Common use of Inability to Perform Clause in Contracts

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all of the other provisions of this Lease shall in no way be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent the rent hereunder and/or Additional Rent the obligations of Landlord and other payments required hereunder and Tenant to comply with all the covenants and conditions hereof shall not be affected, curtailed, impaired, or excused because of the other provisions of this Lease shall in no way be affected, impaired or excused because Landlord is delayed in supplying party’s inability to supply any service expressly or implied to be suppliedmaterial called for herein, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order order, regulation, or regulation of preemption by any department or subdivision thereof of any government governmental entity, authority, department, agency, or subdivision or for any delay that may arise by reason of negotiations for the conditions adjustment of supply and demand which have been or are affected by war any fire or other emergencycasualty loss or because of strikes or other labor trouble or for any cause beyond the control of the other party or for any other reason constituting Force Majeure. “Force Majeure” shall mean and include those situations beyond either party’s control, including by way of example and not limitation, acts of God; providedaccidents; repairs; strikes; shortages of labor, howeversupplies, that or materials; inclement weather; scheduling of planning board meetings or other municipal action affecting any issuance of construction permits and/or approvals; where applicable, the passage of time while waiting for an adjustment of insurance proceeds; or war, terrorism, or bioterrorism. Landlord shall give written notice to Tenant be excused for the period of any delay in the performance of any obligation hereunder when prevented from so doing by a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the Force Majeure event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then provided nothing contained in such event Tenant may terminate this Article or elsewhere in this Lease shall be deemed to excuse or permit any delay in the performance of payment obligations on the part of Landlord. Tenant shall similarly be excused for the period of any delay in the performance of any obligation hereunder when prevented from so doing by written notice given a Force Majeure event, provided nothing contained in this Article or elsewhere in this Lease shall be deemed to Landlord within five (5) days excuse or permit any delay in the payment of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, Fixed Basic Rent or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Additional Rent by Tenant to Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to delay in the application of Laws, the failure cure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall default which may be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable cured by the Service Failure, the amount payment of abatement shall be equitably proratedmoney.

Inability to Perform. 26.1 This Lease and the obligation of the Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with to keep, observe and perform all of the other terms, covenants, conditions, provisions and agreements of this Lease on the part of Tenant to be kept, observed or performed shall in no way wise be affected, impaired or excused because Landlord landlord is unable to fulfill any of its obligations under this Lease or to supply, or is delayed or curtailed in supplying any service expressly or implied impliedly to be suppliedsupplied or its unable to make, or is delayed or curtailed in making, any repairs, alterations, decorations, additions or improvements, or is unable to make supply, or is delayed or curtailed in making supplying, any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s 's reasonable control not including mere lack of funds control, including, but not limited to, government acts of Go, strike or labor troubles, fuel or energy shortages, governmental preemption or curtailment in connection with a national emergency or by reason of in connection with any rule, order order, guideline or regulation of any department or subdivision thereof of any government agency, governmental agency or by reason of the conditions of supply and demand which have been or are affected by a war or other emergency; provided. Any such prevention, however, that delay or curtailment shall be deemed excused and Landlord shall give written notice not be subject to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day periodany liability resulting therefrom. Notwithstanding the foregoing, if in the Leased event Landlord is unable to fulfill obligations under this Lease, and Landlord's inability to perform prohibits Tenant from reasonably conduct its business in the Demised Premises, or a material portion of the Leased Premises, are made untenantable then: 1) If Landlord's inability to perform continues for a period exceeding ten (10) business days, rent shall xxxxx until Tenant can reasonably conduct its business in excess of five the Demised Premises, and 2) If Landlord's inability to perform continues for a period exceeding ninety (590) consecutive Business Days as a result of a Landlord’s failure to furnishdays, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled have the option of terminating the Lease. Tenant waives and releases its right to receive an abatement terminate this Lease under Section 1932(1) of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedCalifornia Civil Code or under any similar law or statue now or hereafter in effect.

Inability to Perform. This Lease and the obligation of the Tenant to pay Base Rent and/or Additional Rent and other payments required the rents hereunder and comply with to perform all the other covenants hereunder on the part of the other provisions Tenant to be performed, and observed shall not in any manner be excused because the Landlord is unable to fulfil any of its obligations under this Lease shall in no way be affectedor to supply, impaired or excused because Landlord is delayed in supplying any service of the Service expressly or implied to be supplied, supplied or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if the Landlord is so prevented or delayed in so doing by reason of riotnecessary repairs replacement maintenance addition alteration or decoration of any installations or apparatus or their damage or destruction or by reason of mechanical or other defects or breakdown or inclement weather conditions or shortage of fuel, strikematerials, labor troubles, war, act of God water or labour or any other cause whatsoever beyond the Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason Tenant’s property If after the Tenant has vacated the Premises on the expiry of the conditions Term any property of supply the Tenant remains in or on the Premises and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice the Tenant fails to Tenant of a claim of a force majeure delay remove it within thirty Seven (307) days after being requested in writing by the Landlord to do so or if after using its best endeavours the Landlord is unable to make such a request to the Tenant within Fourteen (14) days from the first becomes aware attempt so made by the Landlord: the Landlord may as the agent of the occurrence of Tenant sell such property and the event of force majeure, and, provided, further, Tenant will indemnify the Landlord against any liability incurred by it to any third party whose property shall have been sold by the Landlord in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such property belonged to the Tenant. if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Landlord having made reasonable efforts is unable to locate the Tenant may terminate this Lease by written notice given to the Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement retain such proceeds of Base Rent and/or Additional Rent payable hereunder during sale absolutely unless the period beginning Tenant shall claim them within Six (6) months of the date upon which the Tenant vacated the Premises; and the Tenant shall indemnify the Landlord against any damage occasioned to the Premises and any actions claims proceedings costs expenses and demands made against the Landlord caused by or related to the presence of the property in or on the first day after Premises AND the expiration of such fifth (5lh) Business Day period Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedagreements contained herein.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all of the other provisions of this Lease shall 25.01. (a) Except as otherwise provided in no way be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunderSection 31.03 hereof, if Landlord is so prevented or delayed by reason of riot, (1) strike, (2) labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government (3) governmental preemption in connection with a national emergency or by reason of emergency, (4) any rule, order or regulation of any department or subdivision thereof of any government governmental agency, or by reason of the (5) conditions of supply and or demand which have been or are affected by war or other national, state or municipal emergency; provided, or (6) any cause beyond the reasonable control of the party whose performance of an obligation hereunder is required, such party shall be unable to fulfill its obligations under this Lease (except nothing herein contained shall in any way ever release or relieve Tenant from any obligation to pay basic annual rent, additional rent, including, without limitation, Special Additional Rent, or any other charge payable to Landlord under this Lease on the date such payments are due nor release or relieve Landlord of any of Landlord's obligations to make any payment of money due by Landlord to Tenant under this Lease on the date such payments are due) or if Landlord shall be unable to supply any service which Landlord is obligated to supply, this Lease and Tenant's obligation to pay rent hereunder and Landlord's obligation to make any payment of money to Tenant under this Lease shall in no wise be affected, impaired or excused, provided however, that Landlord as soon as the relevant party shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware learn of the occurrence happening of any of the foregoing conditions, such party shall promptly notify the other of such event of force majeure, and, providedif ascertainable, further, that if its estimated duration and will proceed promptly and diligently with the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days fulfillment of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days its obligations as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is soon as reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedpossible.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all of the other provisions of this Lease shall in no way be affected25.01. emergency, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of (4) any rule, order or regulation of any department or subdivision thereof of any government governmental agency, or by reason of the (5) conditions of supply and or demand which have been or are affected by war or other national, state or municipal emergency; provided, howeveror (6) any cause beyond Landlord's control, that Landlord shall give written notice be unable to fulfill its obligations under this Lease or shall be unable to supply any service which Landlord is obligated to supply, this Lease and Tenant's obligation to pay rent hereunder shall in no wise be affected, impaired or excused. As Landlord shall learn of the happening of any of the foregoing conditions, Landlord shall promptly notify Tenant of a claim such event and, if ascertainable, its estimated duration, and will proceed promptly and diligently with the fulfillment of a force majeure delay within thirty (30) days after Landlord first becomes aware its obligations as soon as reasonably possible. If, for any reason whatsoever, unless the result of the occurrence causes set forth in numbers (l)-(6) of the event first paragraph of force majeurethis Section 25.01, andor because of failure of the public utility supplying electricity or heat to the Building to supply such service: (a) all of the elevators in the banks of elevators which service the floor or floors on which the demised premises are located be inoperative for more than ten (10) consecutive business days so that to obtain access to any floor of the demised premises it would be necessary to walk up or down more than four flights of stairs (a flight of stairs shall consist of all stairs in a public stairway of the Building between one floor and the floor above or below), providedunless elevators in a bank of elevators which service floors above or below the floors upon which the demised premises are located are in operation and if Tenant used same it would not be necessary to walk up or down more than four flights of stairs, further, that or (b) if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of heating or air conditioning system which services the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable demised premises be inoperative for a period in excess of five more than ten (510) consecutive Business Days as a result business days during the days when said system would normally be operating to service the Building, so that Tenant and its employees cannot and do not use, except on an emergency basis, part or all of a Landlord’s failure to furnishthe demised premises for the purposes for which the premises are leased, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first rent for each day after said ten (10) day period for such portion of the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have demised premises which is inaccessible or which cannot been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedused as above set forth.

