Landlord’s Performance. The University, insomuch as it is within the University’s control, will provide the accommodation pursuant to the terms and conditions stated in this Contract. To the extent that the University is unable to fulfil, or is delayed or restricted in fulfilling its obligations under this Contract by any cause beyond its control, the University shall be relieved from the fulfilment of its obligations during that period and you shall not be entitled to any reduction in fees or compensation as a result thereof. Without restricting the generality of the foregoing, the University shall not be responsible for: • failing to meet its obligations under this Contract due to a strike by its employees, a lock-out of employees by the University or any other form of job action or labour unrest, acts of God including fires, floods, storms, earthquakes, intervention by civilian or military authorities, acts of war, acts of terrorism, public health emergencies, or new or amended federal, provincial or local government laws, regulations, bylaws or policies. or • the failure to provide any utility to the accommodation, or a reduction in the quality or quantity of a utility, whether such utility is provided by the University, or by third party providers.
Landlord’s Performance. If Tenant fails timely to perform any of its duties under this Lease, Landlord shall have the right (but not the obligation) after the expiration of any applicable notice and cure period, to itself perform such duty on behalf and at the expense of Tenant, without further notice to Tenant, and all sums incurred by Landlord in performing such duty shall be considered additional rent under this Lease and shall be due and payable upon demand by Landlord.
Landlord’s Performance. Tenant shall give Landlord notice, not later than ten (10) days after the Final Completion Date, of any respects in which Landlord has not performed Landlord’s Work fully, properly and in accordance with the terms of this Lease. Except as identified in any such notice from Tenant to Landlord, and except as otherwise set forth in Section 17.3 above, Tenant shall have no right to make any claim that Landlord has failed to perform any of Landlord’s Work fully, properly and in accordance with the terms of this Lease or to require Landlord to perform any further Landlord’s Work. Except for Landlord’s Work, the Leased Premises are being leased in their present condition, AS IS, WITHOUT REPRESENTATION OR WARRANTY by Landlord. Tenant acknowledges that it has inspected the Premises and, except for Landlord’s Work, has found the same satisfactory.
Landlord’s Performance. As of the date of this Certificate, to the best of Tenant's knowledge, Landlord has performed all obligations required of Landlord pursuant to the Lease; no offsets, counterclaims, or defenses of Tenant under the Lease exist against Landlord; and no events have occurred that, with the passage of time or the giving of notice, would constitute a basis for offsets, counterclaims, or defenses against Landlord, except as follows: -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- (If none, please state "None.")
Landlord’s Performance. Notwithstanding anything to the contrary contained in this Lease, if the Landlord is delayed or hindered or prevented from the performance of any term, covenant or act required under this Lease by reason of strikes, labor troubles, inability to procure materials or services, power failure, restrictive governmental laws or regulations, riots, insurrection, sabotage, rebellion, war, act of God or other reason, whether of a like nature or not, which is not the fault of the Landlord, then performance of such term, covenant or act will be excused for the period of the delay and the Landlord will be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of such delay.
Landlord’s Performance. Landlord shall perform the Base Building Work (hereinafter defined) in a good and workmanlike manner, using new materials of first quality, and shall comply with applicable laws and all applicable ordinances, orders and regulations of governmental authorities. The Base Building Work shall be performed in all material respects in accordance with the list of plans and specifications attached as Attachment 1, as such plans and specifications may be modified in accordance with this Work Letter (the “Base Building Work”). Landlord may modify the design of the Base Building Work from time to time as required by municipal authorities having jurisdiction over such work or to comply with applicable legal requirements (any such change being a “Permitted Base Building Work Change”). Landlord acknowledges that if there are multiple alternatives to comply with applicable legal requirements at no greater cost to Landlord or delay in the schedule for the Base Building Work (nothing in this clause being deemed to limit Landlord’s obligations, including the obligations to incur additional costs and delay, pursuant to Section 2.07(d)(i), below), Landlord shall consult with Tenant prior to selecting the applicable method of compliance for purposes of minimizing the impact of such change on Tenant’s Finish Work. In addition, Landlord may (subject to the provisions of the immediately following paragraph) make such other modifications as Landlord reasonably determines are necessary so long as such other modifications (i) do not affect the utility, quality, or appearance of the Base Building Work in any material respect, (ii) do not materially increase the cost of the Finish Work or the FF&E Work (as hereinafter defined), except as provided below, (iii) will not materially interfere with Tenant’s use of the Premises, (iv) do not involve a material reduction in the quality of materials to be incorporated in the Base Building Work, (v) will not result in any material diminution of the rentable area of the Premises, and (vi) will not materially adversely affect the building service systems and equipment serving the Premises (collectively, the “Tenant Approval Not Required Standards”). In addition to the requirements described in this Exhibit 7.02, Landlord's Base Building Work shall be further described in 100% construction documents that shall be consistent with Attachment 1 and a first class suburban office building (Tenant acknowledging that Attachment 1 is consistent with a fir...
Landlord’s Performance. Notwithstanding anything in this Lease to the contrary, the Landlord shall not be deemed to be in default in respect of the performance of any of the terms, covenants and conditions of this Lease if any failure or delay in such performance is due to any strike, lockout, civil commotion, war-like operation, invasion, rebellion, hostillities, military or usurped power, sabotage, governmental regulations or controls, act of God, or other cause beyond the control of the Landlord.
Landlord’s Performance. OF THE LANDLORD'S WORK; TENANT'S PERFORMANCE OF THE TENANT'S INITIAL ALTERATIONS AND LANDLORD'S PAYMENT OF LANDLORD'S CONTRIBUTION TOWARDS SUCH TENANT WORK......................................................... 69 ARTICLE 37 MISCELLANEOUS.................................................................................. 75
Landlord’s Performance. Except as otherwise specifically set forth in this Lease, Landlord shall have no liability whatsoever to Tenant on account of: (a) the inability of Landlord to fulfill, or delay in fulfilling, any of Landlord's obligations under this Lease by reason of strike, other labor trouble, governmental preemption of priorities or other controls in connection with a national or other public emergency, or shortages of fuel, supplies or labor resulting therefrom, or any other cause, whether similar or dissimilar to the above, beyond Landlord's reasonable control; or (b) any shutdown, failure or defect in the supply, quantity or character of electricity or water furnished to the Premises, by reason of any requirement, act or omission of the public utility or others furnishing the Building with electricity or water or of any governmental agency, or for any other reason, whether similar or dissimilar to the above, beyond Landlord's reasonable control. If this Lease specifies a time period for performance of an obligation of Landlord, that time period shall be extended by the period of any delay in Landlord's performance caused by any of the events described above.
Landlord’s Performance. If Tenant shall default in the performance of any of its obligations under this Lease and such default shall continue after the expiration of any notice or cure period provided in this Lease, Landlord may perform such obligation for the account and expense of Tenant without further notice, and Tenant shall reimburse Landlord therefor upon demand.
