Common use of Failure of Tenant to Perform Clause in Contracts

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s damages resulting from Xxxxxx’s failure to open for business fully fixtured, stocked and staffed on the Commencement Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasability, mortgageability or economic value of the Center or Landlord’s Tract, if Tenant fails to commence Tenant’s Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of its obligations to be performed prior to the Required Completion Date, Landlord may, without notice or demand, in addition to the right to exercise any other remedies and rights herein or at law provided, collect rent from the Commencement Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, an amount equal to twenty-five percent (25%) of 1/365ths of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashion. In addition, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx fails to make timely submission of Tenant’s Plans as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusive.

Failure of Tenant to Perform. Because of the difficulty The parties recognize that it would be extremely difficult or impossibility of determining impossible to determine Landlord’s 's damages resulting from Xxxxxx’s Tenant's failure to open for business fully fixtured, stocked and staffed on the Commencement Required Completion Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleabilityleaseability, leasability, and/or mortgageability or and damage to the economic value of the Center or Landlord’s TractHotel. Accordingly, if Tenant fails to commence proceed diligently with Tenant’s 's Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Required Completion Date or to perform any of its obligations to be performed prior (except to the Required Completion Dateextent that any delay is caused by Landlord's failure to complete any material portion of Landlord's Work in a timely manner or by any unreasonable interference with Tenant's Work by Landlord's contractors, or by Landlord's failure to allow Tenant's contractors to have access to the Premises to construct Tenant's Work), such failure shall be a Tenant Event of Default and Landlord may, without on ten (10) days notice or demand, to Tenant and in addition to the right to exercise any other remedies and rights herein or at law provided, proceed with Tenant's Work using any contractor Landlord desires and making any changes or revisions to Landlord's Work required because of any delay or failure of Tenant to perform its obligations hereunder, all at Tenant's expense. In addition, Landlord shall have the right to collect rent from the Commencement Required Completion Date in an amount equal to the Minimum Annual Base Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, together with an amount equal to twenty-five fifty percent (2550%) of 1/365ths of the Minimum Annual Base Rent for each day that Tenant has failed to open for business on and after the Commencement Required Completion Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in a timely fashion. In addition, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx Tenant fails to make a timely submission of Tenant’s Plans Preliminary Submittal or to timely submit its Final Construction Documents, as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans such plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusiveexclusive and shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s damages resulting from Xxxxxx’s failure to open for business fully fixtured, stocked and staffed on the Commencement Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasability, mortgageability or economic value of the Center or Landlord’s Tract, if Tenant fails to commence Tenant’s Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of its obligations to be performed prior to the Required Completion Date, Landlord may, without notice or demand, in addition to the right to exercise any other remedies and rights herein or at law provided, collect rent from the Commencement Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, an amount equal to fifty twenty-five percent (25%) of 1/365ths of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashion. In addition, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx fails to make timely submission of Tenant’s Plans as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusive.

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s damages resulting from XxxxxxTenant’s failure to open for business fully fixtured, stocked and staffed on or before the Commencement Bodies Exhibition Required Completion Date, the Titanic Exhibit Required Completion Date and/or the King of the World/High Tea/TBD Venue/Iceberg Bar Required Completion Date including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleabilitysalability, leasabilityleaseability, mortgageability or economic value of the Center or Landlord’s TractHotel Complex, if Tenant fails to commence Tenant’s Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed in a manner consistent with the standards of a first-class resort hotel on or before the Commencement Bodies Exhibition Required Completion Date, the Titanic Exhibit Required Completion Date and/or the King of the World/High Tea/TBD Venue/Iceberg Bar Required Completion Date or to perform any of its Tenant’s obligations to be performed prior to the Bodies Exhibition Required Completion Date, the Titanic Exhibition Required Completion Date and/or the King of the World/High Tea/TBD Venue/Iceberg Bar Required Completion Date, Landlord maymay (but shall not be obligated to), upon the expiration of ten (10) days written notice to Tenant without notice cure or demandmaterial steps taken by Tenant that are reasonably likely to cause cure within a reasonable amount of time, in addition to the right to exercise any other remedies and rights herein or at law provided, (a) proceed with Tenant’s Work, at Tenant’s expense (so long as such charges are reasonable and at market rates) using any qualified and licensed contractor Landlord selects and making any changes or revisions to Tenant’s Work and/or Landlord’s Work required because of any delay or failure of Tenant to perform Tenant’s obligations hereunder, which changes or revisions shall in any event be made at Tenant’s expense (so long as such charges are reasonable and at market rates), and collect rent from the Commencement Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, ; and (b) collect an amount equal to twenty-five percent (25%) of 1/365ths 1.25/365ths of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after the Bodies Exhibition Commencement Date, the Titanic Exhibition Commencement Date and/or the King of the World/High Tea/TBD Venue/Iceberg Bar Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashion. In addition, in lieu of, or any time after proceeding as provided in sub-section (a) and (b) above, and provided that Landlord may has given Tenant an additional written notice of not less than thirty (30) days and without cure or material steps taken by Tenant that are reasonably likely to cause cure within a reasonable amount of time, terminate this Lease, in which event Landlord shall have the right Lease and pursue any remedy available to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this SectionLease, plus the cost of any alterations at law or repairs which Landlord in its sole discretion deems advisable to relet the Premisesequity. In the event that Xxxxxx Tenant fails to make timely submission of Tenant’s Plans drawings as provided in this Lease, then Landlord shall have the right, in addition to its Landlord’s other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Five Hundred and 00/100 Dollars ($100.00500.00) per calendar business day for each business day that Tenant’s Plans drawings are not so submittedsubmitted (after giving Tenant written demand which is not cured within five (5) business days thereof). For purposes of this Lease, the term “business day” shall mean each Monday thru Friday, inclusive, which is not a U.S. and/or State of Nevada designated holiday. All remedies in this Lease or at law provided shall be cumulative and not exclusive.

