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
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement