Common use of Lessee's Failure to Achieve the Lease Effective Date Clause in Contracts

Lessee's Failure to Achieve the Lease Effective Date. (a) If the Lease Effective Date has not occurred by the Required Lease Effective Date due to the acts or omissions of Lessee (including the failure of Lessee to satisfy its conditions precedent to the Lease Effective Date set forth in Schedule 5.1) or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party or due to an Excused Event, then within ninety (90) days after the Required Lease Effective Date, Lessor may deliver to Lessee written notice of its election to terminate this Facility Lease (the "Lessor Termination Notice") or to continue this Facility Lease (the "Lessor Continuation Notice").

Lessee's Failure to Achieve the Lease Effective Date. (a) If the Lease Effective Date has not occurred by the Required Lease Effective Date due to the acts or omissions of Lessee (including the failure of Lessee to satisfy its conditions precedent to the Lease Effective Date set forth in Schedule 5.1) or the failure of Lessee to perform any of its obligations under this Facility Lease or any other Lease Document to which it is a party or due to an Excused Event, then within ninety (90) days after the Required Lease Effective Date, Lessor may deliver to Lessee written notice of its election to terminate this Facility Lease (the "“Lessor Termination Notice"”) or to continue this Facility Lease (the "“Lessor Continuation Notice"”).