Common use of Unavoidable Delays Clause in Contracts

Unavoidable Delays. a. If, as a result of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant or any other tenant or other conditions beyond the control of Landlord, whether prior to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixed.

Unavoidable Delays. a. (a) If, as a result of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes thereforetherefor, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant the other party hereto or any other tenant or other conditions beyond the control of Landlorda party, whether prior to or during the Term, Landlord either party hereto shall fail punctually to perform any lease obligationobligation (other than the payment of Rental), then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition▇▇▇. The failure of Landlord a party to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant the other party hereunder. b. (b) No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land lands or appliances, whether or not the same shall be owned by Landlord. In respect to the various "utility services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment of such utility service, when such interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such utility service or to some other cause, not gross other than the negligence on the part or willful misconduct of the Landlord. No such interruption or curtailment of any such "service" utility service nor any nonperformance non-performance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as so above fixed. Notwithstanding the foregoing, in the event utility services are interrupted or curtailed due to the negligence of Landlord, Tenant shall be entitled to ▇▇▇▇▇ Rental for each day that Tenant is unable to use the Premises due to such interruption or curtailment of utility services.

Unavoidable Delays. a. If‌ Whenever and to the extent that either the Landlord or the Tenant is unable to fulfill, or is delayed or restricted in the fulfilment of, any obligation hereunder in respect of the supply or provision of any service or utility or the doing of any work or the making of any repairs, by reason of being unable to obtain the material, goods, equipment, service, utility or labour required to enable it to fulfill such obligation, or by reason of any statute, law, by law or order in council or any regulation or order passed or made pursuant thereto, or by reason of the order or direction of any legislative, administrative or judicial body, controller or board, or any governmental department or any governmental officer or other authority having jurisdiction, or by reason of its inability to procure any licence or permit required therefor, or by reason of not being able to obtain any permission or authority required therefor, or by reason of Health Emergency (as a result defined herein), or by reason of any strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire slow-downs or other casualty, acts or failure to act by Tenant or any other tenant or other conditions beyond the control combined action of Landlord, whether prior to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution or abatement of rentworkmen, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making shortages of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rentmaterial, or any other compensationcause beyond its control, for interruption other than any insolvency, lack of funds or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance other financial cause of such service or to some other cause, not gross negligence on the part delay (each of the Landlord. No such interruption foregoing being an incident of “Unavoidable Delay”), the Landlord or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraphthe Tenant, as the case may be, shall be temporarily relieved from the fulfilment of such obligation for so long as such cause continues provided always that (except as may be expressly provided in this Lease) the Tenant shall not be entitled to any compensation for any inconvenience, or nuisance or discomfort thereby occasioned, or to cancel or terminate this Lease or to any deferral or abatement of Rent. For the avoidance of doubt, the Landlord shall not be in breach of quiet enjoyment pursuant to Section 2.2 of this Lease and shall be deemed to be operating the Development in accordance with its obligations under this Lease if the Landlord determines, at any time and from time to time, in its sole and unfettered discretion, that it is in the best interests of the Development to shut down any part or all of the Development based upon the recommendations of its consultants or the governmental authorities. Whether or not such a constructive evictionshutdown is an Unavoidable Delay event pursuant to this Section 13.1 of this Lease, nor Tenant shall there be any continue to pay Rent without deduction, abatement or diminution of rent because of making of repairsset-off, improvements or decorations in accordance with this Lease. Notwithstanding anything to the contrary herein contained, the Landlord shall also be excused from the performance of any term, covenant or act required hereunder if the performance of such item would be in conflict with any directive, or policy of any governmental authority or quasi- governmental authority having jurisdiction over the Premises after the date above fixed for the commencement in respect of the Termany energy, it being understood that the Rental shall in any eventconservation, commence to run at such date as above fixedhealth, safety or security matter.

