Common use of CAPITAL ADDITIONS FINANCED BY LESSOR Clause in Contracts

CAPITAL ADDITIONS FINANCED BY LESSOR. If Lessee desires for Lessor to provide or arrange financing for a Capital Addition, Lessee shall request the same by providing to Lessor written notice (a “Request”), together with all information referred to in Section 10.1. Lessor may, but shall be under no obligation to, provide the funds necessary to meet the Request. Within thirty (30) days following receipt of a Request, Lessor shall notify Lessee as to whether it will finance the proposed Capital Addition, including the proposed terms thereof, and the failure of Lessor to so notify Lessee within such time period, shall be deemed to constitute Lessor’s determination that it has declined to finance the proposed Capital Addition. Lessee shall have no obligation to accept any proposed terms received from Lessor. In the event Lessor declines or is deemed to have declined to finance a proposed Capital Addition or the parties are unable to agree on the terms of any proposed financing within thirty (30) days after Lessor’s receipt of a Request, Lessee shall have the right to finance such Capital Addition in any manner it deems appropriate, subject to Section 10.2.