Unavoidable Delay - Force Majeure. If either party shall be delayed or prevented from the performance of any act required by this Lease by reason of act of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws or regulations or other cause, without fault and beyond the reasonable control of the party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay; and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, nothing in this Section 15.04 shall excuse Tenant from the prompt payment of any rental or other charge required of Tenant.
Unavoidable Delay - Force Majeure. If either party shall be delayed or prevented from the performance of any act required by this Contract by reason of war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restriction or priority; unusually severe weather; inability to secure necessary labor, materials or tools; acts of the other party; acts or failures to act of the Harbor District or any other public or governmental agency or entity (other than that acts or failures to act of Landlord shall not excuse performance by Landlord); or any other similar causes, without fault and beyond the reasonable control of the party claiming an extension of time to perform, performance of such act shall be excused for the period of the delay, provided, however, that nothing in this provision shall excuse Concessionaire from the prompt payment of any Base Rent, Percentage Rent or other monetary charges required of Concessionaire, and provided, further, that the party delayed or prevented from the performance of any act as above described has notified the other of such delay or prevention within thirty (30) days of the inception thereof, and has thereafter kept said party regularly informed of the status of such delay or prevention.
Unavoidable Delay - Force Majeure. If either party shall be delayed or prevented from the performance of any act required by this Lease by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, or other cause, without fault and beyond the reasonable control of the party obligated (financial inability excepted) performance of such act shall be excused for the period of the delay; provided, however, nothing in this section shall excuse Lessee from the prompt payment of any rental or other charge required of Lessee except as may be expressly provided elsewhere in this Lease. 386
Unavoidable Delay - Force Majeure. Whenever and to the extent that either party shall be unable to fulfil, or shall be delayed or restricted in the fulfilment of any obligation under this Lease in respect of the supply or provision of any service or utility or the doing of any work or the making of any repairs by reason of strike, lock-out, war, act of God or by reason of being unable to obtain material, goods, equipment, services, utility or labour required to enable it to fulfil such obligation or by reason of any Applicable Law or by reason of not being able to obtain any required permission or authority, or by reason of any other cause beyond its control, whether of the foregoing character or not, such party shall, so long as any such impediment exists, be relieved from the fulfilment of such obligation and the other party shall not be entitled to compensation for any damage, inconvenience, nuisance or discomfort thereby occasioned, but nothing in this Section shall excuse the Tenant from payment of, or entitle it to withhold, Rent.
Unavoidable Delay - Force Majeure. If either Party shall be delayed or prevented from the performance of any act required by this Lease by reasons of strikes, lockout, labor troubles, inability to procure materials, restrictive governmental laws or regulations or other cause, without fault and beyond the reasonable control of the Party obligated (financial inability excepted), performance of such act shall be excused for the period of the delay; and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, nothing in this section shall excuse Lessee from the prompt payment of rental or other charges required of Lessee, except as may be expressly provided elsewhere in this Lease.
Unavoidable Delay - Force Majeure. If either party shall be delayed or prevented from the performance of any act required by the Contract Documents by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, restrictive governmental laws, or regulations or other similar cause, without fault and beyond the reasonable control of the party obligated (financial inability excepted), performance of such act, only, will be excused for the period of the delay; and the period for the performance of any such act, only, will be extended for a period equivalent to the period of such delay; provided, however, nothing in this Section will excuse Company from the prompt payment of any fee or other charge required of Company except as may be expressly provided elsewhere in the Contract Documents; and, provided further that any party claiming the application of this Section immediately resumes performance as soon as the cause claimed under this Section ends.
Unavoidable Delay - Force Majeure. Except as otherwise expressly set forth in this Lease, in the event Landlord or Tenant shall be delayed or hindered in, or prevented from, the performance of any act required hereunder by reason of Force Majeure, then performance of such acts shall be excused for the period of the delay, and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. For purposes of this Lease, “Force Majeure” means delay due in whole or in part to any strike, lockout, labor trouble, civil disorder, inability to procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, fuel shortages, accidents, casualties, acts of God, acts caused directly or indirectly by the other Party (or that Party’s agents, employees, contractors, licensees or invitees) or any other cause beyond the reasonable control of the Party, then that Party shall not be deemed in default under this Lease as a result of such failure and any time for performance by Landlord or Tenant provided for herein shall be extended by the period of delay resulting from such cause. Force Majeure shall not excuse or delay the payment of any monetary obligation.
Unavoidable Delay - Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform (except for financial ability), shall excuse the performance, except for the payment of money, by such party for a period equal to any such prevention, delay or stoppage.
Unavoidable Delay - Force Majeure. If any party to this Agreement is delayed or prevented from performing any act required by this Agreement by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, or governmental regulations, without fault and beyond the reasonable control of the party obligated (financial inability excepted), the performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay. Changes in laws or regulations enacted by any one of the Town Parties will not be deemed a force majeure event to the detriment of Developer.
Unavoidable Delay - Force Majeure. (a) If any party is bona fide delayed in, hindered in or prevented from performing any term or covenant of the Rental Agreement due to causes (“Unavoidable Delay”) that are beyond the control of the party affected, including strikes, lockouts or other labour disputes, the enactment, amendment, repeal or enforcement of any laws, shortages or unavailability of labour or materials, riots, insurrection, sabotage, rebellion, war, acts of terrorism, criminal acts, acts of God, health emergency, epidemic, pandemic or any other similar reason excluding delay avoidable by the exercise of reasonable care by such party or delay caused by lack of funds of such party, then performance of such term or covenant by the party so inhibited will be excused for the period of the Unavoidable Delay and the deadline for performing such term, covenant or act will be extended day-for-day corresponding with the period of Unavoidable Delay, but this section does not excuse either party from making payments required by the Rental Agreement on time without any regard for Unavoidable Delay. Unavoidable Delay excludes delays to the extent caused by the party’s own default, act or omission.
(b) Without limiting the generality of the foregoing, the Lessor reserves the right to terminate the Rental Agreement due to any Unavoidable Delay upon written notice to the Lessee, If so terminated, the Rental Agreement shall be terminated and of no further force or effect as of the date it is established that the Unavoidable Delay commenced, and the Lessor shall not be responsible for any losses, damages, costs or expenses incurred by the Lessee as a result of the Unavoidable Delay. Upon such termination of the Rental Agreement, the parties shall deliver to each other such releases and other documents as may be required to terminate all agreements between them in respect of the Rental Agreement. Upon compliance with the foregoing, the Lessor agrees to refund to the Lessee all amounts received by the Lessor pursuant to the Rental Agreement, less any costs and expenses reasonably incurred by the Lessor in connection with the granting of the lease of the Facilities, and the negotiation and execution of the Rental Agreement and any other agreement.