Unavoidable Delays. a. IfThe time for the performance of ▇▇▇▇▇▇'s obligations relative to the construction, restoration, repair, operation and maintenance of the Improvements as provided for in this Lease shall be extended for the period that such performance is due to an Unavoidable Delay. The term "Unavoidable Delay" shall mean all failures or delays in a party's performance of its obligations hereunder not within such party's reasonable control, including without limitation, the impossibility of such performance which shall result from or be caused by any arbitration, legal proceedings or other litigation threatened, instituted against or defended by such party, in good faith, and not merely for purposes of delay, act of God, acts of the public enemy, wars, blockades, epidemics, earthquakes, storms, floods, explosions, strikes, lockouts, labor disputes, work stoppages, riots, insurrections, breakage or accident to machines or lines or pipe or mains, lawful acts of any governmental agency or authority restricting or curtailing the construction of the Improvements or withholding or revoking necessary consents, approvals, permits or licenses, including without limitation, the Approvals, equipment failures, inability to procure and obtain labor, needed building materials or (provided such party who is unable to do so makes reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure efforts to act by Tenant or any other tenant or other conditions beyond the control of Landlord, procure satisfactory substitute materials if practical) whether prior to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result (directly or indirectly) of any lawful order, law or decree of any governmental authority or agency or otherwise, and any other cause whether of the kind herein referred to or otherwise; provided, that such condition, party shall be unable to exercise any right pursue with reasonable diligence the avoidance or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration removal of such conditiondelay. The failure inability or refusal of Landlord a party to settle any labor dispute shall not qualify or limit the effect of Unavoidable Delay. The inability of a party to secure funds required to perform any lease obligation for the reasons set forth herein its agreements hereunder shall not affect, curtail, impair or excuse this lease or constitute Unavoidable Delay. A party claiming the obligations benefit of Tenant hereunder. b. No diminution or abatement of rent, or an Unavoidable Delay must notify the other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement party within ten (10) days of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for date the maintenance of such service or to some other cause, not gross negligence on the part claiming party becomes aware of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement existence of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixedUnavoidable Delay.

Unavoidable Delays. a. If, as a result of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant or any other tenant or other conditions beyond the control of Landlord, whether prior to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇▇▇▇▇. ▇▇ In the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixed.

Unavoidable Delays. a. If, as a result of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant either party or any other tenant or other conditions beyond the control of Landlordeither party, whether prior to or during the Term, Landlord either party shall fail punctually to perform any lease Lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇▇▇▇▇. ▇▇ In the event that Landlord, either party as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this leaseLease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord either party to perform any lease Lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease Lease or the obligations of Tenant either party hereunder. Nothing contained herein shall excuse Tenant's failure to pay Rent or any other sums due hereunder. b. No Except as otherwise specifically provided in this Lease, no diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service "service" or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph subsection (a) of this ParagraphSection, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixed.

