Failure of Tenant to Open. If Tenant fails to take possession and to open the Premises for business fully improved, fixtured, stocked and staffed by the Commencement Date, then such failure shall constitute an Event of Default and the Landlord shall have, in addition to any and all remedies herein provided, the right at its option to collect not only the Minimum Rent and additional amounts due in accordance with Article 3 hereof, but also additional rent at the rate of 1/30th of the monthly installment of Minimum Rent then due per day for each and every day that the Tenant shall fail to commence to do business; said additional rent shall be deemed to be liquidated damages for the benefit of Landlord and shall be in lieu of any Percentage Rent if applicable that might have been earned during such period of the Tenant's failure to open.
Failure of Tenant to Open. In the event that Tenant has received notice that the Leased Premises are ready for occupancy as herein defined and falls to take possession and to open the Leased Premises for business fully fixtured, stocked and staffed and commences to do business within 180 from the xxxx of delivery by Landlord, then Tenant shall be in default hereunder and the Landlord shall have the right at its option to cancel this Lease by giving Tenant notice thereof and this Lease will terminate ten (10) days after the giving of such notice.
Failure of Tenant to Open. If Tenant fails to open for business within thirty (30) days after the Lease Commencement Date, then Landlord may terminate this Lease, at Landlord’s option, and all monies paid to Landlord shall remain the property of Landlord.
Failure of Tenant to Open. In the event Landlord notifies Tenant in writing that the Premises are ready for occupancy as herein defined, and if Tenant fails to take possession on or before the Commencement Date and open the Premises for business, fully fixtured, stocked, and staffed within thirty (30) days of the Commencement Date, then Landlord shall have, in addition to any and all remedies herein provided, the right to immediately cancel and terminate this Lease.
Failure of Tenant to Open. In the event that the Tenant fails to take possession and to open the leased premises for business fully fixtured, stocked and staffed by the commencement of this Lease, then the Lessor shall have in addition to any and all remedies herein provided, the right, at its option. to collect not only the minimum rent herein provided, but all additional rents as herein provided and would have been paid by Tenant as of the commencement date of this Lease.
Failure of Tenant to Open. The Tenant represents and warrants to the Landlord that it is in possession of that part of the Premises constituting the Original Premises, the Fourth Floor Expansion Premises and the Sixth Floor Premises. The Tenant covenants to take possession of that part of the Premises constituting the Sixth Floor Expansion Premises and to open such part of the Premises for business fully fixtured, stocked and staffed no later than March 1st, 1994, and in the event that the Tenant fails to do so, then the Tenant acknowledges that the Landlord shall have the right, notwithstanding the foregoing, to collect the Minimum Rent and Additional Rent in this Lease provided for each and every day that the Tenant shall fail to commence to do business as in this Lease provided. In addition to any and all other remedies in this Lease provided, the Landlord shall have the right, at its option, to terminate this Lease upon ten (10) days notice to the Tenant of its election to do so in the event the Tenant is in default of its covenant pursuant to this Section 3.04.
Failure of Tenant to Open. In the event that Tenant fails to take possession and to open the Leased Premises for business fully improved, fixtured and staffed or fails to commence to do business on the Lease Commencement Date, then Tenant shall be in default hereunder and the Landlord shall have the right to enforce all remedies of default as provided in this Lease.
Failure of Tenant to Open. In the event landlord notifies Tenant in writing that the Premises are ready for occupancy as herein defined, and Tenant fails to take possession and open the Premises for business, fully fixtured, stocked and staffed within 60 days, then landlord shall have, in addition to any and all remedies hereinafter provided, the right to immediately cancel and terminate this lease.
Failure of Tenant to Open. In the event that the Tenant received notice that the leased premises are ready for occupancy as herein defined and fails to take possession and open the leased premises for business within 120 days thereafter, then Tenant shall be in default and the Landlord shall have the right to exercise any remedies herein provided.
Failure of Tenant to Open. If Tenant fails to take possession and to open the leased premises for business within the time herein provided, then Landlord shall have, in addition to any and all remedies herein provided, the right to collect the minimum rent herein provided for each and every day that Tenant shall fail to commence to do business as herein provided (In any event, should Tenant have failed to open the leased premises for business at the conclusion of ninety (90) days following the commencement of the term as defined in Section 1.03, then Landlord may, at its option, in addition to collecting said minimum rent, cancel and terminate this lease by giving written notice to Tenant within thirty (30) days after said ninety (90) day period.)
