Common use of Operating Days and Hours Clause in Contracts

Operating Days and Hours. Subject to the limitations set forth in Section 11.1 above, recognizing that it is in the interests of both Tenant and Landlord to have regulated hours of business for all of the Project, Tenant shall, commencing with the opening for business by Tenant in the Premises and for the remainder of the Lease Term, be open for business continuously with its window displays, exterior signs and exterior advertising displays adequately illuminated during all hours on all days on which Landlord, in its sole discretion, determines to open the Project for business to the public. In that connection, Tenant acknowledges and agrees that Project hours may change seasonally, and that due to regulatory requirements, hours may vary for patrons depending on patron age. If Tenant shall open late, close early or fails to be open at any time in violation of this Lease without the express written consent of Landlord, which consent Landlord may grant or withhold in its sole discretion, Landlord may assess Tenant, and Tenant shall pay the amount so assessed as Additional Rent, at the rate of Two Hundred Dollars ($200.00) per full or partial hour of Tenant's unauthorized closure; provided, however, Tenant shall not be required to pay the amount assessed to Tenant if Tenant's failure to open or to stay open resulted from a Force Majeure event. It is agreed, however, that the foregoing provisions shall be subject to the hours of operation prescribed by any governmental regulations or labor union contracts which may govern the operation or business of Landlord or Tenant.