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s 's damages resulting from Xxxxxx’s Tenant's failure to open for business fully fixtured, stocked and staffed on by the Commencement Required Completion Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasabilityleaseability, mortgageability or economic value of the Center or Landlord’s TractCenter, if Tenant fails to commence Tenant’s 's Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Required Completion Date or to perform any of its obligations to be performed prior to the Required Completion Date, . Landlord may, without notice or demandwith notice, in addition to the right to exercise any other remedies and rights herein or at law provided, collect rent from the Commencement Required Completion Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, if Tenant shall fail to open for business in the Premises within thirty (30) days after the Required Completion Date, Tenant shall also pay to Landlord an amount equal to twenty-five percent (25%) of 1/365ths of the Minimum Annual Rent $150.00 per day for each day thereafter that Tenant has failed to open for business on and after the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashionbusiness. In addition, commencing on the thirty-first (31st) day after the Required Completion Date and provided Tenant has failed to open for business in the Premises by such date, Landlord may terminate this Leasethereafter (a) do and perform any of Tenant's Work or other obligations of Tenant hereunder, in which event at Tenant's expense, preparing such drawings and doing such things as Landlord shall have the right to recoverdeems advisable, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus collecting all of Landlord's expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx fails to make timely submission of Tenant’s Plans as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusiveexclusive and shall survive the expiration of the Lease Term or the earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall not be liable or responsible for any delays and applicable periods for performance shall be extended accordingly due to strikes, lockouts, riots, acts of God, shortages of labor or materials, national emergency, acts of a public enemy, governmental restrictions, including but not limited to, the Tenant being able to obtain all necessary governmental licenses (provided Tenant timely applies for the same and diligently pursues such license applications for approval), or any other cause or causes, whether similar or dissimilar to those enumerated, beyond Tenant's reasonable control.

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s damages resulting from Xxxxxx’s failure to open for business fully fixtured, stocked and staffed on the Commencement Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasability, mortgageability or economic value of the Center or Landlord’s Tract, if Tenant fails to commence Tenant’s Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of its obligations to be performed prior to the Required Completion Date, Landlord may, without notice or demand, in addition to the right to exercise any other remedies and rights herein or at law provided, collect rent from the Commencement Date in an amount equal to the Minimum Annual Rent (hereinafter defined) ). and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, an amount equal to twenty-five percent (25%) fifty percent (50%) of 1/365ths of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashion. In addition, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx fails to make timely submission of Tenant’s Plans as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusive.

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s 's damages resulting from Xxxxxx’s Tenant's failure to open for business fully fixtured, stocked and staffed on the Commencement Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasability, mortgageability or economic value of the Center or Landlord’s 's Tract, if Tenant fails to commence Tenant’s 's Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of its obligations to be performed prior to the Required Completion Date, Landlord may, without notice or demand, in addition to the right to exercise any other remedies and rights herein or at law provided, collect rent from the Commencement Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, an amount equal to twenty-five fifty percent (2550%) of 1/365ths l/365ths of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashion. In addition, if Tenant has not opened for business within sixty 60 days after the Required Completion Date, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx Tenant fails to make timely submission of Tenant’s 's Plans as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s 's Plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusive.

