Common use of Unavoidable Delay Clause in Contracts

Unavoidable Delay. Upon the occurrence and during the continuance of an Unavoidable Delay with respect to an Approved Project and the giving of written notice thereof to Lessor, Lessee shall be temporarily released without any liability on its part from the performance of its obligations to complete such Approved Project, except for the obligation to pay any amounts due and owing from Lessee (using the funds provided by Lessor under this Amendment, if applicable), but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. Upon the occurrence and during the continuance of an Unavoidable Delay with respect to a Structural Project and the giving of written notice thereof to Lessee, Lessor shall be temporarily released without any liability on its part from the performance of its obligations to complete such Structural Project, but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. In each case, such notice shall include a description of the nature of the Unavoidable Delay, and its cause and possible consequences. Lessee or Lessor, as applicable, shall promptly notify the other party of the termination of the event giving rise to the Unavoidable Delay. During the period that the performance by Lessee has been suspended by reason of an Unavoidable Delay, Lessor may likewise suspend the performance of all or part of its obligations under the First Amendment to the extent that such suspension is commercially reasonable and, notwithstanding anything in this Lease to the contrary, Lessor shall have no obligation to make disbursements of the Funded Amount with respect to such Approved Project other than with respect to requests for reimbursement submitted by Lessee for work completed at the applicable Approved Project prior to the onset of any such Unavoidable Delay.

Unavoidable Delay. Upon the occurrence and during the continuance of an Unavoidable Delay with respect to an Approved Project which has not been completed as of the Amended Lease Release Date and the giving of written notice thereof to Lessor, Lessee shall be temporarily released without any liability on its part from the performance of its obligations to complete such Approved Project, except for the obligation to pay any amounts due and owing from Lessee (using the funds provided by Lessor under this Amendment, if applicable), but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. Upon the occurrence and during the continuance of an Unavoidable Delay with respect to a Structural Project and the giving of written notice thereof to Lessee, Lessor shall be temporarily released without any liability on its part from the performance of its obligations to complete such Structural Project, but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. In each case, such notice shall include a description of the nature of the Unavoidable Delay, and its cause and possible consequences. Lessee or Lessor, as applicable, shall promptly notify the other party of the termination of the event giving rise to the Unavoidable Delay. During the period that the performance by Lessee has been suspended by reason of an Unavoidable Delay, Lessor may likewise suspend the performance of all or part of its obligations under the First Amendment this Exhibit to the extent that such suspension is commercially reasonable and, notwithstanding anything in this Lease to the contrary, Lessor shall have no obligation to make disbursements of the Funded Amount with respect to such Approved Project other than with respect to requests for reimbursement submitted by Lessee for work completed at the applicable Approved Project prior to the onset of any such Unavoidable Delay.

Unavoidable Delay. Upon In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, fire or other casualty or other reason of a similar nature beyond the reasonable control of the party delayed in performing work or doing the act required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period from the performance of any such act shall be extended for a period equivalent to the period of such delay (any such delay is herein referred to as an "Unavoidable Delay"). During the period of performance of Tenant's Work in Section 3.1 above, the provisions of this Section 18.12 shall not operate to excuse Tenant from completing construction of the Premises within the Time Estimated for Completion of Tenant's Work unless Tenant gives written notice of the delaying event to Landlord within five (5) business days of the occurrence of such delaying event. Such written notice shall specify the nature of the delaying event and during the continuance number of days of delay claimed to be resulting therefrom. The Time Estimated for Completion of Tenant's Work shall be extended for a period equivalent to the period of actual delay. After the Commencement Date, the provisions of this Section 18.12 shall not operate to extend the Term. Tenant shall not be excused from its obligations under the Lease because of the condition of the market for rental space or because of any other market conditions affecting only price. This Section 18.12 shall not be applicable to Tenant's obligations to pay Rental or any other sums, money, costs, charges or expenses required to be paid by Tenant hereunder; i.e., delays or failures to perform on the part of Tenant resulting from its lack of funds shall not be deemed to be an Unavoidable Delay. If the time limit for any event to be performed by one party hereunder is extended as a result of an Unavoidable Delay (a "Delayed Event"), then the time limit imposed on the other party with respect to an Approved Project and the giving providing notice of written notice thereof to Lessorsuch Delayed Event or of such other party's election of options with respect thereto, Lessee shall be temporarily released without any liability on its part from the performance of its obligations extended for a time period equivalent to complete such Approved Project, except for the obligation to pay any amounts due and owing from Lessee (using the funds provided by Lessor under this Amendment, if applicable), but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. Upon the occurrence and during the continuance of an Unavoidable Delay with respect to a Structural Project and the giving of written notice thereof to Lessee, Lessor shall be temporarily released without any liability on its part from the performance of its obligations to complete such Structural Project, but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. In each case, such notice shall include a description of the nature of the Unavoidable Delay, and its cause and possible consequences. Lessee or Lessor, as applicable, shall promptly notify the other party of the termination of the event giving rise to the Unavoidable Delay. During the period that the performance by Lessee has been suspended by reason of an Unavoidable Delay, Lessor may likewise suspend the performance of all or part of its obligations under the First Amendment to the extent that such suspension is commercially reasonable and, notwithstanding anything in this Lease to the contrary, Lessor shall have no obligation to make disbursements of the Funded Amount with respect to such Approved Project other than with respect to requests for reimbursement submitted by Lessee for work completed at the applicable Approved Project prior to the onset of any such Unavoidable Delay.