Inability to Perform. This EXCULPATORY CLAUSE Except as otherwise specifically provided herein to the contrary, this Lease and the obligation obligations of Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with perform all of the other covenants, agreements, terms, provisions and conditions hereunder on the part of this Lease Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is delayed in supplying any service expressly or implied impliedly to be supplied, supplied or is unable to make or is delayed in making any repairrepairs, replacements, additions, alterations alterations, improvements or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if Landlord is so prevented or delayed from so doing by reason of riot, strike, strikes or labor troubles, war, act of God troubles or any other similar or dissimilar cause whatsoever beyond Landlord’s 's reasonable control not control, including mere lack of funds including, but not limited to, government governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, governmental agency or by reason of the conditions of supply and demand which have been or are affected by war war, hostilities or other similar or dissimilar emergency; provided. In each such instance of inability of Landlord to perform, however, Landlord shall exercise reasonable diligence to eliminate the cause of such inability to perform. Tenant acknowledges that Landlord shall give written notice have the right to transfer all or any portion of its interest in the Building and to assign this Lease to the transferee. Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of agrees that in the event of force majeuresuch a transfer Landlord shall automatically be released from all liability under this Lease; and Tenant hereby agrees to look solely to Landlord's transferee for the performance of Landlord's obligations hereunder after the date of the transfer. Upon such a transfer, Landlord shall, at its option, return Tenant's security deposit to Tenant or transfer Tenant's security deposit to Landlord's transferee and, providedin either event, furtherLandlord shall have no further liability to Tenant for the return of its security deposit. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for loss of or damage to the goods, that if wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the force majeure delay Building, whether such damage or injury is caused by or results from any cause whatsoever including, but not limited to, theft, criminal activity at the Building, negligent security measures, bombings or bomb scares, hazardous waste, fire, steam, electricity, gas, water or rain, breakage of pipes, sprinklers, plumbing, air conditioning or lighting fixtures, or from any other cause, whether said damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Building, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of the damage or injury arises out of Landlord's or its employees or agents negligent or intentional acts. Tenant assumes full responsibility for protecting its space from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured. Landlord shall exceed one hundred twenty (120) daysnot be liable for any damages arising from any act or neglect of any other tenant, then occupant or user of the Building, nor from the failure of Landlord to enforce the provisions of the lease of any other tenant of the Building. Tenant, as a material part of the consideration to Landlord hereunder, hereby assumes all risk of damage to property of Tenant, in, upon or about the Building arising from any cause, including Landlord's negligence or the negligence of its agents, partners or employees, and Tenant hereby waives all claims in such event respect thereof against Landlord, its agents, partners and employees. Tenant may terminate shall neither assert nor seek to enforce any claim against Landlord, or Landlord's agents or employees, or the assets of Landlord or of Landlord's agents or employees, for breach of this Lease by written notice given or otherwise, other than against Landlord's interest in the Building of which the Premises are a part and, in any event, Tenant's rights shall be subject to Landlord within five (5) days the rights of any lender holding a mortgage or deed of trust encumbering all or part of the expiration Building, Tenant agrees to look solely to such interest for the satisfaction of any liability of Landlord under this Lease, it being specifically agreed that in no event shall Landlord, or Landlord's agents or employees (or any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives, and the like, disclosed or undisclosed, thereof) ever be personally liable for any such liability. This paragraph shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or to take any other action which shall not involve the personal liability of Landlord to respond in monetary damages from Landlord's assets other than the Landlord's interest in said 120-day periodreal estate, as aforesaid. Notwithstanding In no event shall Landlord or Landlord's agents or employees (or any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives and the like, disclosed or undisclosed, thereof) ever be liable for loss of profits, loss of the value of Tenant's business, or consequential or incidental damages. Without limiting the foregoing, if the Leased Premises, in no event shall Landlord or a material portion Landlord's agents or employees (or any of the Leased Premisesofficers, are made untenantable trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or other principals or representatives and the like, disclosed or undisclosed, thereof) ever be liable for a period in excess lost profits of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedTenant.

Inability to Perform. This If, by reason of (1) strike, (2) labor troubles, (3) governmental preemption in connection with a national emergency, (4) any rule, order or regulation of any governmental agency, (5) conditions of supply or demand which are affected by war or other national, state or municipal emergency, or an act of god (each, a "Force Majeure Event"), Landlord (i) shall be unable to provide the services it is obligated to provide Tenant in accordance with Article 21 of this Lease, (ii) Tenant is unable to use or occupy the entire Premises, (iii) Tenant does not use or occupy any portion of the Premises and (iv) Landlord is unable to restore and has not commenced the restoration of the services it is obligated to provide Tenant in accordance with Article 21 of this Lease after the tenth (10th) business day after the Force Majeure Event occurs, Tenant's obligation to pay fixed annual rent hereunder shall be abated beginning on the eleventh (11th) business day after the Force Majeure Event occurs and shall end on the date the services Landlord is obligated to provide Tenant in accordance with Article 21 of this Lease are restored (Tenant shall continue to be obligated to pay fixed annual rent through the tenth (10th) business day after the Force Majeure Event occurs), provided further, however, that as soon as Tenant shall learn of the happening of the Force Majeure Event, Tenant shall promptly notify Landlord of such event and, if ascertainable, its estimated duration. Except as otherwise provided in this Article 32, this Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with to perform all of the other provisions covenants and agreements hereunder on the part of this Lease Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or to supply or is delayed in supplying any service expressly or implied impliedly to be supplied, supplied or is unable to make make, or is delayed in making any repair, additions, alterations or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if Landlord is so prevented or delayed from so doing by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedForce Majeure Event.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with perform all of the other provisions covenants and agreements hereunder on part of this Lease Tenant to be performed shall in no way manner be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or implied impliedly to be supplied, supplied or is unable to make make, or is delayed in making any repair, additions, alterations or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if Landlord is so prevented or delayed from so doing by reason of riot, strike, strike or labor troubles, war, act of God troubles or any other cause whatsoever beyond Landlord’s reasonable 's sole control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, agency or by reason of the conditions condition of supply and demand which have been or are affected by war or other emergency; provided. Notwithstanding any other provision of this lease, howeverin the event that substantially all of the Demised Premises shall become unusable or untenantable by Tenant due to the performance by Landlord of repairs, that additions, alterations, replacements, decorations or improvements or due to interruption of services provided by Landlord shall give written notice or Landlord's failure to provide access to the Demised Premises required to be provided to Tenant under this lease and not due to any act or omission of a claim of a force majeure delay within thirty Tenant or Tenant's employees, agents, contractors or licensees (30the "Affected Space"), which condition (an "Interruption Condition") days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable continue for a period in excess of five ten (510) consecutive Business Days as a result business days after Tenant shall have notified Landlord of a Landlord’s failure to furnishthe same, and Tenant shall not actually use or any interruptionoccupy the Affected Space during such period, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled be entitled to receive an abatement abatx xxx payment of Base Basic Annual Rent and/or and Additional Rent payable hereunder during with respect to the Affected Space to the extent not actually used or occupied by Tenant, if applicable, due under this lease for the period beginning commencing on the first eleventh (11th) business day after of the expiration existence of such fifth (5lh) Business Day period condition and ending on the day date which condition no longer exists. Tenant agrees that other than as specifically provided for in this paragraph, Tenant's sole remedy at law in connection with an interruption of services to or access to the service has been restored. If the entire Leased Demised Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedby way of an action for damages for breach of contract.

