Common use of PER DAY Clause in Contracts

PER DAY. For each day that Tenant fails to remit the Acknowledgment of Subordination, commencing on the fifth (5th) business day after Tenant’s receipt of the Second Subordination Notice, Tenant shall pay a late fee of One Hundred Dollars ($100) per day until the day on which Tenant remits the estoppel certificate as set forth herein. Furthermore, Tenant shall be liable to Landlord for any and all damages caused by Tenant’s delinquency which results in delays to the closing of such mortgage or other financing activity. Landlord shall use commercially reasonable efforts to deliver to Tenant a recordable fully-executed subordination, non-disturbance and attornment agreement (“SNDA”), on the current Landlord’s Mortgagee’s form, within sixty (60) days following the date of the full execution of this Lease. Thereafter, Landlord shall deliver a recordable, fully-executed SNDA from any future Landlord’s Mortgagee. Any costs associated with the negotiation of Landlord’s Mortgagee’s standard form SNDA shall be at Tenant’s sole cost and expense.

Appears in 2 contracts

Sources: Commercial Industrial Lease Agreement (Li-Cycle Holdings Corp.), Commercial Industrial Lease Agreement (Li-Cycle Holdings Corp.)