Unavoidable Delay. Upon If the occurrence work of construction is directly affected and during the continuance of an Unavoidable Delay with respect to an Approved Project and the giving of written notice thereof to Lessor, Lessee shall be temporarily released without any liability on its part from the performance of its obligations to complete such Approved Project, except for the obligation to pay any amounts due and owing from Lessee (using the funds provided delayed by Lessor under this Amendment, if applicable), but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. Upon the occurrence and during the continuance of an Unavoidable Delay with respect to a Structural Project and the giving of written notice thereof to Lessee, Lessor shall be temporarily released without any liability on its part from the performance of its obligations to complete such Structural Project, but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. In each case, such notice shall include a description of the nature of the Unavoidable Delay, and its cause and possible consequences. Lessee or Lessor, as applicable, shall promptly notify the other party of the termination of the event giving rise to the Unavoidable Delay. During the period that the performance by Lessee has been suspended by reason of an Unavoidable Delay, Lessor may likewise suspend Borrower must notify Administrative Agent in writing within ten (10) Business Days after the performance of all or part of its obligations under the First Amendment to the extent that such suspension is commercially reasonable and, notwithstanding anything in this Lease to the contrary, Lessor shall have no obligation to make disbursements of the Funded Amount with respect to such Approved Project other than with respect to requests for reimbursement submitted by Lessee for work completed at the applicable Approved Project prior to the onset occurrence of any such Unavoidable Delay. So long as no Event of Default has occurred and is continuing and such notice has been given in a timely manner, and provided further that in each case, (i) the cause of the Unavoidable Delay is not within the control of Borrower, (ii) after giving effect to the consequences of each such delay, the Loans shall remain In Balance, (iii) Borrower shall use all commercially reasonable efforts to mitigate the delay caused by such event of Unavoidable Delay, and (iv) Administrative Agent reasonably acknowledges that such delay is due to one of the foregoing causes (which acknowledgment shall not be unreasonably withheld or delayed), then Administrative Agent shall extend the Completion Date and the time for performance of any other construction obligations hereunder by a period of time equal to the period of such Unavoidable Delay. No such extension shall affect the time for performance of, or otherwise modify, any of Borrower's other Obligations under the Loan Documents or the maturity of the Notes. Neither Administrative Agent nor any Lender shall be liable in any way for Administrative Agent's or such Lender's failure to perform or delay in performing under the Loan Documents, and Administrative Agent may suspend or terminate all or any portion of its and the Lenders' obligations under the Loan Documents if such delay or failure to perform results directly or indirectly from, or is based upon, an Unavoidable Delay.

