Common use of Inability to Perform Clause in Contracts

Inability to Perform. This Lease and the obligation of the Tenant to pay the rents hereunder and to perform all the other covenants hereunder on the part of the 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 or to supply, or is delayed in supplying any of the Service expressly or implied to be supplied or is unable to make or is delayed in supplying any equipment or fixtures if the Landlord is prevented or delayed in so doing by reason of necessary 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, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within Seven (7) 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained herein.

Inability to Perform. This Lease and the obligation of the Tenant to pay the rents Base Rent and/or Additional Rent and other payments required hereunder and to perform comply with all of the other covenants hereunder on the part provisions of the Tenant to this Lease shall in no way be performedaffected, and observed shall not in any manner be impaired or excused because the Landlord is unable to fulfil any of its obligations under this Lease or to supply, or is delayed in supplying any of the Service 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 fixtures, or is unable to fulfill or is delayed in fulfilling any other obligation hereunder, if the Landlord is so prevented or delayed in so doing by reason of necessary repairs replacement maintenance addition alteration riot, strike, labor troubles, war, act of God or decoration any other cause whatsoever beyond Landlord’s reasonable control not including mere lack of any installations or apparatus or their damage or destruction funds including, but not limited to, government preemption in connection with a national emergency or by reason of mechanical 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 defects or breakdown or inclement weather conditions or shortage emergency; provided, however, that Landlord shall give written notice to Tenant of fuel, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises on the expiry a claim of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it a force majeure delay within Seven thirty (730) days after being requested 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 writing 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 do so or if after using its best endeavours the Landlord is unable to make such a request to the correct, including lack of funds then Tenant within Fourteen (14) days from the first attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds receive an abatement of sale absolutely unless Base Rent and/or Additional Rent payable hereunder during the 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 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 AND have not been rendered untenantable by the Tenant hereby accepts this Lease subject to Service Failure, the covenants conditions provisions stipulations and agreements contained hereinamount of abatement shall be equitably prorated.

Inability to Perform. This Lease and the obligation of the Tenant to pay the rents rent hereunder and/or the obligations of Landlord and Tenant to perform all comply with the covenants and conditions hereof shall not be affected, curtailed, impaired, or excused because of the other covenants party’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 that 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 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; accidents; repairs; strikes; shortages of labor, supplies, 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 be excused for the period of any delay in the performance of any obligation hereunder when prevented from so doing by a Force Majeure event provided nothing contained in 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 the Landlord. Tenant to be performed, and observed shall not in any manner similarly be excused because for the Landlord is unable to fulfil period of any delay in the performance of its obligations under this Lease or to supply, or is delayed in supplying any of the Service expressly or implied to be supplied or is unable to make or is delayed in supplying any equipment or fixtures if the Landlord is obligation hereunder when prevented or delayed in from so doing by reason a Force Majeure event, provided nothing contained in this Article or elsewhere in this Lease shall be deemed to excuse or permit any delay in the payment of necessary repairs replacement maintenance addition alteration Fixed Basic Rent or decoration Additional Rent by Tenant to Landlord, or any delay in the cure 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, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing default which may be cured 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 attempt so made by the Landlord: the Landlord may as the agent payment of the Tenant sell such property and the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinmoney.

Inability to Perform. This Lease lease and the obligation of the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performedperformed shall in no wise be affected, and observed shall not in any manner be impaired or excused because the Landlord Owner is unable to fulfil fulfill any of its obligations under this Lease lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment equipment, fixtures or fixtures other materials if the Landlord Owner is prevented or delayed in form so doing by reason of necessary repairs replacement maintenance addition alteration strike or decoration of any installations labor troubles, governmental preemption or apparatus or their damage or destruction restrictions or by reason of mechanical any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the conditions of which have been or are affected, either directly or indirectly, by war or other defects emergency, or breakdown when, in the judgment of Owner, temporary interruption of such services is necessary by reason of accident, mechanical breakdown, or inclement weather conditions to make repairs, alterations or shortage improvements. Bills and Notices: Except as otherwise in this lease provided, a xxxx, statement, notice or communication which Owner may desire or be required to give to Tenant, shall be deemed sufficiently given or rendered if, in writing, delivered to Tenant personally or sent by registered or certified mail addressed to Tenant at the building of fuel, materials, water which the demised premises form a part or labour at the last known residence address or business address of Tenant or left at any other cause beyond the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises on the expiry of the Term any property aforesaid premises addressed to Tenant, and the time of the Tenant remains in rendition of such xxxx or on the Premises statement and the Tenant fails to remove it within Seven (7) 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell giving of such property and the 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 notice or communication shall be presumed unless deemed to be the contrary time when the same is delivered to Tenant, mailed, or left at the premises as herein provided. Any notice by Tenant to Owner must be proved) that served by registered or certified mail addressed to Owner at the address first hereinabove given or at such property belonged to the Tenantother address as Owner shall designate by written notice. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained herein.Water Charges:

