Force Majeure Delay. The term "Force Majeure Delay" shall mean any actual delay due to strikes, lockouts or other labor or industrial disturbances (whether or not on the part of the employees of either party hereto); civil disturbance; war or terrorism; riot; embargo; inability to secure customary supplies, materials or labor through ordinary sources by reason of regulation or order of any government or regulatory body; lightning, earthquake, fire, storm, hurricane, tornado, flood, explosion or other "act of God";
... or any other similar industry-wide or Building-wide causes beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives; provided, however, that in no event shall Force Majeure Delay include strikes, walkouts or other labor disturbances in the event that the party to this Lease claiming the benefit of Force Majeure Delay, or any of its employees, agents or affiliates, materially contributed to or provoked such strike, lockout or other labor disturbance by violating a labor contract, collective bargaining agreement or any federal or state labor law or by creating or approving a lockout. Any prevention, delay or stoppage due to Force Majeure Delay shall excuse the performance of non-monetary obligations of the party affected for a period of time equal to any such prevention, delay or stoppage; provided, however, notwithstanding the foregoing, in no event shall Force Majeure Delay excuse the failure to timely pay Rent owing under this Lease, or the failure to timely obtain insurance required under this Lease, or excuse or shorten the period of any Tenant Delay.
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