Inability to Perform. This Lease and Notwithstanding anything to the obligation contrary set forth herein, if for more than five (5) consecutive days as a result of (a) the making of (or failure to make) any repairs required to be made by Landlord hereunder; or (b) Landlord’s entry upon the Premises, or for more than thirty (30) days as a result of the lack of any services or utilities required to be provided by Landlord hereunder which lack is due to the general unavailability of such services or utilities as a result of causes beyond the reasonable control of Landlord, the Premises (or a material portion thereof such that it is not reasonably feasible for Tenant to pay Base Rent and/or Additional carry on its business in the balance of the Premises) is not reasonably useable by Tenant for conducting its business, then the Rent and other payments required charges payable hereunder and comply with all of shall be abated for the other provisions of this Lease shall in no way be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be supplied, or period that Tenant is unable to make or conduct its business in the Premises. Tenant shall provide Landlord with immediate telephonic notice (to be followed by written notice) when it believes that any of the events specified in the preceding sentence have occurred. In the event that a material portion of the Premises is delayed in making any repairrendered reasonably unsuitable for Tenant to conduct its business thereon for the reasons and for the time periods set forth above but Tenant is still able to conduct its business on the balance of the Premises, additions, alterations or decorations, or then the Rent and other charges payable hereunder shall be equitably abated for the period during which such portion of the Premises is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with unusable. If as a national emergency or by reason result of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason of the conditions causes specified in the first sentence of supply and demand which this Section 12, the Premises (or a material portion thereof such that it is not reasonably feasible for Tenant to carry on its business in the balance of the Premises) is not reasonably useable by Tenant for conducting its business for a period of ninety (90) days in the aggregate in any consecutive twelve (12) month period then Tenant shall have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay the right at any time within thirty (30) days after Landlord first becomes aware the end of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty such ninetieth (12090th) days, then in such event Tenant may day to terminate this Lease by written notice given to Landlord. Notwithstanding anything to the contrary contained in this Section 12, if Landlord within five is diligently pursuing the repair of any of the items specified in the first sentence of this Section 12 and Landlord provides a substitute service reasonably suitable for Tenant’s purposes, for example, bringing in portable air-conditioning equipment, such that the Premises are tenantable and access exists, then there shall not be any abatement of rent or other charges and such days shall not count towards the ninety (590) days specified above. The foregoing provisions for abatement of the expiration Rent and other charges and termination of said 120-day period. Notwithstanding the foregoing, if Lease shall be Tenant’s sole remedy for any of the Leased Premisesitems specified in the first sentence of this Section 12 and neither Landlord nor its agents shall have any liability to Tenant by reason of inconvenience or annoyance to Tenant or by reason of injury to or interruption of Tenant’s business, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days otherwise as a result of a Landlord’s failure to furnishsuch items. Tenant agrees that the provisions of this Lease shall supersedes any laws, or any interruptionstatutes, diminishment or termination of services due ordinances relating to the application condition of Lawsthe Premises or Tenant’s occupancy thereof and Tenant hereby waives and releases its right to terminate this Lease under any similar, statutes or ordinances now or hereafter in effect, except to the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedextent expressly provided herein.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required additional rent hereunder and comply with perform all of the other provisions covenants and agreements hereunder on the part of this Lease Tenant to be performed shall in no way nowise be affected, impaired or excused because Landlord is delayed in supplying unable to fulfill any service of its obligations under this Lease expressly or implied impliedly to be supplied, performed by Landlord or because Landlord is unable to make make, or is delayed in making any repairrepairs, additions, alterations alterations, improvements or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if Landlord is so prevented or delayed from so doing by reason of riot, strike, strikes or labor troubles, war, act of God troubles or by accident or by any other cause whatsoever reasonably beyond Landlord’s reasonable control not control, including mere lack of funds including, but not limited to, government laws, governmental preemption in connection with a national emergency National Emergency or by reason of any rule, order or regulation of any federal, state, county or municipal authority or any department or subdivision thereof of or any government agency, agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided. Notwithstanding anything to the contrary in this Lease, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of in the event that Tenant is unable to use the Premises for the conduct of force majeureits business due solely to (x) Landlord’s breach of an obligation under this Lease to make repairs or provide services or (y) any action or willful misconduct of Landlord, andand/or not as a result of casualty, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate Force Majeure or breach of this Lease by written notice given to Landlord within five Tenant, and (5i) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable such condition continues for a period in excess of five ten (510) consecutive Business Days as a result business days after the date of a Landlordnotice from Tenant to Landlord (the “Abatement Notice”) stating that Tenant’s failure inability to furnish, or any interruption, diminishment or termination of services use the Premises is due to such condition, (ii) Tenant does not actually use or occupy any portion of the application Premises for any purpose during such period, and (iii) such condition has not resulted from the negligence or misconduct of LawsTenant, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant Base Rent and Additional Rent shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during abated on a per diem basis for the period beginning commencing on the first eleventh (11th) consecutive business day after Tenant gives the expiration of such fifth (5lh) Business Day period Abatement Notice and ending on the day earlier of the service has been restored. If date on which (A) Tenant reoccupies any portion of the entire Leased Premises have not been rendered untenantable by the Service FailurePremises, the amount of abatement shall be equitably proratedor (B) such condition is substantially remedied.