Unavoidable Delays. a. IfWhenever and to the extent that either the Landlord or the Tenant is unable to fulfill, or is delayed or restricted in the fulfilment of, any obligation hereunder in respect of the supply or provision of any service or utility or the doing of any work or the making of any repairs, by reason of being unable to obtain the material, goods, equipment, service, utility or labour required to enable it to fulfill such obligation, or by reason of any statute, law, by law or order in council or any regulation or order passed or made pursuant thereto, or by reason of the order or direction of any legislative, administrative or judicial body, controller or board, or any governmental department or any governmental officer or other authority having jurisdiction, or by reason of its inability to procure any licence or permit required therefor, or by reason of not being able to obtain any permission or authority required therefor, or by reason of Health Emergency (as a result defined herein), or by reason of any strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire slow-downs or other casualty, acts or failure to act by Tenant or any other tenant or other conditions beyond the control combined action of Landlord, whether prior to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution or abatement of rentworkmen, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making shortages of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rentmaterial, or any other compensationcause beyond its control, for interruption other than any insolvency, lack of funds or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance other financial cause of such service or to some other cause, not gross negligence on the part delay (each of the Landlord. No such interruption foregoing being an incident of “Unavoidable Delay”), the Landlord or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraphthe Tenant, as the case may be, shall be temporarily relieved from the fulfilment of such obligation for so long as such cause continues provided always that (except as may be expressly provided in this Lease) the Tenant shall not be entitled to any compensation for any inconvenience, or nuisance or discomfort thereby occasioned, or to cancel or terminate this Lease or to any deferral or abatement of Rent. For the avoidance of doubt, the Landlord shall not be in breach of quiet enjoyment pursuant to Section 2.2 of this Lease and shall be deemed to be operating the Development in accordance with its obligations under this Lease if the Landlord determines, at any time and from time to time, in its sole and unfettered discretion, that it is in the best interests of the Development to shut down any part or all of the Development based upon the recommendations of its consultants or the governmental authorities. Whether or not such a constructive evictionshutdown is an Unavoidable Delay event pursuant to this Section 13.1 of this Lease, nor Tenant shall there be any continue to pay Rent without deduction, abatement or diminution of rent because of making of repairsset-off, improvements or decorations in accordance with this Lease. Notwithstanding anything to the contrary herein contained, the Landlord shall also be excused from the performance of any term, covenant or act required hereunder if the performance of such item would be in conflict with any directive, or policy of any governmental authority or quasi- governmental authority having jurisdiction over the Premises after the date above fixed for the commencement in respect of the Termany energy, it being understood that the Rental shall in any eventconservation, commence to run at such date as above fixedhealth, safety or security matter.

Unavoidable Delays. a. IfThe provisions of this Article 11 shall be applicable if there shall occur during the Term of this Agreement any (i) strike(s), as a result of strikeslockout(s) or labor dispute(s), lockouts, labor disputes, (ii) inability to obtain laborlabor or materials, materials or reasonable substitutes thereforetherefor, (iii) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or (iv) delay attributable to the failure to act by Tenant obtain any Construction Permit, Operating Permit or any other tenant Approval of any Governmental Authority for reasons that are not the fault of or beyond the reasonable control of the party obligated, or (v) other conditions similar to those enumerated in this Article 11 beyond the reasonable control of Landlordthe party obligated to perform (collectively referred to as "Unavoidable Delay"). If Manager or Owner shall, whether prior to or during as the Term, Landlord shall result of any Unavoidable Delay fail punctually to perform any lease obligationobligation on its part under this Agreement, then and in any then, upon written notice to the other within five (5) Business Days of such eventsevent, such obligation failure shall be punctually performed as soon as practicable after excused and not be a breach of this Agreement by the party claiming an Unavoidable Delay, but only to the extent occasioned by such condition shall abat▇event. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise If any right or option of either party to take any action under or with respect to the Term of this Agreement is conditioned upon the same being exercised within any prescribed period of time limit provided in this leaseor at or before a named date, then such prescribed period of time limit or such named date shall be deemed to be extended or delayed, as the case may be, upon written notice, as provided above, for a period time equal to the duration period of such conditionthe Unavoidable Delay. The failure Notwithstanding anything contained herein to the contrary, the provisions of Landlord this Article 11 shall not be applicable to perform the time periods for satisfying Manager's or Owner's obligation to make any lease obligation for payments to the reasons other pursuant to the terms of this Agreement nor shall this Article operate to extend any time period set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunderin Article 8. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixed.

