NON-PERFORMANCE BY LANDLORD. This Lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord’s inability to supply any service or material called for herein, by reason of any rule, order, regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or for any cause beyond the control of the Landlord.
NON-PERFORMANCE BY LANDLORD. Whenever the Landlord is unable to fulfill any obligation hereunder in respect of the provision of any service, utility, work or repairs by reason of being unable to obtain the materials, goods, equipment, service utility or labour required to enable it to fulfill such obligation or by reason of any law or regulation or by reason of any other cause beyond its reasonable control, the Landlord will be entitled to extend the time for fulfillment of such obligation by a time equal to the duration of the delay or restriction. The Tenant will not be entitled to any compensation for any inconvenience, nuisance or discomfort thereby occasioned, or to cancel this Lease.
NON-PERFORMANCE BY LANDLORD. This Lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord's inability to supply any service or material called for herein, by reason of any act of God, riot, civil commotion, strikes, lock-out, acts, orders or regulations of governmental authority, acts or failure to act of the other party, fire, tornado, windstorm, adverse weather conditions, rule, order, regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or for any cause beyond the control of Landlord.
NON-PERFORMANCE BY LANDLORD. This lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord’s inability to supply any service, by reason of any rule, order regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or, for any cause beyond the control of the Landlord. This paragraph does not apply to Tenant’s remedies following any interruption of utility services provided in Paragraph 17 and Tenant’s remedies for Landlord’s failure to make construction deadlines set forth in Paragraph 2.
NON-PERFORMANCE BY LANDLORD a) In the event of any claim by Tenant that Landlord has defaulted under this Lease, Tenant shall, prior to taking any action, deliver a notice to Landlord, specifying the nature of such default, and thereafter Landlord shall have fifteen (15) days, or such longer period as may be reasonable, provided that Landlord has commenced such cure within fifteen (15) days and diligently pursues same to completion, to cure any such default for which Landlord is liable.
NON-PERFORMANCE BY LANDLORD. Whenever the Landlord is unable to fulfil any obligation hereunder in respect of the provision of any service, utility, work or repair by reason of being unable to obtain the materials, goods, equipment, service, utility or labour required to enable it to fulfil such obligation or by reason of any law or regulation or by reason of any other cause beyond its reasonable control, the Landlord will be entitled to extend the time for fulfilment of such obligation by a time equal to the duration of the delay or restriction. The Tenant will not be entitled to any compensation for any inconvenience, nuisance or discomfort thereby occasioned or to cancel this Lease, and no such interruption will be deemed to be a disturbance of the Tenant’s enjoyment of the Premises. The Landlord, in the event of such interruption, will proceed to overcome same with all reasonable diligence.
NON-PERFORMANCE BY LANDLORD. 24 ARTICLE XXIV NOTICE ............................................ 25 ARTICLE
NON-PERFORMANCE BY LANDLORD. 23.01. If the Landlord shall fail or refuse to comply with and perform any condition or covenant of the Lease and should such failure continue for more than twenty-one (21) days after receipt of notice by the Landlord or a shorter period of time in case of emergency, the Tenant may comply with and perform any such condition or covenant without prejudice to its claim against the Landlord. Notwithstanding the foregoing, the Landlord shall not be deemed in default if the Landlord commences diligently to pursue performance of any condition or covenant within the twenty-one (21) day period following notice which cannot be completed within the said twenty-one (21) day period. Tenant shall have the right to deduct the reasonable costs incurred in complying from any rental payments that might be due to Landlord by Tenant, except if the cost was incurred without notice to Landlord in which event Tenant shall not be permitted to deduct from the rental payments unless approved by the Landlord.
NON-PERFORMANCE BY LANDLORD. (a) In the event of any claim by Tenant that Landlord has defaulted under this Lease, Tenant shall, prior to taking any action, deliver a notice to Landlord, specifying the nature of such default, and thereafter Landlord shall have thirty (30) days, or such longer period as may be reasonable, not to exceed an additional sixty (60) days, to cure any such default for which Landlord is liable. At Landlord's request and provided Landlord has provided Tenant with an address therefor, Tenant shall simultaneously deliver any such notice of default, in the manner provided in paragraph 37., to any holder of a mortgage or ground lease affecting the Building or the land thereunder. Such mortgagee or lessor shall have the right (but not the obligation) to cure such default during the period that is permitted to Landlord hereunder, plus an additional thirty (30) days, and Tenant will accept such cure (if any) with the same effect as if such action had been taken by Landlord.
NON-PERFORMANCE BY LANDLORD. Landlord shall not be liable for any damage or injury which may be sustained by Tenant or any other person, as a consequence of the failure, breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air-conditioning or heating systems., elevators or hoisting equipment without the negligence of Landlord; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other Tenant or this Tenant or any other tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or attributable to any interference with, interruption of or failure, beyond the control of Landlord, after the exercise of due diligence, of any services to be furnished or supplied by Landlord.
