Construction Force Majeure means whenever a period of time is prescribed for the taking of an action or performance of a non-monetary obligation by Xxxxxxxx, the period of time for the performance of such action or performance of such obligation shall be extended by the number of days that the performance is actually delayed by events or circumstances outside of the reasonable control of Landlord, including industry wide strikes affecting similar construction projects at the time, acts of God, industry wide shortages of labor or materials affecting similar construction projects at the time after reasonably diligent efforts to obtain the same, war, terrorist acts, civil disturbances, government acts or regulations, and other causes beyond the reasonable control (such as an inability to obtain utility services from third-parties) of Landlord, but the unavailability of funds shall not be deemed a cause beyond the reasonable control of Landlord for this purpose. Any dispute as to whether any event or situation constitutes Construction Force Majeure may be referred by either Landlord or Tenant for resolution by binding arbitration pursuant to Section 29.5; provided, however, that Landlord shall notify Tenant within ten (10) business days after Landlord has knowledge of such Construction Force Majeure delay (failing which the time period of the subject Construction Force Majeure delay shall run from the date such notice is actually received by Tenant); provided further that if and to the extent that any delay is attributable to any act, failure to act or neglect of Landlord or its agents or contractors, or Landlord’s failure to utilize its commercially reasonable efforts in the performance of its obligations under this Lease, then in any such event such delay shall not constitute a Construction Force Majeure delay.
Construction Force Majeure means any unexpected event beyond the reasonable control of the party affected thereby, including, without limitation, acts of the public enemy, government restraint, unavailability of materials or any public utility service, strikes, civil riots, floods, hurricanes, tornadoes, earthquakes and other severe weather conditions or acts of God, but excluding events involving the financing of the Project. If any period of Tenant Delay causes a delay in the Commencement Date for a Building, Tenant sha11 pay to Landlord within ten (10) days of Landlord's written notice to Tenant per diem Base Monthly Rent for each day of such Tenant Delay.
Construction Force Majeure means extraordinary and unforeseeable acts of nature (e.g. tornado, hurricane, flood, earthquake, or unusually severe storm designated as a 50-year or greater storm by the National Climate Data Center, but not including lesser storms), fire or other casualty, war, riot or terrorism, and other extraordinary and unforeseeable causes beyond the responsible party’s reasonable control (provided same is not the result of the negligence or fault of such party and cannot, by the exercise of commercially reasonable due diligence, be overcome or avoided by the party claiming Construction Force Majeure), but does not include items such as materials delay (other than general unavailability of materials and replacement materials in the nature of a shortage generally affecting similar projects in the eastern United States, rather than based on increased price), governmental delay relating to inspections (and results of inspections) of the Property or in granting permits or approvals, labor disturbances, strikes or disputes specific to the Property and/or the demolition or construction of improvements thereon or any labor disturbances, strikes or disputes if and to the extent the same are limited to employees, agents, contractors, vendors, suppliers, and/or subcontractors of the party claiming that Construction Force Majeure has occurred, errors or omissions in design, mechanical or equipment failure, economic hardship or the inability to pay all obligations when due, provided that the party claiming Construction Force Majeure shall notify the other party in writing of a Construction Force Majeure delay within two (2) business days of gaining actual knowledge of the Construction Force Majeure event.
Examples of Construction Force Majeure in a sentence
Subject to Construction Force Majeure Events, the Construction Agent hereby agrees, unconditionally and for the benefit of the Lessor, to cause Construction of a Building to commence on each parcel of Land as soon as is reasonably practicable, in its reasonable judgment, after the Closing Date in respect of such Land.
The Construction Agent shall be entitled to reimbursement from Lessor for any costs directly related to minimizing the disruption and to preventing further damage of such Construction Force Majeure Event through the proceeds of Fundings pursuant to, and subject to the terms and conditions of, the Master Agreement.
The Construction Agent shall, within thirty (30) days of the delivery of the Construction Force Majeure Declaration, submit to the Lessor a budget detailing the costs that would be incurred in remediating such Construction Force Majeure Event and a schedule for effecting the same.
The Construction Agent shall take all reasonable and practical steps to minimize the disruption of the construction process and all steps reasonably necessary to prevent further damage arising from such Construction Force Majeure Event.
Upon receipt of the Construction Force Majeure Declaration, Lessor and the Construction Agent shall consult with each other as to what steps, if any, are to be taken to remediate such Construction Force Majeure Event, including consulting as to the appropriateness of an extension of the Scheduled Construction Termination Date.
