Common use of Failure to Conduct Business Clause in Contracts

Failure to Conduct Business. For the purpose of determining rental loss damages or Percentage Rent, in the event Tenant shall fail to conduct its business at the Leased Property for its Primary Intended Use, exact damages or the amount of Percentage Rent being unascertainable, the Percentage Rent for such period shall be deemed to by an amount reasonably determined by Landlord.

Failure to Conduct Business. For the purpose of determining rental loss damages or Percentage Rent, in the event if Tenant shall fail fails to conduct its business at upon the Leased Property for its Primary Intended UseProperty, and thereby causes the exact damages or the amount of Percentage Rent being to be unascertainable, the Percentage Rent for such period shall be deemed to by an amount reasonably determined by Landlordbe the Percentage Rent during the immediately preceding Fiscal Year during which Percentage Rent accrued.