Inability to Perform. Section 33.01. This Lease and the obligation of the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performedperformed shall in no way be affected, and observed shall not in any manner be impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make 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 if the Landlord is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strike or decoration of labor troubles or any installations or apparatus or their damage or destruction outside cause whatsoever including but not limited to, governmental preemption in connection with a National Emergency or by reason of mechanical 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 defects emergency. This Lease and the obligation of Landlord to perform all of the covenants and agreements hereunder on the part of Landlord to be performed shall, except as otherwise specifically set forth herein, in no way be affected, impaired or breakdown or inclement weather conditions or shortage excused because Tenant is unable to fulfill any of fuelits obligations under this Lease (expressly excluding the obligation of Tenant to pay any Fixed Rent, materials, water or labour additional rent or any other monetary item hereunder) if Tenant is prevented or delayed from so doing by reason of strike or labor troubles or any outside cause whatsoever beyond the Landlord’s reasonable control Tenant’s property If after the of Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within Seven (7) 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 not be presumed unless the contrary be proveddeemed to include Tenant's failure to possess or inability to procure sufficient funds or to obtain labor and/or materials at a below average price) that such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds including but not limited to, governmental preemption in connection with a National Emergency or by reason of sale absolutely unless the Tenant shall claim them within Six (6) months any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the date upon conditions of supply and demand 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 have been or are affected by war or related to the presence of the property in or on the Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinother emergency.

Inability to Perform. This EXCULPATORY CLAUSE Except as otherwise expressly provided in this Lease, this Lease and the obligation obligations of the Tenant to pay the rents Rent hereunder and to perform all the other covenants covenants, agreements, terms, provisions and conditions hereunder on the part of the Tenant to be performedperformed shall in no way be affected, and observed shall not in any manner be impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease or is unable to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if the Landlord is prevented or delayed in from doing so doing by reason of necessary repairs replacement maintenance addition alteration strikes or decoration of labor troubles or any installations other similar or apparatus or their damage or destruction dissimilar cause whatsoever beyond Landlord’s reasonable control, including but not limited to, governmental preemption in connection with a national emergency or by reason of mechanical 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 defects similar or breakdown dissimilar emergency. In each such instance of inability of Landlord to perform, Landlord shall exercise reasonable diligence to eliminate the cause of such inability to perform. Tenant shall neither assert nor seek to enforce any claim for breach of this Lease against any of Landlord’s assets other than Landlord’s interest in the Property and in the rents, issues and profits thereof, and 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 (which term shall include, without limitation any of the officers, trustees, directors, partners, beneficiaries, joint venturers, members, stockholders or inclement weather conditions other principals or shortage representatives, disclosed or undisclosed, of fuel, materials, water or labour Landlord or any managing agent) 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 cause beyond action which shall not involve the personal liability of Landlord to respond in monetary damages from Landlord’s assets other than the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains interest in or on the Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing by the said real estate, as aforesaid. In no event shall 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 ever be presumed unless the contrary be proved) that such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinliable for consequential damages.

