Failure to Open Sample Clauses

Failure to Open. The Licensee shall be in full and complete operation with a full staff of employees on the first day of the term of this License as provided in Section B(7) of this License. If the Licensee is not in full operation on that date (except for causes wholly beyond the control of the Licensee and not involving neglect by the Licensee), this License, at the option of the State, may be terminated without notice. Upon termination, the State may re-enter the premises and obtain a new Licensee for the operation of the facilities. In addition, the State may assess liquidated damages of $50.00 per day, per facility for each day that any facility remains out of service because of non-performance by the Licensee.
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Failure to Open. In the event LESSEE shall fail to open for business, fully fixtured, stocked and staffed within sixty (60) days following the Commencement Date, LESSOR shall have, in addition to any and all remedies provided herein, the sole option to terminate this LEASE.
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Failure to Open. Failing to open for business within thirty (30) minutes of the required opening time, or closing more than thirty (30) minutes early, shall constitute a violation of this Section for which City may collect liquidated damages as set forth in Article VIII.
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Failure to Open. Unless previously authorized by the City in writing, failing to open for business by the required opening time, or closing early, shall constitute a violation of this Section for which City may collect liquidated damages as set forth in Article VIII.
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Failure to Open. The parties recognize that it would be extremely difficult or impossible to determine Landlord's damages resulting from Tenant's failure to open for business fully fixtured, stocked and staffed on the Required Completion Date, including, but not limited to, damages from loss of rent from Tenant and other tenants, diminished leaseability, and/or mortgageability and damage to the economic value of the Resort. Accordingly, if Tenant fails to proceed diligently or to open for business fully fixtured, stocked and staffed on or before the Required Completion Date, or to otherwise perform any of its obligations to be performed prior to the Required Completion Date, such failure shall be a Tenant Event of Default and Landlord may, without notice or demand and in addition to the right to exercise any other remedies and rights herein or at law provided, collect rent from the Required Completion Date in an amount equal to the minimum rent and other additional rent and other amounts payable by Tenant hereunder, together with an amount equal to fifty percent (50%) of 1/365ths of the minimum rent for each day that Tenant has failed to open for business on and after the Required Completion Date. All remedies in this Lease or at law provided shall be cumulative and not exclusive and shall survive the Termination Date.
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Failure to Open. In the event Tenant fails to open its business in the Premises within One Hundred-Twenty Days (120) days of the Commencement Date, then in order to compensate Landlord therefor, Tenant shall pay to Landlord in addition to the Minimum Monthly Rent, a sum equal to, subject to Force Mxxxxx, Twenty-Five Dollars and 00/100 ($25.00) for each day of delay in opening the Premises for business. This remedy is in addition to any and all other remedies available to Landlord in connection with this Lease. The parties agree that this represents a fair and reasonable estimate of the damage Landlord shall suffer by reason of this breach.
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Failure to Open. If Landlord notifies Tenant in writing that the Premises are ready for occupancy as hereinabove set forth, and Tenant fails to take possession and open the Premises for business, fully fixturized, stocked and staffed within 60 days from the Rent Commencement Date, Landlord shall have, in addition to any and all other remedies hereinafter provided, the right to immediately cancel and terminate this Lease. If the Premises are not completed and possession delivered to Tenant within 36 months from the date of execution hereof, then this Lease shall be deemed null and void and have no further force or effect, and there shall be no liability on the part of either party hereunder.
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Related to Failure to Open

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Report No compensation shall be granted for the total period of standby if the employee is unable to report for duty when required.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

  • Failure to Remedy If the LHIN has provided the HSP with an opportunity to remedy the breach, and:

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

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