Common use of Acts Beyond Control Clause in Contracts

Acts Beyond Control. Nothing contained in the Agreement shall be construed to entitle Grantee to bring any action for any injury to or change in the exterior facades resulting from extraordinary causes, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken under emergency conditions to prevent, ▇▇▇▇▇, or mitigate significant injury to the exterior facades resulting from such causes. In the event that the exterior facades or any parts of same shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, Grantor shall notify Grantee in writing within thirty (30) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the exterior facades and to protect public safety, shall be undertaken by Grantor without Grantee’s prior written approval. Within sixty (60) days of the date of damage or destruction, if required by Grantee, Grantor at its expense shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer who are acceptable to Grantor and Grantee; this report shall include the following: (i.) an assessment of the nature and extent of the damage; (ii.) a determination of the feasibility of the rehabilitation of the exterior facades and/or reconstruction of damaged or destroyed portions of the exterior facades; and (iii.) a report of such restoration/reconstruction work necessary to return the exterior facades to the condition existing at the effective date of this instrument.