Unavoidable Delays. a. If, The City shall be excused from performing any of its obligations or undertakings provided in this Agreement and the Construction Trust Account(except any of its obligations to pay any sums of money under the applicable provisions hereof) to the extent that and only for so long as a result the performance of strikes, lockouts, labor disputes, inability to obtain labor, materials such obligation is prevented or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act delayed by Tenant or any other tenant or other conditions cause which is beyond the control of Landlordthe City, including but not limited to the following: Act of God; fire; earthquake; flood; explosion; action of the elements; war; riot; sabotage; malicious mischief; acts of terrorism; inability to procure, because of general shortage or rationing or regulation of, labor, equipment, facilities, sources of energy (including, without limitation, electricity, gas, or gasoline), materials or supplies in the open market; failure of transportation; strikes; lockouts; action of labor unions; condemnation; requisition; order of government or civil or military or naval authorities; bankruptcy proceedings; litigation involving a party or others relating to zoning matters; other governmental action or inaction pertaining to the Project or Stadium; inability to obtain government permits or approvals; or any other cause, whether prior similar or dissimilar to or during the Termforegoing, Landlord not within the control of the City. To be entitled to relief under this Section by reason of any event the City shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed notify the Authority as soon as practicable after the City becomes aware of a possible Unavoidable Delay. Further, the City shall give the Authority notice of such condition shall abat▇. ▇▇ event and the nature of such event within a reasonable time and in any event no later than thirty (30) days following the City’s obtaining actual knowledge of the occurrence of such event and that Landlord, an Unavoidable Delay will ensue as a result of such event. Any delay or cause excusing performance pursuant to the terms of this Section of this Agreement is referred to herein as an “Unavoidable Delay.” An extension of time for any such condition, Unavoidable Delay shall be unable only for the period of the Unavoidable Delay, which period shall commence to exercise run from the time of commencement of the Unavoidable Delay, provided the City exerts diligent efforts to resolve the delay, and any right or option within any time limit provided deadlines for performance set forth in this lease, such time limit Agreement affected by the Unavoidable Delay shall be deemed extended for a period equal to of time commensurate with the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixed.Unavoidable Delay

Unavoidable Delays. a. (a) If, as a result of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes thereforetherefor, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant or any other tenant either party or other conditions beyond the control of LandlordLandlord and/or Overlandlord, whether prior to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇▇▇▇▇. ▇▇ the event that If Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder, including but not limited to, the obligation of Tenant to pay Rental. b. (b) No diminution or abatement of rentRental, or any other form of compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliancesPremises, or arising from the construction of or repairs or improvements to, other buildings, structures, land lands or appliances, whether or not the same shall be owned by Landlord and/or Overlandlord. With respect to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rentRental, or any other form of compensation, for interruption or curtailment of such "service", when such interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service "service" or to some any other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of any such "service" nor any nonperformance non-performance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent Rental, or any other form of compensation, because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the TermCommencement Date, it being understood that the Rental shall Rental, in any event, shall commence to run at such date as so above fixed.

Unavoidable Delays. a. If, as a result of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes thereforetherefor, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant or any other tenant either party or other conditions beyond the control of Landlordthe obligated party, whether prior to or during the Term, Landlord either party shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇abate. ▇▇ the event that LandlordIf either party, as a result of resu▇▇ ▇▇ any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The Except as otherwise specifically provided in this lease, the failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution , including but not limited to, the obligations of Tenant to pay Rental. It is expressly agreed that the provisions of this subparagraph shall not apply to the obligation of Landlord to rebuild or abatement restore pursuant to Paragraph 9 or 13 of rentthis lease to which Completion Force Majeure shall apply, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building covenant of Quiet Enjoyment as set forth in Paragraph 32 of this lease, or to its appliances, or arising from the construction obligation of or repairs or improvements to, other buildings, structures, land or appliances, Tenant to make Rental payments in accordance with the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlordprovisions hereof. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) For purposes of this Paragraphlease, Completion Force Majeure shall be deemed a constructive eviction, nor shall there be any abatement to mean delay actually caused by damage or diminution destruction of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Termresulting from any act, it being understood that the Rental shall in any occurrence, event, commence disaster or happening, due to run at such date as above fixednatural causes and/or due to acts of man beyond the reasonable control, knowledge or expectation of Landlord and its contractor.

