Common use of FAILURE OF OPERATOR TO CAUSE Clause in Contracts

FAILURE OF OPERATOR TO CAUSE. THE STORE TO BE OPEN FOR BUSINESS IN THE MANNER AND DURING THE HOURS AND DAYS PRESCRIBED HEREIN SHALL CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. In addition to any other remedy available to ARCO, in the event Operator fails to operate the Store during the hours and days prescribed in Section 4.01 during any calendar month during the term of this Agreement, Operator shall pay ARCO, as liquidated damages and not as a penalty, in addition to the royalty fee payable for such month, one thirtieth of the minimum monthly royalty fee for each day Operator fails to cause the Store to be open for the prescribed hours.