Inability to Perform. This Lease and the obligation of the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performed, and observed performed shall not in any no manner be affected impaired, or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make 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 if the Landlord is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strike or decoration of labor troubles or any installations or apparatus or their damage or destruction cause whatsoever beyond Landlord's sole control including, but not limited to, government preemption in connection with a National Emergency or by reason of mechanical any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the condition of supply and demand which have been or are affected by war or other defects emergency. Notwithstanding anything contained in this Lease to the contrary, if due to any work or breakdown installation performed by Landlord under the Lease or inclement weather conditions failure by Landlord to perform its obligations under the Lease, 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 shortage installation or such failure and Tenant notifies Landlord of fuelsuch interruption, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after Fixed Rent and the Tenant has vacated Additional Rent shall be reduced on a per diem basis in the Premises on proportion in which the expiry area of the Term any property part of the Demised Premises which is unusable bears to the total area of the Demised Premises for each day subsequent to the day Tenant notifies Landlord of the aforesaid ten (10) consecutive business day period that such portion of the Demised Premises remains in or on unusable. Notwithstanding anything to the Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing by the Landlord to do so or contrary contained herein, if after using its best endeavours the Landlord is unable to make delayed or prevented from performing any of its obligations hereunder by reason of force majeure (as said term is hereinafter defined), the period of such a request delay or of such prevention shall be added to the Tenant within Fourteen (14) days from the first attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained herein.time herein provided within

Inability to Perform. This EXCULPATORY CLAUSE Except as otherwise specifically provided herein to the contrary, this Lease and the obligation obligations of the Tenant to pay the rents rent hereunder and to perform all the other covenants covenants, agreements, terms, provisions and conditions hereunder on the part of the Tenant to be performedperformed shall in no way be affected, and observed shall not in any manner be impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease or is unable to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make or is delayed in making any repairs, replacements, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if the Landlord is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strikes or decoration of labor troubles or any installations other similar or apparatus or their damage or destruction dissimilar cause whatsoever beyond Landlord's reasonable control, including but not limited to, governmental preemption in connection with a national emergency or by reason of mechanical 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 defects similar or breakdown dissimilar emergency. In each such instance of inability of Landlord to perform, Landlord shall exercise reasonable diligence to eliminate the cause of such inability to perform. Tenant acknowledges that Landlord shall have the right to transfer all or inclement weather conditions any portion of its interest in the Building and to assign this Lease to the transferee. Tenant agrees that in the event of such 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 shortage transfer Tenant's security deposit to Landlord's transferee and, in either event, Landlord shall have no further liability to Tenant for the return of fuelits 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, materialswares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the 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 labour rain, breakage of pipes, sprinklers, plumbing, air conditioning or lighting fixtures, or from any other cause beyond the Landlord’s control Tenant’s property If after the Tenant has vacated cause, whether said damage or injury results from conditions arising upon the Premises on the expiry or upon other portions of the Term Building, or from other sources or places, or from new construction or the repair, alteration or improvement of any property part of the Tenant remains in Building, or on the Premises and the Tenant fails to remove it within Seven (7) 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property equipment, fixtures or appurtenances applicable thereto, and regardless of whether the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the Tenant shall claim them within Six (6) months cause of the date upon 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 the Tenant vacated the Premises; includes keeping doors locked and the Tenant shall indemnify the Landlord against any damage occasioned other means of entry to the Premises closed and secured. Landlord shall not be liable for any actions claims proceedings costs expenses and demands made against the Landlord caused by damages arising from any act or related to the presence neglect of any other tenant, 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 respect thereof against Landlord, its agents, partners and employees. Tenant shall neither assert nor seek to enforce any claim against Landlord, or on Landlord's agents or employees, or the assets of Landlord or of Landlord's agents or employees, for breach of this Lease or otherwise, other than against Landlord's interest in the Building of which the Premises AND the Tenant hereby accepts this Lease are a part and, in any event, Tenant's rights shall be subject to the covenants conditions provisions stipulations rights of any lender holding a mortgage or deed of trust encumbering all or part of the 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 agreements contained hereinthe 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 real estate, as aforesaid. 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, 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 lost profits of Tenant.

