LANDLORD'S INABILITY TO PERFORM. Tenant’s obligation to pay Rent and Additional Rent and/or to comply with any of the terms, provisions and/or conditions of this Lease as well as the Lease itself shall not be affected, impaired, amended or excused due to Landlord’s inability to perform any of its obligations contained in this Lease, or to supply any if delayed in supplying any service or item or is unable to make, or is delayed in the making of any repair, alterations, additions, or is unable to supply or is delayed in supplying any equipment, services, fixtures or any other material to be supplied hereunder, provided that Xxxxxxxx is unable to do so because of labor problems, strife or strike or any other cause whatsoever including, but not limited to war or other emergency.
LANDLORD'S INABILITY TO PERFORM. Landlord shall not be liable for failure to give Tenant possession of the Apartment on the beginning date of the term. Rent shall be payable as of the beginning of the term unless Landlord is unable to give possession, in which event, Rent shall then be payable as of the date possession is available. Landlord shall notify Tenant as to the date possession is available. The termination date of the Lease shall not change regardless of any change in the commencement date of the Lease. Tenant’s obligations under this Lease shall be unaffected if Landlord is delayed or unable to carry out any of Landlord’s other promises or agreements, or to supply any service to be supplied, or to make any required repair or change in the Apartment or property of the “Complex”. If such delay or inability is a result of labor trouble, governmental order, lack of supplies, Tenant’s acts or neglect, repairs, improvements, alterations, accidents, acts of God, the inability of Landlord to procure such service or to obtain sufficient quantities of fuel or supplies, or other causes beyond the control of Landlord, Tenant shall not be entitled to any claim for damages or rebates or reduction of Rent on account of any such delay or inability on the part of Landlord, but Landlord shall use reasonable efforts to fulfill its obligations under this Lease.
LANDLORD'S INABILITY TO PERFORM. This Lease and the obligation of 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.
LANDLORD'S INABILITY TO PERFORM. This Lease and the obligation to pay rent hereunder and perform all of the other terms to be performed by Tenant hereunder shall not be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease.
LANDLORD'S INABILITY TO PERFORM. If, by reason of inability to obtain and utilize labor, materials or supplies; circumstances directly or indirectly the results of a state of war or national or local emergency; any laws, rules, orders, regulations or requirements of any governmental authority now or hereafter in force; strikes or riots, accident in, damage to or the making of repairs, replacements or improvement to the Premises or any of the equipment thereof; or by reason of any other cause beyond the reasonable control of the Landlord including "Acts of God," Landlord shall be unable to perform or shall be delayed in the performance of any covenant to supply any service, such nonperformance or delay in performance shall not render Landlord liable in any respect for damages to either person or property, constitute a total or partial eviction, constructive or otherwise, work an abatement of rent or relieve Tenant from the fulfillment of any covenant or agreement contained in this Lease.
LANDLORD'S INABILITY TO PERFORM. If by reason of inability to obtain suitable labor, materials or supplies; circumstances directly or indirectly the result of a state of war or national or local emergency; or by reason of any other cause beyond the reasonable control of Landlord, Landlord shall be unable to perform or shall be delayed in the performance of any covenant to supply any service, such nonperformance or delay in performance shall not render Landlord liable in any respect for damages to either person or property, constitute a total or partial eviction, constructive or otherwise, work an abatement of rent or relieve Tenant from the fulfillment of any covenant or agreement contained in this Lease.
LANDLORD'S INABILITY TO PERFORM. This Lease and the obligations of Tenant hereunder shall not be affected or impaired because Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of the inability of Landlord to obtain the necessary building permits and other governmental approvals required to construct any improvements to the Building, the unavailability of materials, strikes or other labor troubles or any other cause beyond the control of Landlord, except as may otherwise be specifically set forth in this Lease. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until Landlord or any beneficiary under any deed of trust or any mortgage, ground lessor or other lienholder with rights in all or any portion of the Project has failed to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if Landlord or any of such other parties shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
LANDLORD'S INABILITY TO PERFORM. Landlord shall not be in default hereunder if Landlord is unable to fulfill any of its obligations under this Lease, provided Landlord is prevented or delayed from so doing by any accident, breakage, repair, alteration, improvement, strike or labor troubles, moratorium, war, civil unrest, act of God, or any outside cause whatsoever beyond the reasonable control of Landlord, including, but not limited to, energy shortages or governmental preemption in connection with a national emergency, or by reason of law or 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 emergency. The performance by Landlord of its covenants contained in this Lease shall be independent of Tenant's covenants to pay rent and perform Tenant's obligations under this Lease. The failure of Landlord to perform its covenants under this Lease shall not relieve Tenant of its covenants to pay rent and perform under this Lease or entitle Tenant to any offset or abatement of rent, and Tenant waives the benefit of any statute or rule of law now or hereafter in effect to the contrary.
LANDLORD'S INABILITY TO PERFORM. If, by reason of Landlord’s reasonable inability to obtain and utilize labor, materials, or supplies; circumstances directly or indirectly the result of a state of war, act of terrorism or national or local emergency; laws, rules, orders, regulations, or requirements of any governmental authority now or hereafter in force; strikes or riots; accident in, damage to, or the making of repairs, replacements, or improvements to the Premises or any of the equipment thereof (except as provided in Section 9); or by reason of any other cause beyond the reasonable control of Landlord (collectively “Force Majeure”), Landlord shall be unable to perform or shall be delayed in the performance of any covenant to supply any service, such nonperformance or delay in performance shall not render Landlord liable in any respect for damages to either person or property, constitute a total or partial eviction (constructive or otherwise), work an abatement of Rent, or relieve Tenant from the fulfillment of any covenant or agreement contained in this Lease.
LANDLORD'S INABILITY TO PERFORM. If, by reason of any cause beyond the reasonable control of Landlord including "Acts of God," Landlord shall be unable to perform or shall be delayed in the performance of any covenant or to supply any service, such nonperformance or delay in performance shall not render Landlord liable in any respect for damages to either person or property, constitute a total or partial eviction, constructive or otherwise, work an abatement of rent or relieve Tenant from the fulfillment of any covenant or agreement contained in this Lease. Should any circumstances described herein prevent or delay Tenant's ability to supply any service, except payment of Base Rent and/or Additional Rent, such non-performance or delay in performance shall not render Tenant liable for damages to Landlord.