Inability to Perform. This EXCULPATORY CLAUSE Except as provided in Article 4.1, 4.2, 8.8-10 and 15.6-18 hereof, this Lease and the obligation obligations of Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with perform all of the other covenants, agreements, terms, provisions and conditions hereunder on the part of this Lease Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is delayed in supplying any service expressly or implied impliedly to be supplied, supplied or is unable to make or is delayed in making any repairrepairs, replacement, additions, alterations alterations, improvements or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if Landlord is so prevented or delayed from so doing by reason of riot, strike, strikes or labor troubles, war, act of God troubles or any other similar or dissimilar cause whatsoever beyond Landlord’s 's reasonable control not control, including mere lack of funds including, but not limited to, government governmental preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, governmental agency or by reason of the conditions of supply and demand which have been or are affected by war war, hostilities or other similar or dissimilar emergency; provided. In each such instance of inability of Landlord to perform, however, that Landlord shall give written notice exercise reasonable diligence to eliminate the cause of such inability to perform. Except with respect to Tenant's obligations to pay rental and other sums due under this Lease, the obligations of Landlord to perform all the other covenants, agreements, terms, provisions and conditions hereunder on the part of Landlord to be performed shall in no way be affected, impaired or excused because Tenant is unable to fulfill any of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate its obligations under this Lease by written notice given or is unable to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoingsupply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make or is delayed in making any repairs, if the Leased Premisesreplacements, or a material portion of the Leased Premisesadditions, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairsalterations, improvements or alterations, utility interruptions (collectively a “Service Failure”) that decorations or is reasonably within the control unable to supply or is delayed in supplying any equipment of Landlord to correctfixtures if Tenant is prevented or delayed from so doing by reason of strikes or labor troubles or any other similar or dissimilar cause whatsoever beyond Tenant's reasonable control, including lack but not limited to, governmental preemption in connection with a national emergency or by reason of funds then any rule, order or regulation of any department or subdivision thereof of any governmental agency or by reason of the conditions of supply and demand which have been or are affected by war, hostilities or other similar or dissimilar emergency. In each such instance of inability of Tenant to perform, Tenant shall be entitled exercise reasonable diligence to receive an abatement of Base Rent and/or Additional Rent payable hereunder during eliminate the period beginning on the first day after the expiration cause of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedinability to perform.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Rent, Additional Rent and other payments required hereunder and comply with all of the other provisions of this Lease shall in no way be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty and eighty (120180) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120180-day period. EXECUTION COPY Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh5th) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.

Inability to Perform. 27. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with perform all of the other provisions covenants and agreements hereunder on part of this Lease Tenant to be performed shall in no way wise be affected, impaired or of excused because Landlord Owner is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or implied to be supplied, supplied or is unable to make in make, or is delayed in making any repair, additions, alterations or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or fixtures if Owner is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed from so doing by reason of riot, strike, strike or labor troubles, war, act of God troubles or any other cause whatsoever beyond Landlord’s reasonable Owner's sole control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency National Emergency or by reason of any rule, order or regulation 8 of any department or subdivision thereof of any government agency, agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided. BILLS AND NOTICES: 28. (See Article 57) WATER CHARGES: 29. If Tenant requires, however, that Landlord uses or consumes water for any purpose in addition to ordinary purposes (of which fact Tenant constitutes Owner to be the sole judge) Owner may install a water meter and thereby measure Tenant's water consumption for all purposes. Tenant shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware pay owner for the cost of the occurrence meter and the cost of the event installation, thereof and throughout the duration of force majeureTenaxx'x xccupancy Tenant shall keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense in default of which Owner may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant, andas additional rent. Tenant agrees to pay for water consumed, providedas shown on said meter as and when bills are rendered, furtherand on default in making such payment Owner may pay such charges and collect the same from Tenant, that if as additional rent. Tenant covenants and agrees to pay, as additional rent, the force majeure delay shall exceed one hundred twenty (120) dayssewer rent, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoingcharge or any other tax, if the Leased Premisesrent, levy or charge which now or hereafter is assessed, imposed or a material portion lien upon the demised premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with the Leased Premisesuse, are made untenantable for a period in excess consumption, maintenance or supply of five (5) consecutive Business Days as a result water, water system or sewage or sewage connection of a Landlord’s failure to furnish, system. If the building or the demised premises or any interruption, diminishment or termination of services due part thereof is supplied with water through a meter through which water is also supplied to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then other premises Tenant shall be entitled pay to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning Owner, as addition rely, on the first day after of each month, (1) of the expiration total meter charges as Tenaxx'x xortion. Independently of such fifth (5lh) Business Day period and ending on in addition to any of the day remedies reserved to Owner hereinabove of an in addition to any of the service has been restored. If remedies reserved to Owner hereinabove or elsewhere in this lease, Owner may sue for and collect any monies to be paid by Tenaxx xx paid by Owner for any of the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedreason or purposes hereinbefore set forth.