Failure of Tenant to Perform. Because of the difficulty The parties recognize that it would be extremely difficult or impossibility of determining impossible to determine Landlord’s 's damages resulting from Xxxxxx’s Tenant's failure to open for business fully fixtured, stocked and staffed on the Commencement Required Completion Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleabilityleaseability, leasability, and/or mortgageability or and damage to the economic value of the Center or Landlord’s TractHotel. Accordingly, if Tenant fails to commence proceed diligently with Tenant’s 's Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of its obligations to be performed prior to the Required Completion DateDate for any reason other than Landlord Delays, such failure shall be a Tenant Event of Default and Landlord may, without notice or demand, demand and in addition to the right to exercise any other remedies and rights herein or at law provided, proceed with Tenant's Work using any contractor Landlord desires and making any changes or revisions to Landlord's Work required because of any delay or failure of Tenant to perform its obligations hereunder, all at Tenant's expense. In addition, Landlord shall have the right to collect rent from the Commencement Required Completion Date in an amount equal to the Minimum Annual Base Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, provided that Tenant's failure is not the result of Landlord Delays or a force majeure event described in addition theretoSection 29.3 below, together with an amount equal to twenty-five fifty percent (2550%) of 1/365ths of the Minimum Annual Base Rent for each day that Tenant has failed to open for business on and after the Commencement Required Completion Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in a timely fashion. In addition, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx Tenant fails to make a timely submission of Tenant’s Plans Preliminary Submittal or to timely submit its Final Construction Documents, as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans such plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusiveexclusive and shall survive the expiration of the Lease Term or the earlier termination of this Lease.

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s 's damages resulting from Xxxxxx’s Tenant's failure to open for business fully fixtured, stocked and staffed on by the Commencement Required Completion Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasabilityleaseability, mortgageability or economic value of the Center or Landlord’s TractCenter, if Tenant fails to commence Tenant’s 's Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Required Completion Date or to perform any of its obligations to be performed prior to the Required Completion Date, Landlord may, without with notice or demand, in addition to the right to exercise any other remedies and rights herein or at law provided, collect rent from the Commencement Required Completion Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, if Tenant shall fail to open for business in the Premises within thirty (30) days after the Required Completion Date, Tenant shall also pay to Landlord an amount equal to twenty-five percent (25%) of 1/365ths of the Minimum Annual Rent $150.00 per day for each day thereafter that Tenant has failed to open for business on and after the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashionbusiness. In addition, commencing on the thirty-first (31st) day after the Required Completion Date and provided Tenant has failed to open for business in the Premises by such date, Landlord may terminate this Leasethereafter (a) do and perform any of Tenant's Work or other obligations of Tenant hereunder, in which event at Tenant's expense, preparing such drawings and doing such things as Landlord shall have the right to recoverdeems advisable, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus collecting all of Landlord's expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx fails to make timely submission of Tenant’s Plans as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusiveexclusive and shall survive the expiration of the Lease Term or the earlier termination of this Lease. Notwithstanding the foregoing, Tenant shall not be liable or responsible for any delays and applicable periods for performance shall be extended accordingly due to strikes, lockouts, riots, acts of God, shortages of labor or materials, national emergency, acts of a public enemy, governmental restrictions, including but not limited to, the Tenant being able to obtain all necessary governmental licenses (provided Tenant timely applies for the same and diligently pursues such license applications for approval), or any other cause or causes, whether similar or dissimilar to those enumerated, beyond Tenant's reasonable control.

