Common use of Unavoidable Events Clause in Contracts

Unavoidable Events. If at any time during the Term, the Facility is rendered Unsuitable For Its Primary Intended Use for a period in excess of one hundred eighty (180) consecutive days by reason of one or more of the following events (each, an "Unavoidable Event"): (a) the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property or any portion thereof, including without limitation any such prohibition or restriction resulting from Legal Requirements enacted after the date hereof (excepting any such prohibition or restriction caused by the actions, negligence or intentional misconduct of Tenant); or (b) declared or undeclared war, sabotage, riot or other acts of civil disobedience, or the acts or omissions by governmental agencies. THEN Tenant shall have the right to terminate the Lease by giving Landlord written notice of such termination. The effective date of such termination shall be ninety (90) days after Landlord's receipt of said written notice of termination; provided, however, if Landlord elects to remedy or remove the restrictions or interference referenced above or otherwise correct or restore the Facility and within said ninety (90) day period the Facility is made suitable for its Primary Intended Use, Tenant's election to terminate the Lease shall be deemed rescinded and the Lease shall remain in full force and effect. This Article XXI shall not limit or restrict Tenant's rights or obligations under Article XV of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Eldertrust), Lease Agreement (Eldertrust)

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Unavoidable Events. If at any time during the Term, the Facility is rendered Unsuitable For Its Primary Intended Use for a period in excess of one hundred eighty (180) consecutive days by reason of one or more of the following events (each, an "Unavoidable Event"): (a) the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property or any substantial portion thereof, including without limitation any such prohibition or restriction resulting from Legal Requirements enacted after the date hereof (excepting any such prohibition or restriction caused by the actions, negligence or intentional misconduct of Tenant); or (b) declared or undeclared war, sabotage, riot or other acts of civil disobedience, or the acts or omissions by governmental agencies. THEN Tenant shall have the right to terminate the Lease by giving Landlord written notice of such termination. The effective date of such termination shall be ninety (90) days after Landlord's receipt of said written notice of termination; provided, however, if Landlord elects to remedy or remove the restrictions or interference referenced above or otherwise correct or restore the Facility and within said ninety (90) day period the Facility is made suitable for its Primary Intended Use, Tenant's election to terminate the Lease shall be deemed rescinded and the Lease shall remain in full force and effect. This Article XXI shall not limit or restrict Tenant's rights or obligations under Article XV of this Lease.

Appears in 1 contract

Samples: Master Agreement (Eldertrust)

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Unavoidable Events. If at any time during the Term, the Facility is rendered Unsuitable For Its Primary Intended Use for a period in excess of one hundred eighty (180) consecutive days by reason of one or more of the following events (each, an "Unavoidable Event"): (a) the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property or any portion thereof, including without limitation any such prohibition or restriction resulting from Legal Requirements enacted after the date hereof (excepting any such prohibition or restriction caused by the actions, negligence or intentional misconduct of Tenant); or (b) declared or undeclared war, sabotage, riot or other acts of civil disobedience, or the acts or omissions by governmental agencies. THEN Tenant shall have the right to terminate the Lease by giving Landlord written notice of such termination. The effective date of such termination shall be ninety sixty (9060) days after Landlord's receipt of said written notice of termination; provided, however, if Landlord elects to remedy or remove the restrictions or interference referenced above or otherwise correct or restore the Facility and within said ninety sixty (9060) day period the Facility is made suitable for its Primary Intended Use, Tenant's election to terminate the Lease shall be deemed rescinded and the Lease shall remain in full force and effect. This Article XXI shall not limit or restrict Tenant's rights or obligations under Article XV of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Eldertrust)

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