Common use of LANDLORD'S INABILITY TO PERFORM Clause in Contracts

LANDLORD'S INABILITY TO PERFORM. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of the inability of Landlord to obtain the necessary building permits and other governmental approvals required to construct any improvements to the Buildings, the unavailability of materials, strikes or other labor troubles or any other cause beyond the control of Landlord, except as may otherwise be specifically set forth in this Lease. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until Landlord or any beneficiary under any deed of trust or any mortgage, ground lessor or other lienholder with rights in all or any portion of the Project has failed to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if Landlord or any of such other parties shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.

LANDLORD'S INABILITY TO PERFORM. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of the inability of Landlord to obtain the necessary building permits and other governmental approvals required to construct any improvements to the BuildingsBuilding, the unavailability of materials, strikes or other labor troubles or any other cause beyond the control of Landlord, except as may otherwise be specifically set forth in this Lease. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until Landlord or any beneficiary under any deed of trust or any mortgage, ground lessor or other lienholder with rights in all or any portion of the Project has failed to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if Landlord or any of such other parties shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.

LANDLORD'S INABILITY TO PERFORM. This Lease and the obligations of Tenant hereunder Landlord shall not be affected or impaired because Landlord is unable in default under this Lease as a result of its inability to fulfill any of its obligations hereunder or is delayed its delay in doing so, if such inability or delay is caused by reason of the any act of God, war, revolt, civil arrest, strike, lockout, labor trouble, inability of Landlord to obtain the necessary building permits and other governmental approvals required to construct any improvements to the Buildings, the unavailability of secure materials, strikes restrictive governmental laws, regulations or other labor troubles approvals, or any other similar cause including, but not limited to, impossibility due to excessive or unreasonable costs beyond the reasonable control of Landlord. Further, except as may otherwise be specifically set forth in this Lease. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until Landlord or any beneficiary under any deed of trust or any mortgage, ground lessor or other lienholder with rights in all or any portion of the Project it has failed to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying wherein how Landlord has failed to perform such obligation; provided, however, however that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if Landlord or any of such other parties it shall commence such performance within such the thirty (30) day period and thereafter diligently prosecutes the same to completion.

LANDLORD'S INABILITY TO PERFORM. This Lease and the obligations of Tenant hereunder Landlord shall not be affected or impaired because Landlord is unable in default under this Lease as a result of its inability to fulfill any of its obligations hereunder or is delayed its delay in doing so, if such inability or delay is caused by reason of the any act of God, war, revolt, civil arrest, strike, lockout, labor trouble, inability of Landlord to obtain the necessary building permits and other governmental approvals required to construct any improvements to the Buildings, the unavailability of secure materials, strikes restrictive governmental laws, regulations or other labor troubles approvals, or any other similar cause including, but not limited to, impossibility due to excessive or unreasonable costs beyond the reasonable control of Landlord. Further, except as may otherwise be specifically set forth in this Lease. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until Landlord or any beneficiary under any deed of trust or any mortgage, ground lessor or other lienholder with rights in all or any portion of the Project it has failed to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying wherein how Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if Landlord or any of such other parties it shall commence such performance within such the thirty (30) day period and thereafter diligently prosecutes the same to completion.