Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.
Force Majeure Delay means only an actual delay resulting from “Health Emergency Delay”, as that term is defined, below, strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, terrorist acts, civil unrest, riots, or earthquakes. For purposes of the foregoing, a “Health Emergency Delay” shall mean a prevention or delay in construction of the Tenant Improvements resulting from any law, ordinance or other governmental action in response to a pandemic or other public health crisis. As used in this Tenant Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any Construction Drawings in the time periods specified in this Tenant Work Letter (except to the extent Landlord is deemed to have approved the same); (ii) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Tenant Work Letter) with the Substantial Completion of the Tenant Improvements which objectively precludes or delays the construction of tenant improvements in the Building by any person, including interference which relates to access by Tenant, or Xxxxxx’s Agents to the Building or any Building facilities (including loading docks and freight elevators) or service (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord with respect to payment of the Tenant Improvement Allowance (except as otherwise allowed under this Tenant Work Letter), and (iv) failure by Landlord to deliver the Second Additional Basement Premises in the Delivery Condition on or before the Outside Delivery Date.
Force Majeure Delay has the meaning set forth in Section 1.1.2.3 “Forecasting Penalty” has the meaning set forth in Section 14.2.1. “Fuel Attestation” has the meaning set forth in Section 4.4.3.
Examples of Force Majeure Delay in a sentence
Borrower’s obligation under this provision shall be subject to exception due to events of Force Majeure Delay.
Force Majeure Delay does not include the failure to order and obtain materials in a timely fashion for the continuous development of the Development and does not include financial difficulties of the Borrower.
Tenant Delays and Force Majeure Delays shall be recognized hereunder only if they are not concurrent with any other Tenant Delay or Force Majeure Delay that is effective hereunder.
If such actions, inaction, or circumstances qualify as a Tenant Delay or Force Majeure Delay, then a Tenant Delay or Force Majeure Delay, as applicable, shall be deemed to have occurred, commencing as of the date Tenant received such notice from Landlord.
No Tenant Delay or Force Majeure Delay shall be deemed to have occurred unless, within forty eight (48) hours of the event giving rise to such claim, Landlord provides Tenant with written notice in compliance with the Lease specifying that a delay is claimed to have occurred because of actions, inaction or circumstances specified in the notice in reasonable detail.
More Definitions of Force Majeure Delay
Force Majeure Delay means a delay in the performance of the obligations of Contractor pursuant to this Contract which is beyond the control of, and without the fault or negligence of, Contractor and which is caused by (A) acts, laws, rules, regulations, or orders of a governmental authority, (B) acts of God or of a public enemy, or (C) fires, floods, epidemics, quarantine restrictions, strikes or other labor disputes, freight embargoes, material shortage, or weather of unusual severity.
Force Majeure Delay means any delay in the Substantial Completion of the Lessee Improvements resulting from Acts of God or any other cause beyond the reasonable control of the Lessee, provided that (i) in no event shall delays caused by Lessee's Agents be deemed to constitute a Force Majeure Delay for purposes hereof, and (ii) in no event shall delays in permit processing, obtaining other governmental approvals or other government related matters be deemed to constitute a Force Majeure Delay for purposes hereof except that if it takes more than three (3) weeks for Lessee to obtain necessary building permits for the construction of the Lessee Improvements after Lessee's submittal of all necessary fees, plans, specifications and other materials required by the applicable governmental authority in order to issue such building permits, with Lessee using its continued reasonable efforts and diligence to obtain such permits, then the period of time after such three (3) week period until issuance of such building permits shall be deemed to constitute a Force Majeure Delay. If Lessee contends that a Force Majeure Delay has occurred, Lessee shall notify Lessor in writing promptly following each of (1) Lessee's first learning of the occurrence of the event giving rise to such Force Majeure Delay, and (ii) the date upon which such Force Majueure Delay ends. Notwithstanding anything to the contrary contained herein, if Lessee does not provide Lessor with written notice of the occurrence of a Force Majeure Delay within five (5) business days after Lessee's first learning of the occurrence of the event giving rise to such Force Majeure Delay, then Lessee shall not be entitled to the benefit of the period of Force Majeure Delay accruing between the expiration of such five (5) business day period and the date upon which Lessor receives such written notice from Lessee of the occurrence of the event giving rise to such Force Majeure Delay.
Force Majeure Delay means only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, terrorist acts, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes. As used in this Work Letter, “Landlord Caused Delay” shall mean actual delays to the extent resulting from the following acts or omissions of Landlord or Landlord’s agents, employees or contractors (provided that Landlord Caused Delay shall not include Landlord’s actions in connection with the construction of the Bridge Structures): (i) the failure of Landlord to timely approve or disapprove any Construction Drawings; (ii) interference (when judged in accordance with industry custom and practice) by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Improvements and which objectively preclude or delay the construction of improvements in the Building by any person, which interference relates to access by Tenant, or Tenant’s Agents to the Building; or (iii) delays due to the acts or failures to act of Landlord or Landlord Parties with respect to payment of the Improvement Allowance (except as otherwise allowed under this Work Letter) but Tenant shall have a right to suspend its design and construction of its Improvements if Landlord fails to reimburse Tenant all or any part of the Improvement Allowance when due.
Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person's delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Funding Agents written notice thereof as soon as practicable after the beginning of such delay.
Force Majeure Delay means a delay to the development of a Lot Under Development or a delay to the construction of a Dwelling Unit or a Dwelling Lot which is caused by fire, earthquake, or other Acts of God, strike, lockout, acts of public enemy, riot, insurrection, or governmental regulation of the sale or transportation of materials, supplies, or labor; provided that (i) Borrower furnishes Administrative Agent with written notice of any such delay within ten (10) days from the commencement of any such delay and (ii) the period of the Force Majeure Delay shall not exceed the period of delay caused by such event.
Force Majeure Delay means a delay in progress of construction due to weather, act of God, unavailability or shortage of labor or materials, national emergency, fire or other casualty, natural disaster, war, delays or actions of governmental authorities or utilities, riots, acts of violence, labor strike, injunctions in connection with litigation, or other cause which is not within the reasonable control of Borrower. Force Majeure Delay does not include the failure to order and obtain materials in a timely fashion for the continuous development of the Development and does not include financial difficulties of the Borrower.
Force Majeure Delay has the meaning set forth in Section 1.1.2.3