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.
Appears in 2 contracts
Samples: Boat Launch and Retail Concession Agreement, Temporary Concession Agreement
Unavoidable Delay - Force Majeure. If either party shall be delayed or prevented from the performance of any act required by this Contract Agreement 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 those acts or failures to act of Landlord District shall not excuse performance by LandlordDistrict); 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 Lessee from the prompt payment of any Base Rent, Percentage Rent or other monetary charges required of ConcessionaireLessee, 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.thirty
Appears in 1 contract
Samples: Lease Agreement
Unavoidable Delay - Force Majeure. If either party shall be delayed or prevented from the performance of any act required by this Contract Agreement 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 those acts or failures to act of Landlord District shall not excuse performance by LandlordDistrict); 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 Lessee from the prompt payment of any Base Rent, Percentage Rent or other monetary charges required of ConcessionaireLessee, 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.
Appears in 1 contract
Samples: Lease Agreement