Inability to Perform. This Lease and the obligation of the Tenant to pay the rents Rent and additional rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performedperformed shall in nowise be affected, and observed shall not in any manner be impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease expressly or impliedly to supplybe performed by Landlord or because Landlord is unable to make, or is delayed in supplying making any of the Service expressly repairs, additions, alterations, improvements or implied to be supplied decorations or is unable to make supply or is delayed in supplying any equipment or fixtures if the Landlord is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strikes or decoration of labor troubles or by accident or by any installations or apparatus or their damage or destruction cause whatsoever reasonably beyond Landlord’s control, including but not limited to, laws, governmental preemption in connection with a National Emergency or by reason of mechanical any rule, order or regulation of any federal, state, county or municipal authority or any department or subdivision thereof or any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other defects or breakdown or inclement weather conditions or shortage of fuelemergency. Notwithstanding anything to the contrary in this Lease, materials, water or labour or any other cause beyond in the Landlord’s control Tenant’s property If after the event that Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing by the Landlord to do so or if after using its best endeavours the Landlord is unable to use the Premises for the conduct of its 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, and/or not as a result of casualty, Force Majeure or breach of this Lease by Tenant, and (i) such condition continues for a request period in excess of ten (10) consecutive business days after the date of notice from Tenant to Landlord (the “Abatement Notice”) stating that Tenant’s inability to use the Premises is due to such condition, (ii) Tenant within Fourteen does not actually use or occupy any portion of the Premises for any purpose during such period, and (14iii) days such condition has not resulted from the first attempt so made by the Landlord: the Landlord may as the agent negligence or misconduct of the Tenant sell such property Tenant, then Base Rent and the 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 Additional Rent shall be presumed unless abated on a per diem basis for the contrary be provedperiod commencing on the eleventh (11th) that such property belonged to consecutive business day after Tenant gives the Tenant. if Abatement Notice and ending on the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the Tenant shall claim them within Six (6) months earlier of the date upon on which the (A) Tenant vacated reoccupies any portion of 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained herein(B) such condition is substantially remedied.

Inability to Perform. This Lease and the obligation of the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performed, and observed performed shall not in any no manner be affected, impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make 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 if the Landlord is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strike or decoration of labor troubles or any installations or apparatus or their damage or destruction cause whatsoever beyond Landlord's sole control including, but not limited to, government preemption in connection with a National Emergency or by reason of mechanical any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the condition of supply and demand which have been or are affected by war or other defects or breakdown or inclement weather conditions or shortage of fuel, materials, water or labour or emergency. Notwithstanding any other cause beyond provision of this lease, in the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises on the expiry event that substantially all of the Term Demised Premises shall become unusable or untenantable by Tenant due to the performance by Landlord of repairs, additions, alterations, replacements, decorations or improvements or due to interruption of services provided by Landlord 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 property act or omission of Tenant or Tenant's employees, agents, contractors or licensees (the "Affected Space"), which condition (an "Interruption Condition") shall continue for a period of ten (10) consecutive business days after Tenant shall have notified Landlord of the same, and Tenant remains in shall not actually use or on occupy the Premises and the Affected Space during such period, then Tenant fails to remove it within Seven (7) 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled be entitled to retain such proceeds abatx xxx payment of sale absolutely unless Basic Annual Rent and Additional Rent with respect to the Tenant shall claim them within Six Affected Space to the extent not actually used or occupied by Tenant, if applicable, due under this lease for the period commencing on the eleventh (611th) months business day of the existence of such condition and ending on the date upon which the condition no longer exists. Tenant vacated the Premises; and the Tenant shall indemnify the Landlord against any damage occasioned 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 Demised Premises and any actions claims proceedings costs expenses and demands made against the Landlord caused shall be by or related to the presence way of the property in or on the Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinan action for damages for breach of contract.

