MATTER COVERED BY THE
FOREGOING INDEMNITY. THE PROVISIONS OF THIS SECTION 17.2 SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS LEASE.
17.3.
FORCE MAJEURE.
WHENEVER A PARTY IS REQUIRED TO
PERFORM AN ACT UNDER THIS LEASE BY A CERTAIN TIME, SUCH TIME SHALL BE DEEMED
EXTENDED SO AS TO TAKE INTO ACCOUNT EVENTS OF "FORCE MAJEURE," SO LONG AS NOTICE
OF THE SPECIFIC EVENT CREATING THE FORCE MAJEURE AND THE ESTIMATED DELAY
RESULTING FROM SUCH EVENT IS PROVIDED TO THE OTHER PARTY WITHIN TEN (10) DAYS OF
SUCH PARTY HAVING BECOME AWARE OF SUCH EVENT.
"FORCE MAJEURE" IS ANY OF THE
FOLLOWING EVENTS THAT PREVENTS, DELAYS, RETARDS OR HINDERS A PARTY'S
22
PERFORMANCE OF ITS DUTIES HEREUNDER: ACT OF GOD; FIRE; EARTHQUAKE; FLOOD;
EXPLOSION; WAR; INVASION; INSURRECTION; RIOT; MOB VIOLENCE; SABOTAGE; VANDALISM;
INABILITY TO PROCURE OR GENERAL SHORTAGE OF LABOR, EQUIPMENT, FACILITIES,
MATERIALS OR SUPPLIES IN THE OPEN MARKET; FAILURE OF TRANSPORTATION; STRIKES;
LOCKOUTS; REQUISITION; CONDEMNATION; GOVERNMENTAL, CIVIL, MILITARY OR NAVAL
AUTHORITIES; OR ANY OTHER CAUSE NOT WITHIN SUCH PARTY'S CONTROL.
NOTWITHSTANDING ANYTHING IN THIS LEASE TO THE CONTRARY, A PARTY'S LACK OF, OR
INABILITY TO PROCURE, MONIES TO FULFILL ITS COMMITMENTS AND OBLIGATIONS UNDER
THIS LEASE SHALL NOT CONSTITUTE FORCE MAJEURE.
FORCE MAJEURE SHALL NOT APPLY TO
THE OBLIGATION TO PAY RENT BY TENANT.
18.
DAMAGE OR DESTRUCTION.
18.1.
NOTIFICATION AND REPAIR.
TENANT SHALL GIVE PROMPT
NOTICE TO LANDLORD AND AGENT OF (A) ANY FIRE OR OTHER CASUALTY TO THE PREMISES
OR THE PROPERTY, AND (B) ANY DAMAGE TO OR DEFECT IN ANY PART OR APPURTENANCE OF
THE PROPERTY'S SANITARY, ELECTRICAL, HVAC, ELEVATOR OR OTHER SYSTEMS LOCATED IN
OR PASSING THROUGH THE PREMISES OR ANY PART THEREOF.
SUBJECT TO THE PROVISIONS
OF SECTION 18.3 BELOW, IF EITHER OR BOTH OF THE PROPERTY AND THE PREMISES IS
DAMAGED BY FIRE OR OTHER INSURED CASUALTY, LANDLORD SHALL REPAIR (OR CAUSE AGENT
TO REPAIR) THE DAMAGE AND RESTORE AND REBUILD THE PROPERTY AND/OR THE PREMISES
(EXCEPT FOR TENANT'S PROPERTY) WITH REASONABLE DISPATCH AFTER (X) NOTICE TO IT
OF THE DAMAGE OR DESTRUCTION AND (Y) THE ADJUSTMENT OF THE INSURANCE PROCEEDS
ATTRIBUTABLE TO SUCH DAMAGE.
SUBJECT TO THE PROVISIONS OF SECTION 18.3 BELOW,
TENANT SHALL NOT BE ENTITLED TO TERMINATE THIS LEASE AND NO DAMAGES,
COMPENSATION OR CLAIM SHALL BE PAYABLE BY LANDLORD FOR PURPORTED INCONVENIENCE,
LOSS OF BUSINESS OR ANNOYANCE ARISING FROM ANY REPAIR OR RESTORATION OF ANY
PORTION OF THE PREMISES OR OF THE PROPERTY PURSUANT TO THIS SECTION.
LANDLORD
(OR AGENT, AS THE CASE MAY BE) SHALL USE ITS DILIGENT, GOOD FAITH EFFORTS TO
MAKE SUCH REPAIR OR RESTORATION PROMPTLY AND IN SUCH MANNER AS NOT TO
UNREASONABLY INTERFERE WITH TENANT'S USE AND OCCUPANCY OF THE PREMISES, BUT
LANDLORD OR AGENT SHALL NOT BE REQUIRED TO DO SUCH REPAIR OR RESTORATION WORK
EXCEPT DURING NORMAL BUSINESS HOURS OF BUSINESS DAYS.
18.2.
RENTAL ABATEMENT.
IF (A) THE PROPERTY IS DAMAGED BY
FIRE OR OTHER CASUALTY THEREBY CAUSING THE PREMISES TO BE INACCESSIBLE OR (B)
THE PREMISES ARE PARTIALLY DAMAGED BY