Common use of Untenantable Condition Clause in Contracts

Untenantable Condition. The existence of any one of the following conditions, but only to the extent that such condition is not the direct proximate result of (x) the failure of the Bills to perform its obligations as required under this Agreement or StadCo to perform its obligations as required under the CCA or the Stadium Lease and/or (y) a Construction Defect or a Design Defect: (i) due to any Casualty (as defined in the Stadium Lease) or Force Majeure, that is not a direct proximate result of the Bill’s or StadCo’s failure to perform, the condition of the Stadium is such that a Game could not be held or reasonably be foreseen to be held in accordance with the NFL Rules and Regulations or Applicable Law at the Stadium; (ii) the playing field within the Stadium is unavailable, unsuitable or unsafe for its intended purpose; or

Untenantable Condition. The existence of any one of the following conditions, but only to the extent that such condition is not the direct proximate result of (x) the failure of the Bills to perform its obligations as required under this the Non-Relocation Agreement or StadCo to perform its obligations as required under this Stadium Lease (including but not limited to StadCo’s obligations under Article 7) or the CCA or the Stadium Lease and/or (y) a Construction Defect or a Design Defect: (i) due to any Casualty (as defined in the Stadium Lease) or Force Majeure, Majeure that is not a direct proximate result of the Bill’s or StadCo’s failure to perform, the condition of the Stadium is such that a Game could not be held or reasonably be foreseen to be held in accordance with the NFL Rules and Regulations or Applicable Law at the Stadium; (ii) the playing field within the Stadium is unavailable, unsuitable or unsafe for its intended purpose; or