Inability to Perform. 27. This Lease and the obligation of the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performedperformed shall in no wise be affected, and observed shall not in any manner be impaired or excused because the Landlord Owner is unable to fulfil fulfill any of its obligations under this Lease lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make make, or is delayed in making any repair, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment equipment, fixtures or fixtures other materials if the Landlord Owner is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strike or decoration of labor troubles or any installations cause whatsoever including, but not limited to, government preemption or apparatus or their damage or destruction restrictions or by reason of mechanical any rule, order or regulation of any department or subdivision thereof or any government agency or by reason of the conditions which have been or are affected, either directly or indirectly, by war or other defects emergency. Bills and Notices: 28. (See Article 47 of Rider). Services Provided by Owners: 29. Water for ordinary lavatory purposes, but if Tenant uses or breakdown or inclement weather conditions or shortage of fuel, materials, consumes water or labour or for any other cause beyond purposes or in unusual quantities (of which fact Owner shall be the Landlord’s control sole judge), Owner may install a water meter at Tenant’s property If after 's expense which Tenant shall thereafter maintain at Tenant's expense in good working order and repair to register such water consumption and Tenant shall pay for water consumed as shown on said meter as additional rent as and when bills are rendered; (d) cleaning service for the Tenant has vacated demised premises on business days as set forth in Schedule E at Owner's expense provided that the Premises on same are kept in order by Tenant. Owner reserves the expiry right to stop services of the Term any property heating, elevators, plumbing, air-conditioning, electric, power systems or cleaning or other services, if any, when necessary by reason of the Tenant remains in accident or on the Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing by the Landlord to do so for repairs, alterations, replacements 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the Tenant will indemnify the Landlord against any liability incurred by it to any third party whose property shall have been sold by the Landlord improvements necessary or desirable in the mistaken belief held in good faith (which judgment of Owner for as long as may be reasonably required by reason thereof. The same shall be presumed unless done with a minimum of inconvenience to Tenant and Owner shall pursue the contrary be proved) that such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 repairs, alterations, replacements or related to the presence of the property in or on the Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinimprovements with due diligence.

Inability to Perform. This Lease and Except as expressly provided in this Lease, the obligation of the Tenant to pay the rents hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performed, and observed shall the obligation of Landlord to perform all of the covenants and agreements hereunder on the part of Landlord to be performed, will not in any manner be affected, impaired or excused because Landlord or Tenant, as the Landlord case may be, is unable to fulfil fulfill any of its obligations under this Lease expressly or impliedly to supplybe 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 supplying making any of the Service expressly repairs, additions, alterations, improvements or implied to be supplied decorations or is unable to make supply or is delayed in supplying any equipment or fixtures if fixtures, unless Landlord or Tenant, as the Landlord case may be, is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration Force Majeure or decoration delays resulting from any Mortgagee’s or Superior Lessor’s requirements to grant consent (all of the foregoing, collectively, “Unavoidable Delays”); provided, however, (i) in no event shall such party’s financial inability to perform be an Unavoidable Delay and delays resulting from any Mortgagee’s or Superior Lessor’s requirements to grant consent shall not be Unavoidable Delays unless Landlord shall have fulfilled all applicable requirements in connection with the granting of such consent (it being agreed that Landlord shall deliver to Tenant reasonable supporting documentation showing that Landlord shall have so fulfilled such applicable requirements promptly after Landlord’s receipt of a request therefor from Tenant) and (ii) in connection with the obtaining of the consent of any installations Mortgagee to a proposed subletting by Tenant, such consent shall be granted or apparatus or their damage or destruction or withheld by reason such Mortgagee in accordance with provisions substantially similar to the provisions of mechanical or other defects or breakdown or inclement weather conditions or shortage of fuelSection 14.6 hereof. Notwithstanding anything to the contrary set forth herein, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If obligation to pay Rent hereunder shall not be affected hereby unless specifically provided for in this Lease. Landlord and Tenant each shall notify the other as promptly as is reasonably practicable after the Tenant has vacated the Premises on the expiry learning of any Unavoidable Delays which prevent such party from fulfilling any of its obligations under this Lease, and after such initial notification promptly after request of the Term any property other party, Landlord or Tenant (as the case may be) shall notify the other party of the Tenant remains in or on status of such delay. Each party shall use all commercially reasonable efforts to mitigate the Premises and delay caused by any event of Unavoidable Delays to the Tenant fails to remove it within Seven (7) days after being requested in writing by extent reasonably commercially practicable, but without the Landlord necessity of employing overtime labor unless such party elects to do so within its sole discretion 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 other party elects to pay for such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinovertime labor.