Unavoidable Delays. a. IfExcept as otherwise provided herein, as a result Developer shall not be considered in default of strikes, lockouts, labor disputes, inability its obligations to obtain labor, materials or reasonable substitutes therefore, be performed under this Agreement if delay in the performance of such obligations is due to acts of God, governmental restrictionsacts of public enemies, regulations orders or controlsrestraints of any kind of the government of the United States of America or of the State of Ohio or any of their departments, enemy agencies, or hostile governmental actionofficials, or any civil commotionor military authority, insurrectionriots, revolutionlandslides, sabotageearthquakes, fire hurricanes, tornados, floods, the actions of the City or other casualtyfailures of the City to perform its obligations hereunder, acts the failure of the City and the City Review Bodies to timely review and approve the Project or failure any component thereof in accordance with the Master Schedule, including but not limited to act by Tenant the rezoning, the Plans and Specifications or any other tenant matter relating to the Project requiring approval hereunder or other conditions cause similar in nature to the foregoing beyond its control and without its fault or negligence (“Unavoidable Delays”), but not including lack of financing or financial capacity by the control Developer. In the event of Landlordthe occurrence of any Unavoidable Delays, whether prior to the time or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any times for performance of such events, such obligation obligations shall be punctually performed as soon as practicable extended for the period of the enforced delay up to a maximum period of 180 days; provided, however, that Developer shall within a reasonable time after such condition shall abat▇. ▇▇ the event that Landlord, as a result beginning of any such conditionUnavoidable Delays, shall be unable to exercise any right or option within any time limit provided notify the City in this lease, such time limit shall be deemed extended for a period equal to writing thereof and of the cause thereof and of the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affectthereof, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services"or, if anya continuing delay and cause, to be furnished by the Landlord to estimated duration thereof, and if the Tenantdelay is continuing on the date of notification, it is agreed that there shall be no diminution or abatement within a reasonable time after the end of the rentdelay, or notify the City of the actual duration of the delay. In addition, the term “Unavoidable Delays” shall include delays in the issuance of any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs permits necessary to be made construct the Project, unless such delay is due solely to Developer’s failure to deliver such documentation or information necessary to inability or difficulty in securing supplies or labor for the maintenance of issue such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixedpermit.

Unavoidable Delays. a. IfNeither Publisher nor Printer shall be required to perform its obligations under this Agreement, as and any failure by Publisher or Printer to perform will not be deemed a result of strikesBreach hereunder, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or the extent any failure to perform is caused by any act by Tenant or any other tenant or other conditions event that (i) is beyond the reasonable control of Landlordand not the fault of the nonperforming party, whether prior and (ii) the nonperforming party would have been unable to avoid or during overcome by the Termexercise of reasonable due diligence (a “Force Majeure Event”). It is understood and agreed that the term “Force Majeure Event” shall not include: (a) the failure or compromised efficiency of equipment or machinery, Landlord or (b) any increase or decrease in prices for commodities or labor. If a Force Majeure Event occurs, Publisher shall fail punctually have the right to make immediate arrangements for the production of the Magazine by a third party, and Printer shall have the right to accept other work from third parties until such time as the Force Majeure Event ceases to cause the nonperformance. If the nonperformance continues for a period of ninety (90) days or more, then either party shall have the right to terminate this Agreement on thirty (30) days written notice. If a Force Majeure Event occurs, Printer shall not be required to perform any lease obligation, then and services specified in any of this Agreement to the extent impeded by a Force Majeure Event but Printer shall use commercially reasonable efforts to have all such events, such obligation shall be punctually services performed as soon as practicable after such condition shall abat▇. ▇▇ either at other facilities which it operates or through subcontracting to other printers for the event that Landlord, as a result duration of any such conditionoccurrence, subject to Publisher’s consent, which shall not be unable unreasonably withheld or delayed. Should there be insufficient capacity or shortage of materials due to exercise a Force Majeure Event, Printer shall give priority to its then current contract customers and allocate equipment and material fairly among such contract customers so that Publisher receives its fair share of resources. During any such period while Publisher’s Work is being done under subcontract by Printer or at other facilities which Printer operates, the Price Schedule shall remain in effect and Printer’s obligations with respect to specifications and quality, the production schedule, overruns and underruns and storage shall remain in effect. Printer will use commercially reasonable efforts in assisting Publisher to obtain completion of the unperformed Work, including, but not limited to, facilitating contacts between Publisher and other printers. Publisher shall have the right to remove from Printer’s plant any and all material (completed or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal uncompleted) relating to the duration Magazine upon written notice of such condition. The failure of Landlord Publisher’s election to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunderhave Work done elsewhere. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixed.

