Common use of Unavoidable Events Clause in Contracts

Unavoidable Events. If at any time during the Term of this ------------------ Lease, the Facility is rendered Unsuitable For Its Primary Intended Use for a period in excess of 180 consecutive days by reason of one or more of the following events (each, an "Unavoidable Event"): ------------------ (a) the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property or any portion thereof, including without limitation any such prohibition or restriction resulting from Legal Requirements (excepting any such prohibition or restriction caused by the actions, negligence or intentional misconduct of Tenant); (b) the interference with Tenant's use of the Leased Property or any portion thereof by any Person having a paramount right, title or interest in the Leased Property (excepting any such interference caused by the actions, negligence or intentional misconduct of Tenant); (c) declared or undeclared war, sabotage, riot or other acts of civil disobedience, or the acts or omissions by governmental agencies; or (d) the interference with Tenant's use of the Leased Property or any portion thereof caused by the actions, negligence or intentional misconduct of Landlord or caused by the default or breach of any of Landlord's representations or warranties hereunder; then Tenant shall have the right to terminate this Lease by giving Landlord written notice of such termination. The effective date of such termination shall be 90 days after Landlord's receipt of said written notice of termination; provided, however, if Landlord elects to remedy or remove the restrictions or interferences referenced above or otherwise correct or restore the Facility and within said 90 day period the Facility is made suitable for its Primary Intended Use, Tenant's election to terminate the Lease shall be deemed rescinded and the Lease shall remain in full force and effect. During the period in which the Facility is rendered Unsuitable For Its Primary Intended Use as a result of an Unavoidable Event, the Base Rent shall be deemed to be zero and Tenant's payment of Rent shall consist only of the payment of Additional Rent in accordance with Section 9 of the Basic Lease Provisions and Additional Charges as required by --------- the Detailed Lease Provisions. This Article 20 shall not limit or restrict ---------- Tenant's rights or obligations under Article 14 of this Lease. ----------

Unavoidable Events. If at any time during the Term of this ------------------ Lease, ------------------ the Facility is rendered Unsuitable For Its Primary Intended Use for a period in excess of 180 consecutive days by reason of one or more of the following events (each, an "Unavoidable Event"): ----------------------------------- (a) the lawful or unlawful prohibition of, or restriction upon, Tenant's use of the Leased Property or any portion thereof, including without limitation any such prohibition or restriction resulting from Legal Requirements (excepting any such prohibition or restriction caused by the actions, negligence or intentional misconduct of Tenant); (b) the interference with Tenant's use of the Leased Property or any material portion thereof by any Person having a paramount right, title or interest in the Leased Property (excepting any such interference caused by the actions, negligence or intentional misconduct of Tenant); (c) declared or undeclared war, sabotage, riot or other acts of civil disobedience, or the acts or omissions by governmental agencies; or (d) the interference with Tenant's use of the Leased Property or any material portion thereof caused by the actions, negligence or intentional misconduct of Landlord or caused by the default or breach of any of Landlord's representations or warranties hereunder; then Tenant shall have the right to terminate this Lease by giving Landlord written notice of such terminationtermmation. The effective date of such termination shall be 90 days after Landlord's receipt of said written notice of termination; provided, however, if Landlord elects to remedy or remove the restrictions or interferences referenced above or otherwise correct or restore the Facility and within said 90 day period the Facility is made suitable for its Primary Intended Use, Tenant's election to terminate the Lease shall be deemed rescinded and the Lease shall remain in full force and effect. During the period in which the Facility is rendered Unsuitable For Its Primary Intended Use as a result of an Unavoidable Event, the Base Rent shall be deemed to be zero and Tenant's payment of Rent shall consist only of the payment of Additional Rent in accordance with Section 9 of the Basic Lease Provisions and Additional Charges as required by --------- the Detailed Lease Provisions. This Article 20 shall not limit or restrict ---------- Tenant's rights or obligations under Article 14 of this Lease. ----------