Common use of Unavoidable Delays Clause in Contracts

Unavoidable Delays. In the event either party hereto (the "Delayed Party") shall be delayed or hindered in or prevented from the performance of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, the unforeseen application of restrictive governmental laws or regulations, riots, insurrection, war, acts of terrorism or other reason of a like nature not the fault of the Delayed Party in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided that the Delayed Party notified the other party within fifteen (15) days of the Delayed Party being informed of the occurrence of the event causing such delay. The provisions of this Section 53 shall not operate to excuse either party from the payment of any rental or other monetary sums due under the terms of this Lease.

Appears in 7 contracts

Samples: DSW Inc., 'S Agreement (Retail Ventures Inc), Landlord's Agreement (Retail Ventures Inc)

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Unavoidable Delays. In the event either party hereto (the "Delayed Party") shall be delayed or hindered in or prevented from the performance of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, the unforeseen application of restrictive governmental laws or regulations, riots, insurrection, war, acts of terrorism or other reason of a like nature not the fault of the Delayed Party in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided that the Delayed Party notified the other party within fifteen (15) days of the Delayed Party being informed of the occurrence of the event causing such delay. The provisions of this Section 53 52 shall not operate to excuse either party from the payment of any rental or other monetary sums due under the terms of this Lease.

Appears in 3 contracts

Samples: Disturbance and Attornment Agreement (Retail Ventures Inc), Retail Ventures Inc, DSW Inc.

Unavoidable Delays. In the event that either party hereto (the "Delayed Party") shall be delayed or hindered in or prevented from the performance of any act required under this Lease hereunder by reason of strikes, lockouts, labor troubles, inability to procure labor or materials, failure of power, the unforeseen application of restrictive governmental laws or regulations, riots, insurrection, war, acts of terrorism fire or other casualty or other reason of a like similar or dissimilar nature not beyond the fault reasonable control of the Delayed Party party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay, delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided that the Delayed Party notified the other party within fifteen (15) days of the Delayed Party being informed of the occurrence of the event causing such delay. The provisions of this Section 53 shall not operate to excuse either party Tenant from the prompt payment of Rent or any rental or other monetary sums due under payments required by the terms of this LeaseLease and shall not extend the Term. Delays or failures to perform resulting from lack of funds shall not be deemed delays beyond the reasonable control of a party.

Appears in 2 contracts

Samples: Center Lease (Wilshire Bancorp Inc), Lease (American Marine Recreation Inc)

Unavoidable Delays. In the event either party hereto (the "Delayed Party") shall be delayed or hindered in or prevented from the performance of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, the unforeseen application of restrictive governmental laws or regulations, riots, insurrection, war, acts of terrorism or other reason of a like nature not the fault of the Delayed Party in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided that the Delayed Party notified the other party within fifteen (15) days of the Delayed Party being informed of the occurrence of the event causing such delay. The provisions of this Section 53 shall not operate to excuse either party from the payment of any rental or other monetary sums due under the terms of this Lease.

Appears in 2 contracts

Samples: Lease (Retail Ventures Inc), DSW Inc.

Unavoidable Delays. In the event either party hereto (the "Delayed Party") shall be delayed or hindered in or prevented from the performance of any act required under this Lease by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, the unforeseen application of restrictive governmental laws or regulations, riots, insurrection, war, acts of terrorism or other reason of a like nature not the fault of the Delayed Party in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided that the Delayed Party notified the other party within fifteen (15) days of the Delayed Party being informed of the occurrence of the event causing such delay. The provisions of this Section 53 52 shall not operate to excuse either party from the payment of any rental or other monetary sums due under the terms of this Lease.

Appears in 2 contracts

Samples: Lease (Retail Ventures Inc), Lease (DSW Inc.)

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Unavoidable Delays. In the event that either party hereto (the "Delayed Party") shall be delayed or hindered in or prevented from the performance of any act required under this Lease hereunder by reason of strikes, lockouts, labor troubles, inability to procure labor or materials, failure of power, the unforeseen application of restrictive governmental laws or regulations, riots, insurrection, war, acts of terrorism fire or other casualty or other reason of a like similar or dissimilar nature not beyond the fault reasonable control of the Delayed Party party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay, delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided that . After the Delayed Party notified Rent Commencement Date the other party within fifteen (15) days of the Delayed Party being informed of the occurrence of the event causing such delay. The provisions of this Section 53 shall not operate to excuse either party Tenant from the prompt payment of Rent or any rental or other monetary sums due under payments required by the terms of this LeaseLease and shall not extend the Term. Delays or failures to perform resulting from lack of funds shall not be deemed delays beyond the reasonable control of a party.

Appears in 1 contract

Samples: Lease Agreement (Barnesandnoble Com Inc)

Unavoidable Delays. In the event that either party hereto (the "Delayed Party") shall be delayed or hindered in or prevented from the performance of any act required under this Lease hereunder by reason of strikes, lockouts, labor troubles, inability to procure labor or materials, failure of power, the unforeseen application of restrictive governmental laws or regulations, riots, insurrection, war, acts of terrorism fire or other casualty or other reason of a like similar or dissimilar nature not beyond the fault reasonable control of the Delayed Party party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay, delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay, provided that the Delayed Party notified the other party within fifteen (15) days of the Delayed Party being informed of the occurrence of the event causing such delay. The provisions of this Section 53 shall not operate to excuse either party Tenant from the prompt payment of any rental of such party’s financial obligations hereunder or any other monetary sums due under payments required by the terms of this LeaseLease and shall not extend the Term. Delays or failures to perform resulting from lack of funds shall not be deemed delays beyond the reasonable control of a party.

Appears in 1 contract

Samples: Agreement of Lease (TRAC Intermodal LLC)

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