Tenant's Force Majeure Clause Samples

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Tenant's Force Majeure. Except for Tenant’s obligations to make payments, maintain insurance, give notices or maintain harmonious labor relations as set forth in this Lease, if Tenant is delayed in performing its obligations hereunder, by reason of delay or stoppage due to governmental regulation, strikes, lockouts, acts of God, acts of war, terrorist acts, civil commotions, unusual scarcity of or inability to obtain labor or materials, labor difficulties, casualty or other causes beyond the reasonable control of Tenant, the time for Tenant’s performance shall be extended for the period of any such delay. EXECUTED as a sealed instrument in two or more counterparts, each of which shall be deemed to be an original. LANDLORD: BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership By: BOSTON PROPERTIES, INC., its general partner By: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President Boston Properties TENANT: PROTEON THERAPEUTICS, INC. By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ WITNESS: Title: President and CEO Hereto duly authorized By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇ By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Title: CMO Title: Vice President and CFO Hereto duly authorized A certain parcel of land of ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ County, as shown on a plan entitled “Atwater Lane, A Subdivision in Waltham, MA, Middlesex County, Lot Layout Plan,” dated July 22, 1988, recorded with Middlesex South Registry of Deeds as Plan #6 of 1989 in Book 19575, Page 351, and shown thereon as Lot A, containing 142,769± square feet, according to said plan, and Lot B, containing 501,550± square feet, according to said plan, and the parcel of land shown on said plan as Atwater Lane. Said Lots A and B consist of the following: A certain parcel of land situate on First Avenue and West Street, Waltham, Middlesex County, Massachusetts, and shown as Lots 13 and 14 on Plan entitled “Plan of Land in Waltham, Mass.,” dated August 31, 1962, revised October 26, 1962 and October 30, 1962, by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Inc., Registered Land Surveyors, recorded as Plan No. 10 of 1963 in Book 10196, Page 40, bounded and described as follows: NORTHEASTERLY by the End of First Avenue by two lines measuring respectively forty-seven and 50/100 feet and seven and 53/100 feet; NORTHWESTERLY by other land of the Grantors herein three hundred eighty-seven and 17/100 feet; WESTERLY by land now or formerly of United Electric Controls Company by two lines measuring respectivel...
Tenant's Force Majeure. For the purposes of this Article III, "Tenant's Force Majeure" shall mean delays due to unusual scarcity of or inability to obtain labor or materials (to the extent that such scarcity or inability is the result of conditions not prevalent in the market, and otherwise unforeseen, as of the date of this Lease), unusual or unforeseen labor difficulties (with the exception of strikes or other labor difficulties caused by or resulting from the use by either Landlord or Tenant of non-union labor at the Site), casualty or other causes beyond Tenant's reasonable control. Tenant shall provide Landlord with written notice within forty-eight (48) hours after the occurrence of any Tenant's Force Majeure event hereunder (together with Tenant's good faith estimate of the projected duration of such Tenant's Force Majeure event), and shall also notify Landlord as soon as such Tenant's Force Majeure event has ended. In no event shall any Tenant's Force Majeure under this Section 3.5(D) exceed a total of ninety (90) days in the aggregate. In addition, it is expressly understood and agreed that any casualty or Taking (as defined in Article VI below) that occurs prior to the Commencement Date of this Lease shall be deemed to be an event of Landlord's Force Majeure and/or Tenant's Force Majeure (as applicable) and shall be governed by the provisions of this Article III related thereto and not by the provisions of said Article VI.
Tenant's Force Majeure. If the performance of any obligation required ---------------------- to be performed by Tenant under this Lease (other than the payment of money) is delayed as a result of the occurrence of inclement weather, strikes, material shortages, casualties, or other causes beyond Tenant's reasonable control (collectively and alternatively a "Tenant Force Majeure Condition"), then the deadline for the performance of such non-monetary obligations shall be extended for a period of time reasonably attributable to the occurrence of such Tenant Force Majeure Condition. If Landlord has served Tenant with any written notice that Tenant is in default in its obligations under this Lease (other than the payment of money), Tenant shall be able to claim the benefit of any Tenant Force Majeure Condition with respect to the determination of the timeliness of Tenant's cure of such default if and only if Tenant notifies Landlord in writing within five (5) working days after Tenant knows (or reasonably should have known) of the occurrence of a Tenant Force Majeure Condition which will delay Tenant's cure of such default. If Landlord and Tenant are unable to agree upon the period of time that the Tenant Force Majeure Condition shall extend any deadlines related to the performance of non-monetary obligations under this Lease or the curing of any defaults hereunder, such dispute shall be settled by a single architect selected by Tenant under Section 28.(a) above.