Inability to Perform. This Lease and Except as expressly provided in this Lease, the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with perform all of the other provisions covenants and agreements hereunder on the part of this Lease shall in no way Tenant to be performed, and the obligation of Landlord to perform all of the covenants and agreements hereunder on the part of Landlord to be performed, will not be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be suppliedTenant, or as the case may be, is unable to make fulfill any of its obligations under this Lease expressly or impliedly to be performed by Landlord or Tenant, as the case may be, or because Landlord or Tenant, as the case may be, is unable to make, or is delayed in making any repairrepairs, additions, alterations alterations, improvements or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, unless Landlord or Tenant, as the case may be, is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed from so doing by reason of riot, strike, labor troubles, war, act of God Force Majeure or any other cause whatsoever beyond Landlorddelays resulting from Mortgagee’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason Superior Lessor’s requirements to grant consent (all of the conditions of supply and demand which have been or are affected by war or other emergencyforegoing, collectively, “Unavoidable Delays”); provided, however, that in no event shall such party’s financial inability to perform be an Unavoidable Delay. Notwithstanding anything to the contrary set forth herein, Tenant’s obligation to pay Rent hereunder shall not be affected hereby unless specifically provided for in this Lease. Landlord and Tenant each shall give written notice to Tenant notify the other as promptly as is reasonably practicable after learning of a claim any Unavoidable Delays which prevent such party from fulfilling any of a force majeure delay within thirty (30) days its obligations under this Lease, and after Landlord first becomes aware such initial notification promptly after request of the occurrence other party, Landlord or Tenant (as the case may be) shall notify the other party of the status of such delay. Each party shall use all commercially reasonable efforts to mitigate the delay caused by any event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due Unavoidable Delays to the application extent reasonably commercially practicable, but without the necessity of Laws, employing overtime labor unless such party elects to do so within its sole discretion or unless the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord other party elects to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of pay for such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedovertime labor.

Inability to Perform. This Lease and Except as expressly provided in this Lease, the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with perform all of the other provisions covenants and agreements hereunder on the part of this Lease shall in no way Tenant to be performed, and the obligation of Landlord to perform all of the covenants and agreements hereunder on the part of Landlord to be performed, will not be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be suppliedTenant, or as the case may be, is unable to make fulfill any of its obligations under this Lease expressly or impliedly to be performed by Landlord or Tenant, as the case may be, or because Landlord or Tenant, as the case may be, is unable to make, or is delayed in making any repairrepairs, additions, alterations alterations, improvements or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, unless Landlord or Tenant, as the case may be, is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed from so doing by reason of riot, strike, labor troubles, war, act of God Force Majeure or any other cause whatsoever beyond Landlorddelays resulting from Mortgagee’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason Superior Lessor’s requirements to grant consent (all of the conditions of supply and demand which have been or are affected by war or other emergencyforegoing, collectively, “Unavoidable Delays”); provided, however, that in no event shall such party’s financial inability to perform be an Unavoidable Delay. Notwithstanding anything to the contrary set forth herein, Tenant’s obligation to pay Fixed Rent and Additional Rent hereunder shall not be affected hereby unless specifically provided for in this Lease. Landlord and Tenant each shall give written notice to Tenant notify the other as promptly as is reasonably practicable after learning of a claim any Unavoidable Delays which prevents such party from fulfilling any of a force majeure delay within thirty (30) days its obligations under this Lease, and after Landlord first becomes aware such initial notification promptly after request of the occurrence other party, Landlord or Tenant (as the case may be) shall notify the other party of the status of such delay. Each party shall use all commercially reasonable efforts to mitigate the delay caused by any event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due Unavoidable Delays to the application extent reasonably commercially practicable, but without the necessity of Laws, employing overtime labor unless such party elects to do so within its sole discretion or unless the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord other party elects to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of pay for such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedovertime labor.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all of the other provisions of this Lease shall in no way be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or delayed by reason of riot, strike, labor troubles, war, act of God or any other cause whatsoever beyond Landlord’s 's reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh5th) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.

