Common use of Inability to Complete Clause in Contracts

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays as defined in Section 32.15, and delays caused by Tenant or any Tenant Parties), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days’ prior written notice to the other.

Appears in 2 contracts

Samples: Work Letter Agreement (Auspex Pharmaceuticals, Inc.), Work Letter Agreement (Auspex Pharmaceuticals, Inc.)

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Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays as defined in Section 32.15, and delays caused by Tenant or any Tenant Parties), then (i) Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days’ prior written notice to Tenant and (ii) Tenant shall have the otherright to terminate this Lease so long as the delay was not caused by any delays caused by Tenant and/or any Tenant Parties.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays as defined in Section 32.15Events, and delays caused by Tenant or any Tenant Parties), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days’ prior written notice to the otherTenant.

Appears in 1 contract

Samples: Office Lease (Lumena Pharmaceuticals, Inc.)

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays as defined in Section 32.15, and delays caused by Tenant or any Tenant Parties), then Landlord (and, so long as the unless such delay is not caused by Tenant Delaysor any Tenant parties, Tenant Tenant) may elect to terminate this Lease upon thirty (30) days’ prior written notice to the otherother party.

Appears in 1 contract

Samples: Work Letter Agreement (Axesstel Inc)

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s contractor Landxxxx'x xontractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays events as defined in Section 32.15, and delays caused by Tenant or any Tenant Parties, but not including financial inability), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to the otherTenant.

Appears in 1 contract

Samples: Office Lease (Websidestory Inc)

Inability to Complete. Notwithstanding anything to the contrary contained in In this Section 18, in In the event Landlord is Is obligated or elects to repair, reconstruct reconstruct-and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six one hundred eighty (6180) months days after the date estimated by Landlord’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (includingIncluding, without limitation, delays due to Force Majeure Delays as defined in Section 32.1530.16, and delays caused by Tenant or any Tenant Parties), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days’ prior written notice to the otherTenant.

Appears in 1 contract

Samples: Global Brass & Copper Holdings, Inc.

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event if Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s 's contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays any delay due to Force Majeure Delays as defined in Section 32.1532.16, and delays caused by Tenant or any Tenant Parties), then Landlord and, so long as or Tenant (but only if the delay is not caused by Tenant Delays, or any Tenant Parties) may elect to terminate this Lease upon thirty (30) days' prior written notice to the otherother party.

Appears in 1 contract

Samples: HNC Software Inc/De

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Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s 's contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays events as defined in Section 32.15, and delays caused by Tenant or any Tenant Parties), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to the otherTenant.

Appears in 1 contract

Samples: Antenna License Agreement (Silicon Image Inc)

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s 's contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays events as defined in Section 32.15, and delays caused by Tenant or any Tenant of Tenant's Parties), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to the otherTenant.

Appears in 1 contract

Samples: Office Lease (Willdan Group, Inc.)

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above18.1, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays events as defined in Section 32.15, and delays caused by Tenant or any Tenant Parties), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days’ prior written notice to the otherTenant.

Appears in 1 contract

Samples: Work Letter Agreement (Orexigen Therapeutics, Inc.)

Inability to Complete. Notwithstanding anything to the contrary contained in this Section 18, in the event Landlord is obligated or elects to repair, reconstruct and/or restore the damaged portion of the Building or Premises pursuant to Section 18.1 above, but is delayed from completing such repair, reconstruction and/or restoration beyond the date which is six (6) months after the date estimated by Landlord’s contractor for completion thereof pursuant to Section 18.1, by reason of any causes beyond the reasonable control of Landlord (including, without limitation, delays due to Force Majeure Delays events as defined in Section 32.15, and delays caused by Tenant or any Tenant Parties), then Landlord and, so long as the delay is not caused by Tenant Delays, Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to the otherTenant.

Appears in 1 contract

Samples: Work Letter Agreement (Hi/Fn Inc)

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