Unavoidable Delays. a. IfAny violations of the terms and conditions stated in this Agreement shall be sufficient grounds for cancellation of this Agreement by lessor. Violations of terms and conditions pertaining to inspections by Lessor alcohol usage, or damages to property by Lessee or its guests may result in immediate cancellation of the Agreement and subject lessee to forfeiture of any residual time remaining on the lease or credits for time remaining thereof. Cancellation of the Agreement must be made by written notice and is not effective until and unless received by an authorized agent of the Lessor. Any deposit of the Lessee may be retained by Lessor in the event of cancellation and will not limit the rights of Lessor in seeking other legal relief including the recovery of damages. Where the full rental fee is paid in advance and proper notice of cancellation is given to Lessor at least two (2) weeks prior to the commencement date, Lessor shall reimburse Lessee for the full rental fee. In the event any act required by this Agreement to be performed by either Lessor or Lessee be prevented or delayed due to strikes, lock-outs, fire, accidents, flood interference caused by other parties, civil or military authority, insurrection, riot acts of God, or by any other unforeseeable cause not the fault of the part delayed or prevented from performing acts required under the Agreement, said performance of such act shall be excused for the period of the delay. Lessor shall in no event be liable to Lessee or any other person for incidental or consequential damages which may arise as a result of strikesthe performance, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefore, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant or perform, of any obligation under this Agreement. In the event of any dispute of litigation with respect to the contract, the prevailing party shall be entitled to recover its reasonable costs thereof, including attorney’s fees, in addition to any other tenant or other conditions beyond the control of Landlord, whether prior relief to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any of such events, such obligation shall which it may be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunderentitled. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixed.

Unavoidable Delays. a. IfWhenever this Lease imposes a timely duty or obligation upon a party, as a result that party shall proceed to discharge that duty or obligation with all due diligence and dispatch, time being of the essence. In the event that either party shall be delayed or hindered in, or prevented from, the performance of any work, service, other act or obligation required under this Lease to be performed by the party and such delay or hindrance or prevention of performance is due to (i) strikes, walkouts, lockouts, boycotts or other labor disputesdisturbances, or inability to obtain laborprocure materials, materials all of which is not the result of the acts, omissions or reasonable substitutes thereforenegligence of the party claiming the unavoidable delay, acts or (ii) unavailability of Godutility services (power, fuel, water, sewer, communications, or otherwise) which is not the result of the acts, omissions or negligence of the party claiming the unavoidable delay, or (iii) federal, state or local governmental restrictionsentity or agency laws, rules, regulations or controlsordinances (including laws, enemy rules, regulations or hostile governmental actionordinances applicable to the development and/or construction of the Improvements), or (iv) delays in issuance of permits and/or approvals relating to the development and/or construction of the Improvements as long as any such delay is not the result of the acts, omissions or negligence of the party claiming the unavoidable delay, or (v) civil commotiondisorder, riots, insurrection, revolutionwar, sabotageor acts of terrorism, fire or (vi) earthquake, hurricane, flood, tornado (or comparable weather conditions of unusual severity) or other casualtyreasons of a like nature which are beyond the reasonable control of either party (collectively an “Unavoidable Delay”), acts or failure to act by Tenant or any other tenant then performance of such work, service, or other conditions beyond act shall be excused for the control of Landlord, whether prior to or during the Term, Landlord shall fail punctually to perform any lease obligation, then and in any period of such eventsdelay and the period for the performance of such work, such obligation service, or other act shall be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal equivalent to the duration period of such conditiondelay. The failure Lack of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease or the obligations of Tenant hereunder. b. No diminution or abatement of rent, or other compensation, shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished by the Landlord to the Tenant, it is agreed that there shall be no diminution or abatement of the rent, or any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence financial resources on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragrapheither party shall not be an Unavoidable Delay, shall and Rent must always be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after paid on the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixeddue.