Inability to Perform. This Lease and If the obligation performance or observance by Landlord or Tenant of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all any of the other provisions terms, covenants and conditions of this Lease shall in no way be affected, impaired on the part of Landlord or excused because Landlord is delayed in supplying any service expressly or implied Tenant to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or performed shall be delayed by reason of riotunavoidable delays (as hereinafter defined), strikethen the time for the performance or observance thereof shall be extended for the period of time as Landlord or Tenant shall have been so delayed, labor troublesprovided Tenant shall continue, warnotwithstanding unavoidable delays, act to be obligated to pay minimum rent and additional rent without abatement. Notwithstanding anything to the contrary contained in this Lease, if Landlord shall fail to provide services or perform work or repairs, as provided in this Lease (collectively, an "Interruption"), and such Interruption shall materially impair the customary operation of God Tenant's business in all or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason part of the conditions of supply Demised Premises (other than a de minimis part), and demand which have been or are affected by war or other emergency; provided, however, that Landlord if (i) such Interruption shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable continue for a period in excess of five thirty (530) consecutive Business Days days following receipt by Landlord of notice from Tenant describing such Interruption and (ii) such Interruption shall not have been caused by an act or omission in violation of this Lease by or the negligence of Tenant, or of Tenant agents, servants, employees or contractors (an Interruption that satisfied all of the foregoing conditions being referred to hereinafter as a result of a Landlord’s failure to furnish"Material Interruption"), or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent the minimum rent and escalation rent payable hereunder during under Article 22 (such abatement to be prorated if only a part of the period beginning Demised Premises shall be so affected by such Material Interruption),which shall begin on the first 31/st/ consecutive day after the expiration of such fifth (5lh) Business Day period Material Interruption and ending on shall end upon the day the service date such Material Interruption has been restoredterminated. If The words "unavoidable delays", as used in this Lease shall mean (a) the entire Leased Premises have not been rendered untenantable enactment of any law or issuance of any governmental order, rule or regulation (i) prohibiting or restricting performance of work of the character required to be performed by Landlord under this Lease, or (ii) establishing rationing or priorities in the Service Failureuse of materials, or (iii) restricting the amount use of abatement shall be equitably proratedlabor, and (b) strikes, lockouts, acts of God, inability to obtain labor or materials, enemy action, civil commotion, fire, unavoidable casualty or other similar types of causes beyond the reasonable control of Landlord, other than financial inability.

Inability to Perform. This Lease and If the obligation performance or observance by Landlord or Tenant of Tenant to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all any of the other provisions terms, covenants and conditions of this Lease shall in no way be affected, impaired on the part of Landlord or excused because Landlord is delayed in supplying any service expressly or implied Tenant to be supplied, or is unable to make or is delayed in making any repair, additions, alterations or decorations, or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if Landlord is so prevented or performed shall be delayed by reason of riotunavoidable delays (as hereinafter defined), strikethen the time for the performance or observance thereof shall be extended for the period of time as Landlord or Tenant shall have been so delayed, labor troublesprovided Tenant shall continue, warnotwithstanding unavoidable delays, act to be obligated to pay minimum rent and additional rent without abatement. Notwithstanding anything to the contrary contained in this Lease, if Landlord shall fail to provide services or perform work or repairs, as provided in this Lease (collectively, an "Interruption"), and such Interruption shall materially impair the customary operation of God Tenant's business in all or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, or by reason part of the conditions of supply Demised Premises (other than a de minimis part), and demand which have been or are affected by war or other emergency; provided, however, that Landlord if (i) such Interruption shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable continue for a period in excess of five thirty (530) consecutive Business Days days following receipt by Landlord of notice from Tenant describing such Interruption and (ii) such Interruption shall not have been caused by an act or omission in violation of this Lease by or the negligence of Tenant, or of Tenant agents, servants, employees or contractors (an Interruption that satisfied all of the foregoing conditions being referred to hereinafter as a result of a Landlord’s failure to furnish"Material Interruption"), or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent the minimum rent and escalation rent payable hereunder during under Article 22 (such abatement to be prorated if only a part of the period beginning Demised Premises shall be so affected by such Material Interruption),which shall begin on the first 31st consecutive day after the expiration of such fifth (5lh) Business Day period Material Interruption and ending on shall end upon the day the service date such Material Interruption has been restoredterminated. If The words "unavoidable delays", as used in this Lease shall mean (a) the entire Leased Premises have not been rendered untenantable enactment of any law or issuance of any governmental order, rule or regulation (i) prohibiting or restricting performance of work of the character required to be performed by Landlord under this Lease, or (ii) establishing rationing or priorities in the Service Failureuse of materials, or (iii) restricting the amount use of abatement shall be equitably proratedlabor, and (b) strikes, lockouts, acts of God, inability to obtain labor or materials, enemy action, civil commotion, fire, unavoidable casualty or other similar types of causes beyond the reasonable control of Landlord, other than financial inability.

Inability to Perform. This Section 26.01. If, by reason of strikes or other labor disputes, fire or other casualty (or reasonable delays in adjustment of insurance), accidents, any Legal Requirements, any orders of any Governmental Authority or any other cause beyond Owner's reasonable control (excluding inability to pay), whether or not such other cause shall be similar in nature to those hereinbefore enumerated (and any such cause is herein referred to individually and collectively as a "Force Majeure Event"), Owner is unable to furnish or is delayed in furnishing any utility or service required to be furnished by Owner under the provisions of Article 29, Addendum A or any other Article of this Lease and or any collateral instrument (with the exception of any obligation of Tenant on Owner's part to pay Base Rent and/or Additional Rent and other payments required hereunder and comply with all any sum of money, which monetary obligation shall remain unaffected by the other provisions of this Lease shall in no way be affected, impaired or excused because Landlord is delayed in supplying any service expressly or implied to be suppliedSection), or is unable to perform or make or is delayed in performing or making any repairinstallations, additions, alterations or decorations, repairs, alterations, additions or is unable improvements, whether or not required to supply be performed or is delayed in supplying made under this Lease or under any equipment or fixturescollateral instrument, or is unable to fulfill or is delayed in fulfilling any of Owner's other obligation hereunderobligations