PROCEDURE FOR LIFTING THE RESERVATIONS Sample Clauses

PROCEDURE FOR LIFTING THE RESERVATIONS. AND FLAT-FEE PENALTIES The penalties listed in the Minutes of the Taking of Possession must be lifted within a period of 90 calendar days after the date of signature thereof, unless (i) the above-mentioned delay needs to be extended because of a Legitimate Cause for Extending the Schedule, in particular related to supply problems, or (ii) the lifting of said reservation is technically impossible or is possible only by employing steps the impact or the cost of which would be manifestly disproportionate given the impact of the subject reservation on the operation of the Leased Premises, and except special reservations for equipment that may not be tested correctly within the above-mentioned period. Following the above-mentioned period of 90 calendar days, Lessor shall owe to Lessee a fixed final indemnity of ONE HUNDRED EUROS (€ 100) per business day of delay for all non-lifted reservations, whatever the number of remaining ones. Payment of the fixed indemnities shall automatically end after an additional 90 calendar days beyond the initial period for lifting the reservations. If needed, it is specified that if an expert designated pursuant to the conditions of Article DP. 5. concluded that the refusal by Lessee to verify the Completion of Section 6 was unjustified, no late-delivery penalty shall be owed by Lessor to Lessee, and Lessee shall have to pay the rent. Upon the end of the 90 calendar day period, the lifting of reservations shall be verified by the minutes of the lifting of reservations established between the Parties or, failing that, by an expert designated in accordance with the conditions indicated below. At the end of said period of 90 calendar days, and if the reservations have not all been lifted, and following a formal claim by registered letter with return receipt requested that remains unanswered during twenty-one (21) calendar days, Lessee may, at its option, have performed by any contractor of its choice, but at Lessor’s expense, who pledges to do so, the work required for the lifting of the non-lifted reservations. Such option is offered to Lessee solely for the work associated with the lifting of reservations that will not impact the coverage of the structural damage insurance. For the lifting of reservations that may impart the structural damage insurance coverage, the Parties pledge to examine the question of such delays in order to find a satisfactory solution.
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