Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.
Force Majeure Delay has the meaning set forth in Section 1.1.2.3 “Forecasting Penalty” has the meaning set forth in Section 14.2.1. “Fuel Attestation” has the meaning set forth in Section 4.4.3.
Force Majeure Delay means only an actual delay resulting from strikes, fire, wind, damage or destruction to the Building, explosion, casualty, flood, hurricane, tornado, the elements, acts of God or the public enemy, sabotage, war, invasion, insurrection, rebellion, civil unrest, riots, or earthquakes, failure of utilities, inability to secure labor or materials or reasonable substitutions therefor or inability to secure permits and inspections on an objective basis by any other person or entity constructing improvements comparable to the Tenant Improvements. As used in this Tenant Work Letter, “Landlord Delay” shall mean actual delays to the extent resulting from the acts or omissions of Landlord including, but not limited to (i) failure of Landlord to timely approve or disapprove any construction drawings or change orders or any other items set forth in this Tenant Work Letter requiring Landlord’s approval within time periods set forth in this Tenant Work Letter or this Lease, as applicable, or otherwise within a reasonable period of time (except to the extent deemed approved); (ii) material and unreasonable interference by Landlord, its agents or Landlord Parties (except as otherwise allowed under this Work Letter) with the Substantial Completion of the Tenant Improvements and which objectively preclude or delay the construction of tenant improvements in the Building by any person, which interference relates to access by Tenant, or Tenant’s agents to the Building or any Building facilities (including loading docks and freight elevators) or service and utilities (including temporary power and parking areas as provided herein) during normal construction hours, or the use thereof during normal construction hours; (iii) delays due to the acts or failures to act of Landlord or Landlord parties, including without limitation, with respect to payment of the Tenant Allowance (except as otherwise allowed under this Work Letter) and/or cessation of work as a result thereof; (iv) Landlord’s failure to deliver the Premises with the Landlord work complete; and (v) the discovery by Tenant of Hazardous Materials in the Premises.
Examples of Force Majeure Delay in a sentence
Except for the payment of Rent or any other sum of money required to be paid hereunder, all time periods set forth in this Agreement shall be extended by one day for each day of Force Majeure Delay that occurs.
Any party hereto claiming a Force Majeure Delay shall give written notice of such Force Majeure Delay in reasonable detail to the other within ten (10) Days after the commencement of such event or its right to claim a Force Majeure Delay as a result of such event shall be deemed null, void and waived.
More Definitions of Force Majeure Delay
Force Majeure Delay. As used herein, the term "Force Majeure Delay" shall mean any delay in the Substantial Completion of the Lessee Improvements resulting from Acts of God or any other cause beyond the reasonable control of the Lessee, provided that (i) in no event shall delays caused by Lessee's Agents be deemed to constitute a Force Majeure Delay for purposes hereof, and (ii) in no event shall delays in permit processing, obtaining other governmental approvals or other government related matters be deemed to constitute a Force Majeure Delay for purposes hereof except that if it takes more than three (3) weeks for Lessee to obtain necessary building permits for the construction of the Lessee Improvements after Lessee's submittal of all necessary fees, plans, specifications and other materials required by the applicable governmental authority in order to issue such building permits, with Lessee using its continued reasonable efforts and diligence to obtain such permits, then the period of time after such three (3) week period until issuance of such building permits shall be deemed to constitute a Force Majeure Delay. If Lessee contends that a Force Majeure Delay has occurred, Lessee shall notify Lessor in writing promptly following each of (1) Lessee's first learning of the occurrence of the event giving rise to such Force Majeure Delay, and (ii) the date upon which such Force Majueure Delay ends. Notwithstanding anything to the contrary contained herein, if Lessee does not provide Lessor with written notice of the occurrence of a Force Majeure Delay within five (5) business days after Lessee's first learning of the occurrence of the event giving rise to such Force Majeure Delay, then Lessee shall not be entitled to the benefit of the period of Force Majeure Delay accruing between the expiration of such five (5) business day period and the date upon which Lessor receives such written notice from Lessee of the occurrence of the event giving rise to such Force Majeure Delay.
Force Majeure Delay means a delay in the performance of the obligations of Contractor pursuant to this Contract which is beyond the control of, and without the fault or negligence of, Contractor and which is caused by (A) acts, laws, rules, regulations, or orders of a governmental authority, (B) acts of God or of a public enemy, or (C) fires, floods, epidemics, quarantine restrictions, strikes or other labor disputes, freight embargoes, material shortage, or weather of unusual severity.
Force Majeure Delay has the meaning set forth in Section 1.1.2.3
Force Majeure Delay means a delay to the development of a Lot Under Development or a delay to the construction of a Dwelling Unit or a Dwelling Lot which is caused by fire, earthquake, or other Acts of God, strike, lockout, acts of public enemy, riot, insurrection, or governmental regulation of the sale or transportation of materials, supplies, or labor; provided that (i) Borrower furnishes Administrative Agent with written notice of any such delay within ten (10) days from the commencement of any such delay and (ii) the period of the Force Majeure Delay shall not exceed the period of delay caused by such event.
Force Majeure Delay means a delay in progress of construction due to weather, act of God, unavailability or shortage of labor or materials, national emergency, fire or other casualty, natural disaster, war, delays or actions of governmental authorities or utilities, riots, acts of violence, labor strike, injunctions in connection with litigation, or other cause which is not within the reasonable control of Borrower. Force Majeure Delay does not include the failure to order and obtain materials in a timely fashion for the continuous development of the Development and does not include financial difficulties of the Borrower.
Force Majeure Delay means any delay beyond the control of Landlord, including, but not limited to, a delay resulting from issuance of permits, any strike, lockout, labor trouble, civil disorder, inability to procure materials, weather conditions, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, fuel shortages, accidents, casualties, acts of God, acts or delays caused directly or indirectly by Tenant, or by any member of the Tenant Group.
Force Majeure Delay as used in the Sublease shall mean any delay by either party in fulfilling its obligations hereunder which is attributable to any: (i) actual delay or failure to perform attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction, act of a public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; or (ii) actual delay or failure to perform attributable to lightening, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other similar industry-wide or Building-wide cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of Subtenant to pay Rent and other charges pursuant to this Sublease).