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 the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performedperformed shall in no way be affected, and observed shall not in any manner be impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make 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 if the Landlord is prevented or delayed in from so doing by reason of necessary 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, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises on the expiry of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within Seven (7) 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinForce Majeure Event.

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 carry on its business in the rents hereunder and to perform all the other covenants hereunder on the part balance of the Premises) is not reasonably useable by Tenant to for conducting its business, then the Rent and other charges payable hereunder shall be performed, and observed shall not in any manner be excused because abated for the Landlord period that Tenant is unable to fulfil any of conduct its obligations under this Lease or business in the Premises. Tenant shall provide Landlord with immediate telephonic notice (to supply, or is delayed in supplying be followed by written notice) when it believes that any of the Service expressly events specified in the preceding sentence have occurred. In the event that a material portion of the Premises is rendered 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, then the Rent and other charges payable hereunder shall be equitably abated for the period during which such portion of the Premises is unusable. If as a result of any of the causes specified in the first sentence of this Section 12, the Premises (or implied a material portion thereof such that it is not reasonably feasible for Tenant to be supplied or carry on its business in the balance of the Premises) is unable 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 the right at any time within thirty (30) days after the end of such ninetieth (90th) day to make or is delayed terminate this Lease by written notice to Landlord. Notwithstanding anything to the contrary contained in supplying any equipment or fixtures this Section 12, if the Landlord is prevented 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 delayed other charges and such days shall not count towards the ninety (90) days specified above. The foregoing provisions for abatement of the Rent and other charges and termination of the Lease shall be Tenant’s sole remedy for any of the items specified in so doing the first sentence of this Section 12 and neither Landlord nor its agents shall have any liability to Tenant by reason of necessary repairs replacement maintenance addition alteration inconvenience or decoration of any installations or apparatus or their damage or destruction annoyance to Tenant or by reason of mechanical injury to or other defects or breakdown or inclement weather conditions or shortage interruption of fuel, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after business, or otherwise as a result of such items. Tenant agrees that the Tenant has vacated provisions of this Lease shall supersedes any laws, statutes, ordinances relating to the condition of the Premises on the expiry of the Term or Tenant’s occupancy thereof and Tenant hereby waives and releases its right to terminate this Lease under any property of the Tenant remains similar, statutes or ordinances now or hereafter in or on the Premises and the Tenant fails to remove it within Seven (7) 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 effect, except to the Tenant within Fourteen (14) days from the first attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained extent expressly provided herein.

Inability to Perform. This Lease and the obligation of the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performed, and observed performed shall not in any no manner be affected, impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make 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 if the Landlord is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strike or decoration of labor troubles or any installations or apparatus or their damage or destruction cause whatsoever beyond Landlord's sole control including, but not limited to, government preemption in connection with a National Emergency or by reason of mechanical any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the condition of supply and demand which have been or are affected by war or other defects emergency. Subject to the "force majeure" provision below, if due to any work or breakdown installation performed by Landlord under the Lease or inclement weather conditions failure by Landlord to perform its obligations under the Lease, (i) 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 shortage of fuelinstallation or such failure, materialsand (ii) such interruption shall occur during business hours, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after Fixed Rent and the Tenant has vacated Additional Rent shall be reduced on a per diem basis in the Premises on proportion in which the expiry area of the Term any property part of the Tenant remains in or on the Demised Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing by the Landlord to do so or if after using its best endeavours the Landlord which is unable to make such a request unusable bears to the Tenant within Fourteen (14) days from the first attempt so made by the Landlord: the Landlord may as the agent total area of the Tenant sell such property and Demised Premises for each day subsequent to the 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 aforesaid ten (which shall be presumed unless the contrary be proved10) consecutive business day period that such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the Tenant shall claim them within Six (6) months portion of the date upon which the Tenant vacated the Premises; and the Tenant shall indemnify the Landlord against any damage occasioned to the Demised 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinremains unusable.

