NYC 9/11 Public Portal Document
proceeding pursuant to Article 7 of the Real Property Actions and Proceeding Law (“RPAPL”)
relating to an occupancy by the City of New York or its agencies or officers of the Demised
Premises which at its commencement was authorized under this Lease shall be served in manner
required by CPLR Section 311.
ARTICLE 22
FORCE MAJEURE
Landlord, Tenant or any Leasehold Mortgagee shall not be deemed in default if it is
delayed in the performance of any act, matter or thing (other than the payment of money) which it
is obligated to perform hereunder, if such delay is an "unavoidable delay". An "unavoidable
delay" shall mean (i) strikes, lockouts, or labor disputes; (ii) acts of God, governmental
restrictions, regulations or controls, enemy or hostile governmental actions, civil commotion.
insurrection, revolution, sabotage, fire, other casualty and (iii) inability to obtain materials or
other conditions similar to those enumerated in this Article. In the event of any unavoidable
delay, all dates for performance shall automatically be extended by a period equal to the aggregate
period of all such delays.
ARTICLE 23
SAVE HARMLESS
Landlord and Tenant shall each indemnify and hold harmless the other party from and
against any and all liability, fines, suits, claims, demands, expenses and actions of any kind or
nature arising by reason of injury to person or property occurring on or about the Demised
Premises, the Building, or the real property of which they form a part, occasioned in whole or in
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