Unavoidable Delays. a. If(a) Without limiting clauses 4.3 and 5.3, if, by reason of strike, lock out, or other labour dispute, material or labour shortage not within the control of the Tenant, stop-work order issued by any court or tribunal of competent jurisdiction (provided that such order was not issued as a the result of strikesany act or fault of the Tenant or of anyone employed by it directly or indirectly), lockoutsfire or explosion, labor disputesflood, inability to obtain laborwind, materials or reasonable substitutes thereforewater, acts earthquake, act of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or failure to act by Tenant or any other tenant or other conditions similar circumstances beyond the reasonable control of Landlordthe Tenant and not avoidable by the exercise of reasonable effort or foresight by the Tenant (each of which is an “Unavoidable Delay”), whether prior the Tenant is, in good faith and without default or neglect on its part, prevented or delayed in the performance of its covenants or obligations which under the terms of this Lease the Tenant is required to do by a specified date or during within a specified time or, if not specified, within a reasonable time, the Term, Landlord shall fail punctually date or period of time within which the work was to perform any lease obligation, then and in any of such events, such obligation shall be punctually performed as soon as practicable after such condition shall abat▇. ▇▇ the event that Landlord, as a result of any such condition, shall be unable to exercise any right or option within any time limit provided in this lease, such time limit shall be deemed extended for a period equal to the duration of such condition. The failure of Landlord to perform any lease obligation for the reasons set forth herein shall not affect, curtail, impair or excuse this lease have been completed or the obligations of Tenant hereunder. b. No diminution covenant or abatement of rent, or other compensation, shall obligation was to have been met will be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements to the Building or to its appliances, or arising from the construction of or repairs or improvements to, other buildings, structures, land or appliances, to the various "services", if any, to be furnished extended by the Landlord by a reasonable period of time at least equal to that of such delay or prevention; and the Tenant will not be deemed to be in default if it performs and completes the work or meets the covenant or obligation in the manner required by the terms of this Lease within such extended period of time or within such further extended period of time as may be agreed upon from time to time between the Landlord and the Tenant. If the Landlord and the Tenant cannot agree as to whether or not there is an Unavoidable Delay within the meaning of this Article, or they cannot agree as to the Tenantlength of such Unavoidable Delay, it is agreed that there shall then such matter will be no diminution or abatement determined by reference to arbitration in accordance with Article 20. For the purposes of this Article 11 the inability of the rent, Tenant to meet its financial obligations under this Lease or otherwise will not be an Unavoidable Delay. (b) The Tenant will act diligently and take all reasonable steps of a prudent owner to remove any other compensation, for interruption or curtailment shall be due to accident, alterations or repairs necessary to be made or to inability or difficulty in securing supplies or labor for the maintenance of such service or to some other cause, not gross negligence on the part of the Landlord. No such interruption or curtailment of such "service" nor any nonperformance by Landlord pursuant to subparagraph (a) of this Paragraph, shall be deemed a constructive eviction, nor shall there be any abatement or diminution of rent because of making of repairs, improvements or decorations to the Premises after the date above fixed for the commencement of the Term, it being understood that the Rental shall in any event, commence to run at such date as above fixedUnavoidable Delay.