More Definitions of Construction Force Majeure
Construction Force Majeure means any delay due to abnormally severe or unusual weather, labor strikes or shortages, acts of God, material shortages that could not be foreseen or avoided or governmental action or inaction; however, Landlord agrees to use all commercially reasonable efforts to cause the Turnover Date to occur as soon as reasonably possible following any delays due to Construction Force Majeure.
Construction Force Majeure means acts of God; strikes, lockouts, or other industrial disturbances, which by the exercise of reasonable diligence could not have been avoided; acts of public enemies; wars; blockades; insurrections; riots; fires; floods; washouts; necessity for compliance with any court order, Law, regulation or ordinance promulgated by any Governmental Authority having jurisdiction of the Parties, or jurisdiction over any Person supplying labor, material, or any item or items necessary to the performance of the Work; civil disturbances, explosions or any other cause of the kind or type herein recited beyond the reasonable control of TEPPCO. Settlement of strikes, lockouts or other industrial disturbances shall be entirely within the discretion of the party having the difficulty.
Construction Force Majeure means: (A) industry-wide unavailability of materials (not due to Tenant special orders necessitated by the Tenant Improvement Work), strike or other labor troubles (not due to disputes between Tenant and its contractors, architect and/or other consultants, or any of them); or (B) casualty (not caused by Tenant and/or Tenant’s
Construction Force Majeure means any delay due to a cause not within the reasonable control of Landlord, including, without limitation, labor strikes or shortages, acts of God, unusually severe and abnormal weather conditions, abnormal material shortages that could not be foreseen or avoided or governmental action which interferes with construction. With respect to “unusually severe and abnormal weather conditions”, if adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. Landlord and Tenant acknowledge and agree that both parties anticipate weather delays of 24 calendar days during the Project's course of construction based on the historical seasonal average of weather delays for the Project area. Landlord has taken this into account in determining the Turnover Date. To the extent adverse weather delays exceed 24 calendar days during the Project's course of construction due to unusual weather delays, Tenant shall give Landlord credit for each day of additional delay, and the Turnover Date shall be adjusted accordingly. Landlord shall only be afforded time credit for additional delays resulting from “unusually several and abnormal weather conditions” if (i) such conditions cause a delay in the Landlord’s Work on the critical path (as opposed to any other Landlord’s Work) in a manner that such Work on the critical path may not be reasonably performed as a direct result of the adverse weather conditions, and (ii) Landlord notifies Tenant in writing within ten (10) days of the alleged weather delay.
Construction Force Majeure means acts of God, strikes, sabotage, accidents, acts of war, fire and casualty, moratoriums affecting construction, insurance reimbursement problems or delays, emergencies, energy shortage, the failure of the applicable governmental authority to issue building permits for the Tenant Work within twenty-one (21) days after Landlord has submitted to the appropriate authority an application for such building permit with the required documentation, the failure of the applicable governmental authority to conduct inspections required in connection with the Tenant Work (and issue its approval or disapproval thereof) within three (3) business days after Landlord has submitted to the appropriate authority a request for such inspection or the failure of the applicable governmental authority to issue a certificate of occupancy for the Premises within five (5) business days after Landlord has submitted to the appropriate authority an application (which application shall have been submitted after receipt of the approvals from all inspections that are required as a condition precedent to submitting such application) for such certificate of occupancy. Landlord shall provide to Tenant notice of the occurrence of an event of Construction Force Majeure within five (5) business days of Landlord becoming aware that such event of Construction Force Majeure has occurred.
Construction Force Majeure means those perils and events set forth in the definition of Force Majeure in Section 6.8 except for strikes, lockouts, labor troubles or disputes involving the Tenant Improvements General Contractor which prevent such entity from performing its services in connection with the Premises as provided in this Lease and which could reasonably have been avoided by the Tenant Improvements General Contractor, except for such events precipitated by an act or omission of Tenant or any of Tenant's Agents.
Construction Force Majeure means time actually lost by Landlord or Landlord’s contractors, subcontractors or suppliers due to governmental restrictions, limitations and delays (including, without limitation, delays in the issuance of any governmental permit, license and/or approval required to complete the Landlord Work through no fault of Landlord or its agents, employees or contractors), scarcity, unavailability or delay in obtaining fuel, materials, equipment or components (so long as any delays occur despite Landlord’s commercially reasonable diligent efforts), war or other national emergency, accidents, floods, defective materials, fire damage or other casualties, adverse weather conditions which reasonably prevent Landlord from pursuing construction activities in a normal manner, soil conditions, or any other cause similar or dissimilar to the foregoing in any case beyond the reasonable control of Landlord or Landlord’s contractors, subcontractors or suppliers.