Common use of Without Fault Clause in Contracts

Without Fault. Should Tenant secure its Permits and Approvals but, then suffer a loss thereof, but only if such loss arises by reason of either a loss of local zoning approval or a revocation or loss of any of the Permits and Approvals, and such occurrence arises through no fault, no inaction, no omission, and no other conduct or action of Tenant which conduct or action is in breach of this Lease or breach by Tenant of the State rules and regulations and laws which govern under the Permits and Approvals, such event shall be called an “Excused Loss of Approvals”. In case of an Excused Loss of Approvals, Tenant shall immediately notify Landlord in writing upon receipt of written notice of same and Tenant may thereafter at any time until such lost Permits and Approvals have been re-secured, terminate this Lease upon delivery of written notice of such termination (an “Excused Termination”); provided, such an Excused Termination shall not be effective until the ninetieth (90th) day after the giving of written notice of such termination unless Landlord elects for such Excused Termination to be effective sooner (including retroactively to the date of such loss). An Excused Termination shall be deemed and treated as though the Lease had been thereby automatically amended to establish such termination date as the date of natural expiration of the Term without renewal, extension or other option exercise (with any previously exercised option automatically thereby deemed withdrawn).

Without Fault. Should Tenant secure its Permits and Approvals but, then suffer a loss thereof, but only if such loss arises by reason of either a loss of local zoning approval or a revocation or loss of any of the Permits and Approvals, and such occurrence arises through no fault, no inaction, no omission, and no other conduct or action of Tenant which conduct or action is in breach of this Lease or material breach by Tenant of the State rules and regulations and laws which govern under the Permits and ApprovalsMarijuana Code, such event shall be called an “Excused Loss of Approvals”. .” In case of an Excused Loss of Approvals, Tenant shall immediately notify Landlord in writing upon receipt of written notice of same and Tenant may thereafter at any time until such lost Permits and Approvals have been re-secured, terminate this Lease upon delivery of written notice of such termination (an “Excused Termination”); provided, such an Excused Termination shall not be effective until the ninetieth (90th) day after the giving of written notice of such termination unless Landlord elects for such Excused Termination to be effective sooner (including retroactively to the date of such loss). An Excused Termination shall be deemed and treated as though the Lease had been thereby automatically amended to establish such termination date as the date of natural expiration of the Term without renewal, extension or other option exercise (with any previously exercised option automatically thereby deemed withdrawn).