Failure of Tenant to Perform. Because of the difficulty or impossibility of determining Landlord’s 's damages resulting from Xxxxxx’s Tenant's failure to open for business fully fixtured, stocked and staffed on the Commencement Date, including, but not limited to, damages from loss of Percentage [CONFIDENTIAL] Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasabilityleaseability, mortgageability or economic value of the Center or Landlord’s 's Tract, if Tenant fails to commence Tenant’s 's Work within the time provided above and proceed with the same diligently, or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of its obligations to be performed prior to the Required Completion Date, Landlord may, without notice or demand, in addition to the right to exercise any other remedies and rights herein or at law provided, proceed with Tenant's Work using any contractor Landlord desires and making any changes or revisions to Landlord's Work required because of any delay or failure of Tenant to perform its obligations hereunder, which changes or revisions shall in any event be made at Tenant's expense, and/or collect rent from the Commencement Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, an amount equal to twenty-five percent (25%) of 1/365ths of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashion. hereunder [CONFIDENTIAL] In addition, Landlord may UPON TEN (10) DAYS NOTICE: (a) do and perform any of the Tenant's Work or other obligations of Tenant hereunder, at Tenant's expense, preparing such drawings and doing such things as Landlord deems advisable, collecting all of Landlord's expenses pursuant to this Section and (b) either in lieu of, or at any time after proceeding as provided in sub-section (a) above, terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx Tenant fails to make timely submission of Tenant’s 's Plans as provided in this Lease, then Landlord shall have the right, in addition to its other rights and remedies as herein provided, to collect from Tenant a sum which shall be One Hundred and TWENTY-FIVE AND 00/100 Dollars DOLLARS ($100.0025.00) per calendar day for each day that Tenant’s 's Plans are not so submitted. All remedies in this Lease or at law provided shall be cumulative and not exclusive.

Failure of Tenant to Perform. Because of A. If the difficulty or impossibility of determining Landlord’s damages resulting Tenant shall at any time fail to make any payment within ten (10) days after a written request from Xxxxxx’s failure to open for business fully fixtured, stocked and staffed on the Commencement Date, including, but not limited to, damages from loss of Percentage Rent (hereinafter defined) from Tenant and other tenants, diminished saleability, leasability, mortgageability or economic value of the Center or Landlord’s Tract, if Tenant fails to commence Tenant’s Work within the time provided above and proceed with Landlord after the same diligently, shall be due or to open for business fully fixtured, stocked and staffed on or before the Commencement Date or to perform any of act on its obligations part to be made or performed prior to under the Required Completion Dateterms of this Lease within thirty (30) days after written notice from the Landlord, then the Landlord may, but shall not be obligated so to do, and without further notice to or demand upon the Tenant and without waiving or releasing the Tenant from any obligation in this Lease contained, make any such payment or perform any such act on the part of the Tenant to be made or performed as in this Lease provided. All sums so paid by the Landlord and all necessary incidental costs and expenses in connection with the performance of any such act by the Landlord, together with interest thereon at two points above the prime rate of Meridian Bank per annum from the date of making of such expenditure, shall immediately become due and be payable by the Tenant on demand. All sums which may become payable to the Landlord by Tenant, as in this subparagraph A provided, shall be deemed additional rent, and the Landlord shall have (in addition to the right to exercise any other remedies and rights herein right or at law provided, collect rent from the Commencement Date in an amount equal to the Minimum Annual Rent (hereinafter defined) and other additional rent and other amounts payable by Tenant hereunder, and, in addition thereto, an amount equal to twenty-five percent (25%) of 1/365ths remedy of the Minimum Annual Rent for each day that Tenant has failed to open for business on and after Landlord) the Commencement Date, which latter amount shall be in lieu of Percentage Rent that might have been earned had Tenant opened in timely fashion. In addition, Landlord may terminate this Lease, in which event Landlord shall have the right to recover, as liquidated damages and not as a penalty, a sum equal to the Minimum Annual Rent payable for one (1) Lease Year, plus all expenses incurred by Landlord pursuant to this Section, plus the cost of any alterations or repairs which Landlord in its sole discretion deems advisable to relet the Premises. In the event that Xxxxxx fails to make timely submission of Tenant’s Plans as provided in this Lease, then Landlord shall have the right, in addition to its other same rights and remedies in the event of the nonpayment of any such sums by the Tenant as herein provided, in the case of Default by the Tenant in the payment of the minimum rent. B. All of the remedies hereinbefore given to collect from Tenant a sum which shall be One Hundred the Landlord and 00/100 Dollars ($100.00) per calendar day for each day that Tenant’s Plans are not so submitted. All all rights and remedies in this Lease or at given to it by law provided and equity shall be cumulative and not exclusiveconcurrent. No determination of this Lease or the taking or recovering of the Premises shall deprive the Landlord of any of its remedies or actions against the Tenant for rent due at the time or which, under the terms hereof, would in the future become due as if there had been no determination, or for any and all sums due at the time or which, under the terms hereof, would in the future become due as if there had been no determination, nor shall the bringing of any action for rent or breach of covenant, or the resort to any other remedy herein provided for the recovery of rent be construed as a waiver of the right to obtain possession of the Premises.