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 the Tenant to pay the rents rent hereunder and to perform all the other covenants covenants, agreements, terms, provisions and conditions hereunder on the part of the Tenant to be performedperformed shall in no way be affected, and observed shall not in any manner be impaired or excused because the Landlord is unable to fulfil fulfill any of its obligations under this Lease or is unable to supply, supply or is delayed in supplying any of the Service service expressly or implied impliedly to be supplied or is unable to make or is delayed in making any repairs, replacement, additions, alterations, improvements or decorations or is unable to supply or is delayed in supplying any equipment or fixtures if the Landlord is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strikes or decoration of labor troubles or any installations other similar or apparatus or their damage or destruction dissimilar cause whatsoever beyond Landlord's reasonable control, including but not limited to, governmental preemption in connection with a national emergency or by reason of mechanical 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 defects similar or breakdown or inclement weather dissimilar emergency. In each such instance of inability of Landlord to perform, Landlord shall 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 or shortage of fuel, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If after the Tenant has vacated the Premises hereunder on the expiry part of the Term any property of the Tenant remains in or on the Premises and the Tenant fails to remove it within Seven (7) days after being requested in writing by the Landlord to do so be performed shall in no way be affected, impaired or if after using excused because Tenant is unable to fulfill any of its best endeavours the Landlord obligations under this Lease or is unable to supply or is delayed in supplying any service expressly or impliedly to be supplied or is unable to make such a request to the Tenant within Fourteen (14) days from the first attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the Tenant will indemnify the Landlord against or is delayed in making 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 Landlord having made reasonable efforts repairs, replacements, additions, alterations, improvements or decorations or is unable to locate supply or is delayed in supplying any equipment of fixtures 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 but not limited to, 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 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 the Landlord shall be entitled to retain such proceeds of sale absolutely unless the perform, Tenant shall claim them within Six (6) months exercise reasonable diligence to eliminate the cause of the date upon which the Tenant vacated the Premises; and the Tenant shall indemnify the Landlord against any damage occasioned such inability 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinperform.

Inability to Perform. 27. This Lease and the obligation of the Tenant to pay the rents rent hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performedperformed shall in no wise be affected, and observed shall not in any manner be impaired of excused because the Landlord Owner is unable to fulfil fulfill any of its obligations under this Lease lease or to supply, supply or is delayed in supplying any of the Service service expressly or implied to be supplied or is unable in make, or is delayed in making any repair, additions, alterations or decorations or is unable to make supply or is delayed in supplying any equipment or fixtures if the Landlord Owner is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration strike or decoration of labor troubles or any installations or apparatus or their damage or destruction cause whatsoever beyond Owner's sole control including, but not limited to, government preemption in connection with a National Emergency or by reason of mechanical any rule, order or regulation 8 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 defects emergency. BILLS AND NOTICES: 28. (See Article 57) WATER CHARGES: 29. If Tenant requires, uses or breakdown 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 pay owner for the cost of the meter and the cost of the installation, thereof and throughout the duration of Tenaxx'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 inclement weather conditions or shortage of fuelrepaired and collect the cost thereof from Tenant, materialsas additional rent. Tenant agrees to pay for water consumed, water or labour as shown on said meter as and when bills are rendered, and on default in making such payment Owner may pay such charges and collect the same from Tenant, as additional rent. Tenant covenants and agrees to pay, as additional rent, the sewer rent, charge or any other cause beyond tax, rent, levy or charge which now or hereafter is assessed, imposed or a lien upon the Landlord’s control Tenant’s property demised premises or the realty of which they are part pursuant to law, order or regulation made or issued in connection with the use, consumption, maintenance or supply of water, water system or sewage or sewage connection of system. If after the building or the demised premises or any part thereof is supplied with water through a meter through which water is also supplied to other premises Tenant has vacated the Premises shall pay to Owner, as addition rely, on the expiry first day of each month, (1) of the Term total meter charges as Tenaxx'x xortion. Independently of and in addition to any property of the Tenant remains remedies reserved to Owner hereinabove of an in or on the Premises and the Tenant fails addition to remove it within Seven (7) 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 attempt so made by the Landlord: the Landlord may as the agent any of the Tenant sell such property remedies reserved to Owner hereinabove or elsewhere in this lease, Owner may sue for and the Tenant will indemnify the Landlord against collect any liability incurred monies to be paid by it to Tenaxx xx paid by Owner for 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 Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 reason or related to the presence of the property in or on the Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinpurposes hereinbefore set forth.

Inability to Perform. This Lease and Except as expressly provided in this Lease, the obligation of the Tenant to pay the rents hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performed, and observed shall the obligation of Landlord to perform all of the covenants and agreements hereunder on the part of Landlord to be performed, will not in any manner be affected, impaired or excused because Landlord or Tenant, as the Landlord case may be, is unable to fulfil fulfill any of its obligations under this Lease expressly or impliedly to supplybe 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 supplying making any of the Service expressly repairs, additions, alterations, improvements or implied to be supplied decorations or is unable to make supply or is delayed in supplying any equipment or fixtures if fixtures, unless Landlord or Tenant, as the Landlord case may be, is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration Force Majeure or decoration delays resulting from Mortgagee’s or Superior Lessor’s requirements to grant consent (all of the foregoing, collectively, “Unavoidable Delays”); provided, however, 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 notify the other as promptly as is reasonably practicable after learning of any installations or apparatus or their damage or destruction or by reason Unavoidable Delays which prevent such party from fulfilling any of mechanical or other defects or breakdown or inclement weather conditions or shortage of fuelits obligations under this Lease, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If and after the Tenant has vacated the Premises on the expiry such initial notification promptly after request of the Term any property other party, Landlord or Tenant (as the case may be) shall notify the other party of the Tenant remains in or on status of such delay. Each party shall use all commercially reasonable efforts to mitigate the Premises and delay caused by any event of Unavoidable Delays to the Tenant fails to remove it within Seven (7) days after being requested in writing by extent reasonably commercially practicable, but without the Landlord necessity of employing overtime labor unless such party elects to do so within its sole discretion 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 other party elects to pay for such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinovertime labor.

Inability to Perform. This Lease and Except as expressly provided in this Lease, the obligation of the Tenant to pay the rents hereunder and to perform all of the other covenants and agreements hereunder on the part of the Tenant to be performed, and observed shall the obligation of Landlord to perform all of the covenants and agreements hereunder on the part of Landlord to be performed, will not in any manner be affected, impaired or excused because Landlord or Tenant, as the Landlord case may be, is unable to fulfil fulfill any of its obligations under this Lease expressly or impliedly to supplybe 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 supplying making any of the Service expressly repairs, additions, alterations, improvements or implied to be supplied decorations or is unable to make supply or is delayed in supplying any equipment or fixtures if fixtures, unless Landlord or Tenant, as the Landlord case may be, is prevented or delayed in from so doing by reason of necessary repairs replacement maintenance addition alteration Force Majeure or decoration delays resulting from Mortgagee’s or Superior Lessor’s requirements to grant consent (all of the foregoing, collectively, “Unavoidable Delays”); provided, however, 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 notify the other as promptly as is reasonably practicable after learning of any installations or apparatus or their damage or destruction or by reason Unavoidable Delays which prevents such party from fulfilling any of mechanical or other defects or breakdown or inclement weather conditions or shortage of fuelits obligations under this Lease, materials, water or labour or any other cause beyond the Landlord’s control Tenant’s property If and after the Tenant has vacated the Premises on the expiry such initial notification promptly after request of the Term any property other party, Landlord or Tenant (as the case may be) shall notify the other party of the Tenant remains in or on status of such delay. Each party shall use all commercially reasonable efforts to mitigate the Premises and delay caused by any event of Unavoidable Delays to the Tenant fails to remove it within Seven (7) days after being requested in writing by extent reasonably commercially practicable, but without the Landlord necessity of employing overtime labor unless such party elects to do so within its sole discretion 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 attempt so made by the Landlord: the Landlord may as the agent of the Tenant sell such property and the 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 other party elects to pay for such property belonged to the Tenant. if the Landlord having made reasonable efforts is unable to locate the Tenant the Landlord shall be entitled to retain such proceeds of sale absolutely unless the 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 Premises AND the Tenant hereby accepts this Lease subject to the covenants conditions provisions stipulations and agreements contained hereinovertime labor.