The FCRHA’s Right to Terminate. Subject to the rights of a Mortgagee under Section 10.04, in the event that Final Completion has not occurred by (or, in the FCRHA’s reasonable judgment, is not contemplated to occur within) the date that is two hundred seventy (270) days after the Final Completion Date (the “Outside Final Completion Date”), the FCRHA shall have the right to terminate this Lease by providing notice to Tenant at any time after the Final Completion Date notifying Tenant (with a copy to each Mortgagee) of the FCRHA’s intent to terminate (a “Termination Notice”) if the Project has not been Substantially Completed by a date certain on or after the Outside Final Completion Date. Such Termination Notice must be provided not less than ninety (90) days prior to the Outside Final Completion Date in order to allow Tenant to complete the Initial Construction Work by the Outside Final Completion Date, or in the event such Termination Notice is sent on any date thereafter (i.e., less than ninety (90) days prior to the Outside Final Completion Date), Tenant shall have ninety (90) days from the date of such Termination Notice to achieve Final Completion. Any further delay in Final Completion resulting from Unavoidable Delays that occur after the Termination Notice is sent will not be counted in the determination of ninety (90) days (i.e., the ninety (90) day period will be further extended by the number of days of Unavoidable Delays occurring after the date of the Termination Notice). Upon expiration of said notice period, if Final Completion has not yet occurred, Tenant shall provide to the FCRHA copies of the Plans and Specifications and such other similar materials related to the Project and assign any Construction Agreements to the FCRHA for the Project that are requested by the FCRHA, and this Lease shall terminate in accordance with Article 31 of this Lease. Notwithstanding anything set forth in this Lease to the contrary, in no event will a failure by Developer to achieve Final Completion (as defined in the Development Agreement) under the Development Agreement by the Final Completion Date (as defined in the Development Agreement) be considered to be an Unavoidable Delay hereunder.
