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. 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. 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 Tenaxx xxx 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 Tenaxx. Xxch 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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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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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, any agent or employee of a Contractor who, in the performance of services connected with this agreement, has contact with clients or is a caregiver and who 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 make a report involving children to the Commissioner of the Department for Children and Families within 24 hours or a report involving vulnerable adults to the Division of Licensing and Protection at the Department of Disabilities, Aging, and Independent Living within 48 hours. This requirement applies except in those instances where particular roles and functions are exempt from reporting under state and federal law. Reports involving children shall contain the information required by 33 V.S.A. §4914. Reports involving vulnerable adults shall contain the information required by 33 V.S.A. §6904. The Contractor 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 Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the services and Deliverables, or otherwise fully perform its responsibilities under the Contract.

  • Consolidated Total Liabilities All liabilities of the Borrower and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles and classified as such on the consolidated balance sheet of the Borrower and its Subsidiaries.

  • Separate Business CAC shall not: (i) fail to maintain separate books, financial statements, accounting records and other corporate documents from those of Funding; (ii) commingle any of its assets or the assets of any of its Affiliates with those of Funding (except to the extent that CAC acts as the Servicer of the Loans); (iii) pay from its own assets any obligation or indebtedness of any kind incurred by Funding (or the Trust); and (iv) directly, or through any of its Affiliates, borrow funds or accept credit or guaranties from Funding.

  • 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 the Company 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 the Company and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness.

  • DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the State.

  • 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.

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Our Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance: * If, through no fault of ours, you do not have enough money in your account to make the transfer. * If the money in your account is subject to legal process or other claim restricting such transfer. * If the transfer would go over the credit limit on your overdraft line. * If the ATM where you are making the transfer does not have enough cash. * If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. * If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (000) 000-0000, or write us at R BANK,0000 X Xxxx Xxxxxx Xxxx, Xxxxx Xxxx, XX 00000 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty days after we sent the FIRST statement on which the problem or error appeared. * Tell us your name and account number (if any). * Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. * Tell us the dollar amount of the suspected error. * If you tell us orally, we may request that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point ofsale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

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