COVID-19 closure orders did not excuse Fitness’ nonperformance of its lease obligations.  The closure orders allowed commercial construction and so did not justify its stopping renovation of the leased premises as required by the lease.  The force majeure clause of the lease didn’t excuse either stopping construction or failing to pay rent as neither of those “acts” were prevented by the closure orders–even if the purpose of the construction and rent–i.e.., use of the premises as a gym–was barred by the closure orders.  For similar reasons, the temporary closure of the gym didn’t give rise to a viable impossibility, impracticality or frustration of purpose defense.