Failure to Open for Business Sample Clauses

Failure to Open for Business. If the Tenant fails to open the Premises for business fully fixtured, stocked and staffed by the expiry of the Fixturing Period then the Landlord, in addition to the remedies herein provided, may terminate this Lease upon not less than thirty (30) days notice to the Tenant unless the Tenant opens for business fully fixtured, stocked and staffed before the expiration of the notice.
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Failure to Open for Business. [RESERVED]
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Failure to Open for Business. In addition to any other remedies of the Landlord, should the Tenant fail to open for business on any day during the Term of this Lease, without the Landlord's approval, unless such failure is caused by unavoidable delays as provided in Section 19.2, the Tenant shall pay, as liquidated damages, and not as a penalty, and in addition to any other amounts payable under this Lease an amount equal to four times the daily Minimum Rent for each calendar day the Tenant is not open for business, and the parties agree that this represents a genuine pre-estimate of damages which would be suffered by the Landlord in the event of a failure to open by the Tenant. Should such failure to open extend more than two weeks beyond the Commencement Date, unless such failure is caused by unavoidable delays as provided in Section 19.2, or should failure to open for business continue on a recurring basis of more than six (6) times in any 3 month period, thereafter each failure to open for business shall be considered a default and Landlord may, in its sole discretion, elect between the acceptance of liquidated damages as set out above in this section 3.4 or the termination of the Lease.
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Failure to Open for Business. Concessionaire fails to Open for Business within fourteen (14) days after the Required Opening Date. Concessionaire shall cure the default within thirty (30) days after receipt of a written default notice from the City. If the cure cannot be completed within the thirty (30) day period and Concessionaire begins performing whatever may be required to correct its failure, Concessionaire can cure the default by continuing such performance as soon as practical in good faith, with all due diligence, and without interruption, except for causes beyond its control; or
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Failure to Open for Business. Except as a result of a Force Majeure, if Tenant does not open the Premises for the conduct of its business on or before the Rent Commencement Date, then Tenant shall be in default hereunder.
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Failure to Open for Business. In the event Tenant shall fail to open its store for business within the time limit set forth in Section 4.02, then, in order to compensate Landlord for its loss, Tenant shall pay to Landlord as Additional Rental, over and above the Minimum Annual Rental and other charges to be paid by Tenant to Landlord hereunder but in lieu of any liquidated damages payable pursuant Section 16.01(b), a sum equal to one-half (1/2) times the Minimum Annual Rental which would otherwise have been due to Landlord by Tena▇▇ ▇▇▇ Tenant opened its store for business within the time limited set forth in Section 4.02 as the "Late Opening Charge," as liquidated and agreed upon damages for each full or partial month that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided in this Lease or by law to Landlord in the event of default by Tena▇▇. ▇▇ch Additional Rental shall be deemed in lieu of any Percentage Rental that might have been earned during the period of Tenant's failure to open. Notwithstanding anything contained herein to the contrary, this Section 35.01 shall not apply to a failure to open for business occasioned by acts of force majeure.
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Failure to Open for Business. In the event the Lessee fails to open the Demised Premises for business, before NA fully fixtured, stocked and staffed, Lessor shall have, in addition, to all other remedies herein provided, the right to collect from leasee not only the minimum rent and additional rent, but also a penalty at the rate of $25.00 per day for each day that Lessee shall have failed to open for business after being required by the terms of this Lease to do so.
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Failure to Open for Business. In addition to any other remedies of the Landlord, should the Tenant fail to open for business on any day during the Term of this Lease, without the Landlord's approval (other than the Tenant’s initial opening day for business at the beginning of the Term), unless such failure is caused by unavoidable delay as provided in Section 19.2, the Tenant shall pay, as liquidated damages, and not as a penalty, and in addition to any other amounts payable under this Lease an amount equal to $300.00 per day for each calendar day the Tenant is not open for business, and the parties agree that this represents a genuine pre-estimate of damages which would be suffered by the Landlord in the event of a late opening or a failure to remain open by the Tenant.
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Related to Failure to Open for Business

  • Continued Business No supplier, customer, distributor or sales agent of the Company or any subsidiary has notified the Company or any subsidiary that it intends to discontinue or decrease the rate of business done with the Company or any subsidiary, except where such discontinuation or decrease has not resulted in and could not reasonably be expected to result in a Material Adverse Effect.

  • Reporting of Abuse, Neglect, or Exploitation Consistent with provisions of 33 V.S.A. §4913(a) and §6903, Party and any of its agents or employees who, in the performance of services connected with this agreement, (a) is a caregiver or has any other contact with clients and (b) has reasonable cause to believe that a child or vulnerable adult has been abused or neglected as defined in Chapter 49 or abused, neglected, or exploited as defined in Chapter 69 of Title 33 V.S.A. shall: as to children, make a report containing the information required by 33 V.S.A. §4914 to the Commissioner of the Department for Children and Families within 24 hours; or, as to a vulnerable adult, make a report containing the information required by 33 V.S.A. §6904 to the Division of Licensing and Protection at the Department of Disabilities, Aging, and Independent Living within 48 hours. Party will ensure that its agents or employees receive training on the reporting of abuse or neglect to children and abuse, neglect or exploitation of vulnerable adults.

  • Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement.

  • Consolidated Total Liabilities All liabilities of the Borrowers determined on a consolidated basis in accordance with GAAP.

  • Financial Statements; No Material Adverse Effect; No Internal Control Event (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of Holdings and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of Holdings and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheet of Holdings and its Subsidiaries as at September 29, 2012, and the related consolidated statements of income or operations, and cash flows for the fiscal quarter ended on that date (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present the financial condition of Holdings and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal quarter-end or year-end adjustments. (c) Since the date of the Audited Financial Statements, except as disclosed in Holdings’ public filings with the SEC made prior to the Closing Date, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect. (d) To the best knowledge of Holdings and the Borrower, no Internal Control Event exists or has occurred since the date of the Audited Financial Statements that has resulted in or could reasonably be expected to result in a misstatement in any material respect, in any financial information delivered or to be delivered to the Administrative Agent or the Lenders, of (i) covenant compliance calculations provided hereunder or (ii) the assets, liabilities, financial condition or results of operations of Holdings and its Subsidiaries on a consolidated basis. (e) The consolidated forecasted balance sheets, statements of income and cash flows of Holdings and its Subsidiaries delivered by or on behalf of the Borrower to the Administrative Agent or the Lenders during the period prior to the Closing Date in connection with the syndication of the credit facilities evidenced by this Agreement were prepared in good faith on the basis of the assumptions stated therein, which assumptions were reasonable in light of the conditions existing at the time of delivery of such forecasts.