under this Lease or any collateral instrument, if Landlord is so prevented no such inability or delayed delay shall constitute an actual or constructive eviction, in whole or in part, or, except as otherwise specifically provided in this Lease, entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of riotinconvenience or annoyance to Tenant, strikeor injury to or interruption of Tenant's business, or otherwise. Owner shall employ reasonable diligence to attempt to eliminate the cause of any inability or delay referred to in this Section; however, it is understood and agreed that (i) the foregoing provisions of this sentence shall not apply in the event of any strike or labor troublesdispute as long as Owner shall have taken all actions that owners of other class A headquarters office buildings in midtown Manhattan would take in similar situations to eliminate the cause of such inability or delay, war, act of God and (ii) Owner shall not be required to employ labor at overtime or any other cause whatsoever beyond Landlord’s reasonable control not including mere lack premium pay rates (unless otherwise specifically required to do so elsewhere in this Lease), except that Owner shall employ labor at such overtime or other premium pay rates in cases where there is, or there is reasonably likely to be, a material 109 interference with the conduct of funds including, but not limited to, government preemption in connection with a national emergency Tenant's normal business operations or by reason the health or safety of any rule, order or regulation occupants of any department or subdivision thereof of any government agencythe Demised Premises is, or by reason of the conditions of supply and demand which have been or are affected by war or other emergency; provided, however, that Landlord shall give written notice to Tenant of a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware of the occurrence of the event of force majeure, and, provided, further, that if the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days of the expiration of said 120-day period. Notwithstanding the foregoing, if the Leased Premises, or a material portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord likely to correctbe, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedadversely affected.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with perform all of the other provisions covenants and agreements hereunder on part of this Lease Tenant to be performed shall in no way wise be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or implied impliedly to be supplied, supplied or is unable to make make, or is delayed in making any repair, additions, alterations or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if Landlord is so prevented or delayed from so doing by reason of riot, strike, strike or labor troubles, war, act of God troubles or any other cause whatsoever beyond Landlord’s 's reasonable control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, agency or by reason of the conditions condition of supply and demand which have been or are affected by war or other emergency; provided. Notwithstanding anything contained in this Lease to the contrary, howeverif due to any work or installation performed by Landlord under the Lease or otherwise or failure by Landlord to perform its obligations under the Lease, that Landlord (i) Tenant shall give written notice be unable for at least ten (10) consecutive days to Tenant operate its business in the Demised Premises in substantially the same manner as such business was operated prior to the performance of such work or installation or such failure, and (ii) such interruption shall occur during business hours, then, the Fixed Rent and the Additional Rent shall be reduced on a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware per diem basis in the proportion in which the area of the occurrence part of the event of force majeure, and, provided, further, that if Demised Premises which is unusable bears to the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days total area of the expiration of said 120-Demised Premises for each day period. Notwithstanding subsequent to the foregoing, if the Leased Premises, or a material aforesaid ten (10) consecutive day period that such portion of the Leased Premises, are made Demised Premises remains untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant shall be entitled to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably proratedinaccessible.

Inability to Perform. This Lease and the obligation of Tenant to pay Base Rent and/or Additional Rent and other payments required rent hereunder and comply with perform all of the other provisions covenants and agreements hereunder on part of this Lease Tenant to be performed shall in no way manner be affectedaffected impaired, impaired or excused because Landlord is unable to fulfill any of its obligations under this lease or to supply or is delayed in supplying any service expressly or implied impliedly to be supplied, supplied or is unable to make make, or is delayed in making any repair, additions, alterations or decorations, decorations or is unable to supply or is delayed in supplying any equipment or fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, fixtures if Landlord is so prevented or delayed from so doing by reason of riot, strike, strike or labor troubles, war, act of God troubles or any other cause whatsoever beyond Landlord’s reasonable 's sole control not including mere lack of funds including, but not limited to, government preemption in connection with a national emergency National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency, agency or by reason of the conditions condition of supply and demand which have been or are affected by war or other emergency; provided. Notwithstanding anything contained in this Lease to the contrary, howeverif due to any work or installation performed by Landlord under the Lease or failure by Landlord to perform its obligations under the Lease, that Tenant shall be unable for at least ten (10) consecutive business days to operate its business in the Demised Premises in substantially the same manner as such business was operated prior to the performance of such work or installation or such failure and Tenant notifies Landlord of such interruption, the Fixed Rent and the Additional Rent shall give written notice to Tenant of be reduced on a claim of a force majeure delay within thirty (30) days after Landlord first becomes aware per diem basis in the proportion in which the area of the occurrence part of the event of force majeure, and, provided, further, that if Demised Premises which is unusable bears to the force majeure delay shall exceed one hundred twenty (120) days, then in such event Tenant may terminate this Lease by written notice given to Landlord within five (5) days total area of the expiration Demised Premises for each day subsequent to the day Tenant notifies Landlord of said 120-the aforesaid ten (10) consecutive business day period. Notwithstanding the foregoing, if the Leased Premises, or a material period that such portion of the Leased Premises, are made untenantable for a period in excess of five (5) consecutive Business Days as a result of a Landlord’s failure to furnish, or any interruption, diminishment or termination of services due Demised Premises remains unusable. Notwithstanding anything to the application contrary contained herein, if Landlord is delayed or prevented from performing any of Lawsits obligations hereunder by reason of force majeure (as said term is hereinafter defined), the failure period of any equipment, the performance such delay or of maintenance, repairs, improvements or alterations, utility interruptions (collectively a “Service Failure”) that is reasonably within the control of Landlord to correct, including lack of funds then Tenant such prevention shall be entitled added to receive an abatement of Base Rent and/or Additional Rent payable hereunder during the period beginning on the first day after the expiration of such fifth (5lh) Business Day period and ending on the day the service has been restored. If the entire Leased Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.time herein provided within