Unavoidable Delay. Upon If the occurrence work of construction is directly affected and during the continuance of an Unavoidable Delay with respect to an Approved Project and the giving of written notice thereof to Lessor, Lessee shall be temporarily released without any liability on its part from the performance of its obligations to complete such Approved Project, except for the obligation to pay any amounts due and owing from Lessee (using the funds provided delayed by Lessor under this Amendment, if applicable), but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. Upon the occurrence and during the continuance of an Unavoidable Delay with respect to a Structural Project and the giving of written notice thereof to Lessee, Lessor shall be temporarily released without any liability on its part from the performance of its obligations to complete such Structural Project, but only to the extent and only for the period that their performance of each such obligation is prevented by the Unavoidable Delay. In each case, such notice shall include a description of the nature of the Unavoidable Delay, and its cause and possible consequences. Lessee or Lessor, as applicable, shall promptly notify the other party of the termination of the event giving rise to the Unavoidable Delay. During the period that the performance by Lessee has been suspended by reason of an Unavoidable Delay, Lessor may likewise suspend Borrower must notify Administrative Agent in writing within ten (10) Business Days after the performance of all or part of its obligations under the First Amendment to the extent that such suspension is commercially reasonable and, notwithstanding anything in this Lease to the contrary, Lessor shall have no obligation to make disbursements of the Funded Amount with respect to such Approved Project other than with respect to requests for reimbursement submitted by Lessee for work completed at the applicable Approved Project prior to the onset occurrence of any such Unavoidable Delay. So long as no Event of Default has occurred and is continuing and such notice has been given in a timely manner, and provided further that in each case, (a) the cause of the Unavoidable Delay is not within the control of Borrower, (b) after giving effect to the consequences of each such delay, the Loans shall remain In Balance, (c) after giving effect to the consequences of each such delay, the Qualified Purchase Contracts remain in full force and effect, (d) Borrower shall use all commercially reasonable efforts to mitigate the delay caused by such event of Unavoidable Delay, and (e) Administrative Agent reasonably acknowledges that such delay is due to one of the foregoing causes (which acknowledgment shall not be unreasonably withheld or delayed), then Administrative Agent shall extend the Completion Date and the time for performance of any other construction obligations hereunder by a period of time equal to the period of such Unavoidable Delay. No such extension shall affect the time for performance of, or otherwise modify, any of Borrower's other Obligations under the Loan Documents or the maturity of the Notes. Neither Administrative Agent nor any Lender shall be liable in any way for Administrative Agent's or such Lender's failure to perform or delay in performing under the Loan Documents, and Administrative Agent may suspend or terminate all or any portion of its and the Lenders' obligations under the Loan Documents if such delay or failure to perform results directly or indirectly from, or is based upon, an Unavoidable Delay.

Unavoidable Delay. Upon For the occurrence and during the continuance purposes of an this Article 4 only, Unavoidable Delay with respect to an Approved Project and shall mean any delay of the giving of written notice thereof to Lessor, Lessee shall be temporarily released without any liability on its part from Landlord in the performance of its obligations to complete such Approved Project, except for the obligation to pay any amounts due and owing from Lessee (using the funds provided by Lessor obligation) under this AmendmentLease caused in whole or in part by any force majeure, if applicable)act of God, flood, strikes, lock-outs or other industrial disturbances, sabotage, war, blockades, insurrections, riots, civil disturbances, breakage of or accident to machinery, inability to obtain materials or equipment, inability of the Landlord to obtain necessary permits, any act, omission or event whether of the kind herein enumerated or otherwise not within the reasonable control of the Landlord and which by the exercise of due diligence the Landlord could not have prevented, but only to lack of funds or increased cost of funds on the extent and only part of the Landlord shall not constitute a cause for the period that their performance of each such obligation is prevented by the an Unavoidable Delay. Upon For greater certainty, if the occurrence failure of the Landlord to deliver possession of the Leased Premises to the Tenant on or by the Delivery Date is attributable to the Tenant (including, by way of example but without limitation, any changes to the Landlord’s Work or Tenant’s Fit-Up as contemplated by Article 3 hereof, or any other changes to plans or equipment requested by the Tenant or its consultants and during any delay or failure by the continuance of an Unavoidable Delay with respect Tenant to a Structural Project approve the budget or the revised budget, as the case may be, within the delay contemplated in Section 3.5 or to supply its final plans and specifications to the Landlord as provided in Section 3.5), the Landlord shall not be in default hereunder and the giving time for delivery of written notice thereof to Lessee, Lessor possession shall be temporarily released without any liability on its part from the performance of its obligations to complete such Structural Project, but only to the extent and only for the period that their performance of each such obligation is prevented extended by the Unavoidable Delay. In each casenumber of days in the delay so caused by the Tenant (such extension to be determined by the Landlord and its professionals, such notice acting reasonably) and there shall include a description be no extension of the nature Commencement Date of the Unavoidable Delay, and its cause and possible consequencesLease. Lessee or Lessor, as applicable, shall promptly notify the other party Each of the termination Landlord and Tenant acknowledges that the construction of the event giving rise Leased Premises will be proceeding on an accelerated basis in order to achieve the Unavoidable DelayDelivery Date of May 1, 2002. During the period that the performance by Lessee has been suspended by reason of an Unavoidable DelayConsequently, Lessor may likewise suspend the performance of all or part of its obligations under the First Amendment to the extent that such suspension is commercially reasonable and, notwithstanding anything in this Lease to the contrary, Lessor shall have no obligation to make disbursements each of the Funded Amount Landlord and Tenant agrees to provide full and timely cooperation with respect each other in order to such Approved Project other than with respect ensure that all decisions are made, approvals obtained and commitments entered into as soon as possible so as to requests for reimbursement submitted by Lessee for work completed at facilitate the applicable Approved Project prior to the onset of any such Unavoidable DelayDelivery Date.