LATE OPENING Clause Samples
The Late Opening clause establishes the consequences and procedures if a party fails to open a facility, business, or project by a specified deadline. Typically, this clause outlines the obligations of the responsible party, any penalties or damages that may be incurred due to the delay, and the process for notifying the other party of the late opening. Its core function is to allocate risk and provide a clear framework for addressing delays, thereby protecting the interests of the party expecting timely performance.
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LATE OPENING. 1. On a "late opening" the district will attempt to notify employees if there is an adjustment in starting hours.
2. An employee required to report at their regular time shall be compensated at their hourly rate for the hours worked during the delay in addition to their regular daily wage. The total number of hours of additional pay cannot exceed the length of the delay.
3. Employees may be expected to report at their regular reporting time andwork their regular shift without additional compensation, when their regular reporting time occurs on or after the late opening.
LATE OPENING. Except for delays, as described in Article XVI and provided that Tenant has been given the sixty (60) day Fixturing Period, in the event Tenant shall fail to open its store for business to the public upon the Commencement Date, then in order to compensate Landlord for its loss, Tenant shall pay to Landlord as additional rent (as defined in Section 2.3) over and above the Minimum Rent and all other charges to be paid by Tenant to Landlord pursuant to this Lease, a sum in an amount equal to One Hundred and 00/100ths Dollars ($100.00) per day for the Commencement Date and each day after the Commencement Date that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided for in this Lease in the event of such failure to open. Such additional late opening rent shall be deemed to be in lieu of any Percentage Rent that might have been earned during the period of Tenant's failure to open.
LATE OPENING. In the event Tenant shall fail to open its store for business to the public upon the Commencement Date for reasons other than Delays, as described in Article XVI, or delays created by Landlord, then in order to compensate Landlord for its loss, Tenant shall pay to Landlord as additional rent (as defined in Section 2.3) over and above the Minimum Rent and all other charges to be paid by Tenant to Landlord pursuant to this Lease, a sum in an amount equal to [***] per day for the Commencement Date and each day after the Commencement Date that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided for in this Lease in the event of such failure to open. Such additional late opening rent shall be deemed to be in lieu of any Percentage Rent that might have been earned during the period of Tenant's failure to open.
LATE OPENING. Except as otherwise provided in Section 26.04, if Concessionaire fails to open for business in each of the location Premises by the dates identified in Exhibit B, Construction Phase-In Schedule and MAG Commencement, and such failure shall be due to the fault of Concessionaire including, but not limited to, obtaining approval from the Director of the Concessionaire’s plans to construct the Premises and obtaining any permits or certificates from the City, then the parties agree that it is and will be impracticable to determine the actual damages suffered by the City. The schedule in Exhibit B shall be adjusted for delays caused by City for: (a) City’s failure to timely approve or provide comments to Concessionaire’s plans within 45 days after submittal by Concessionaire; provided, however, such plans strictly meet the requirements set forth in this Agreement and the construction requirements referred to herein; or
LATE OPENING. 7 In the event Tenant shall fail to open its store for business by the Rental Commencement Date, 8 the parties agree that it is and will be impracticable and extremely difficult to determine the actual 9 damages suffered by Landlord. Therefore, the parties have agreed that in order to compensate Landlord 10 for its loss, Tenant shall pay to Landlord as Additional Rent, upon demand, the sum of $250.00 per day 11 for each day Tenant delays its initial opening in accordance with Section 1.02 above, after and including 12 the Rental Commencement Date. This remedy shall be in addition to any and all other remedies provided 13 in this Lease or by law to Landlord in the event of default by ▇▇▇▇▇▇. Such Additional Rent shall be 14 deemed to be in lieu of Percentage Rental only (as that term is defined in Section 2.02) that might have 15 been earned during the period of ▇▇▇▇▇▇'s failure to open. The amount has been determined based upon 16 numerous considerations including the fact that ▇▇▇▇▇▇▇▇ will have expended considerable sums of 17 money in reliance upon and based upon Tenant opening for business on the Rental Commencement Date. 19 ARTICLE II 20 21 RENTAL
LATE OPENING. In the event Tenant shall fail to open its store for business with the public within thirty (30) days following the Commencement Date, then, except to the extent such failure is due to delays of the sort described in Article XVII below, in order to compensate Landlord for its loss, Tenant shall pay to Landlord as additional rent (as defined in Section 3.3 below), over and above the Minimum Rent and all other charges to be paid by Tenant to Landlord pursuant to this Lease, a sum equal to $400 per day for each day after the Commencement Date that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided for in this Lease in the event of such failure to open. Such additional late opening rent shall be deemed to be in lieu of any Percentage Rent that might have been earned during the period of Tenant's failure to open.
LATE OPENING. Airports Authority and Contractor agree that Contractor's failure to open the Premises on the Rental Commencement Date will result in damages which are difficult to ascertain in light of operational, scheduling and public service factors. Therefore, in the event Contractor shall fail to open for business in the Premises on or before the Latest Rental Commencement Date, Airports Authority may charge Contractor and Contractor shall pay to Airports Authority within 5 days of demand thereof, as liquidated damages and not as a penalty, the amount of two hundred fifty dollars ($250) per day for each day Contractor delays its initial opening after the Latest Rental Commencement Date (the "Late Opening Period"). Such Additional Rent shall be deemed to be in lieu of Percentage Rent only that might have been earned during the period of Contractor's failure to open. These remedies for a late opening shall be in addition to any other remedies provided in this Lease or by law to Airports Authority in the event of default by Contractor. Notwithstanding anything to the contrary in this Section 2.3, a Late Opening Period shall not include any periods of delay which are the result of the action or failure to act of Airports Authority (an "Airports Authority Delay") or are the result of an event of Force Majeure (as defined herein), provided that Contractor has notified Airports Authority within five (5) days of the occurrence of any such Airports Authority Delay or event of Force Majeure.
LATE OPENING. 11 Section 2.06 VACANT PREMISES. 12
LATE OPENING. In the event Tenant shall fail to open its store for business by the Rental Commencement Date, the parties agree that it is and will be impracticable and extremely difficult to determine the actual damages suffered by Landlord. Therefore, the parties have agreed that in order to compensate Landlord for its loss, Tenant shall pay to Landlord as Additional Rent, upon demand, the sum of Five Hundred Dollars ($500.00) per day for each day Tenant delays its initial opening in accordance with Section 1.02 above, after and including the Rental Commencement Date. 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 Tenant. Such Additional Rent shall be deemed to be in lieu of Percentage Rental only (as that term is defined in Section 2.02) that might have been earned during the period of Tenant's failure to open. The amount has been determined based upon numerous considerations including the fact that Landlord will have expended considerable sums of money in reliance upon and based upon Tenant opening for business on the Rental Commencement Date.
LATE OPENING. If conditions are hazardous enough to warrant a late opening, employees should watch the local ABC affiliate WLOS-TV (Channel 13) or listen to WWNC-Radio (570 kHz) for an announcement. Employees may also access the NCDC website or dial the Center’s customer service number (▇▇▇-▇▇▇-▇▇▇▇, press “8”) for a recording that will indicate the Center’s operation hours.