Common use of LATE OPENING Clause in Contracts

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. In the event Tenant shall fail to open its store for business with to the public within thirty (30) days following upon the Commencement Date, then, except to the extent such failure is due to delays of the sort described in Article XVII below, then in order to compensate Landlord for its loss, Tenant shall pay to Landlord as additional rent (as defined in Section 3.3 below), 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 $400 100 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 the 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.