Common use of Inability to Perform Clause in Contracts

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's reasonable control.

Appears in 26 contracts

Samples: Industrial Lease (Sensar Corp /Nv/), Industrial Lease (HNC Software Inc/De), Industrial Lease (Rainbow Technologies Inc)

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Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's ’s reasonable control.

Appears in 17 contracts

Samples: Lease (Masimo Corp), Lease (Masimo Corp), Lease (AutoTrader Group, Inc.)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's reasonable control.

Appears in 12 contracts

Samples: Lease (Altris Software Inc), Lease (California Micro Devices Corp), Intest Corp

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's ’s reasonable control.

Appears in 6 contracts

Samples: Industrial Lease (Cryocor Inc), Industrial Lease (Cryocor Inc), Industrial Lease (Intralase Corp)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent rent, or either party from the timely performance of any other obligation of their respective obligations under this Lease within Tenant's such party’s reasonable control.

Appears in 3 contracts

Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or excuse either party from the timely performance of any other obligation under this Lease within Tenantsuch party's reasonable control.

Appears in 3 contracts

Samples: Lease (New Century Financial Corp), License Agreement (New Century Financial Corp), New Century Financial Corp

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or either party from the timely performance of any other obligation under this Lease within Tenant's such party’s reasonable control.

Appears in 2 contracts

Samples: Industrial Lease (Peregrine Semiconductor Corp), Industrial Lease (GoRemote Internet Communications, Inc.)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not ant operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's reasonable control.

Appears in 1 contract

Samples: Industrial Lease (Endwave Corp)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or excuse either party from the timely performance of any other obligation under this Lease within Tenant's that party’s reasonable control.

Appears in 1 contract

Samples: Lease (Sonicwall Inc)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's Tenants reasonable control.

Appears in 1 contract

Samples: Assignment of Lease (Viador Inc)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent rent, Landlord from the payment of any sums due Tenant hereunder, or either party from the timely performance of any other obligation under this Lease within Tenant's such party’s reasonable control.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the due performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's ’s reasonable control.

Appears in 1 contract

Samples: Industrial Lease (Sunpower Corp)

Inability to Perform. In Except as specifically set forth herein to the contrary, in the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or excuse Landlord or Tenant from the timely performance of any other obligation under this Lease within Tenantsuch party's reasonable control.

Appears in 1 contract

Samples: Industrial Lease (Information Management Associates Inc)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the a period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this the Section shall not operate to excuse Tenant from form the prompt payment of rent Base Rent or Additional Rent or from the timely performance of any other obligation under this Lease within Tenant's ’s reasonable control.

Appears in 1 contract

Samples: Office Space Lease (New Age Beverages Corp)

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Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or excuse Landlord or Tenant from the timely performance of any other obligation under this Lease within Tenantsuch party's reasonable control.

Appears in 1 contract

Samples: Lease (Endwave Corp)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent rent, Landlord from the payment of any sums due Tenant hereunder, or either party from the timely performance of any other obligation under this Lease within Tenantsuch party's reasonable control.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance Performance of any other obligation under this Lease within Tenant's reasonable control.

Appears in 1 contract

Samples: Industrial Lease (Oculex Pharmaceuticals Inc /)

Inability to Perform. In the event that either party shall stall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's reasonable control.

Appears in 1 contract

Samples: Lease (Molecular Devices Corp)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent rent, or either party from the timely performance of any other obligation of their respective obligations under this Lease within Tenantsuch party's reasonable control.

Appears in 1 contract

Samples: Lease (Prometheus Laboratories Inc)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease ease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's reasonable control.

Appears in 1 contract

Samples: Industrial Lease (Discovery Partners International Inc)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, other than financial inability, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent rent, nor excuse Landlord or Tenant from the timely performance of any other obligation of their respective obligations under this Lease within Tenant's such party’s reasonable control.

Appears in 1 contract

Samples: Illumina Inc

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or from the timely performance of any other obligation under this Lease within Tenant's reasonable control.

Appears in 1 contract

Samples: Industrial Lease (Newgen Results Corp)

Inability to Perform. In the event that either party shall be delayed or hindered in or prevented from the performance of any work or in performing any act required under this Lease by reason of any cause beyond the reasonable control of that party, then the performance of the work or the doing of the act shall be excused for the period of the delay and the time for performance shall be extended for a period equivalent to the period of the delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent or either party from the timely performance of any other obligation under this Lease within Tenantsuch party's reasonable control.

Appears in 1 contract

Samples: Industrial Lease (Viasource Communications Inc)

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