Failure to Open for Business Sample Clauses

Failure to Open for Business. If the Tenant fails to open the Premises for business fully fixtured, stocked and staffed by the expiry of the Fixturing Period then the Landlord, in addition to the remedies herein provided, may terminate this Lease upon not less than thirty (30) days notice to the Tenant unless the Tenant opens for business fully fixtured, stocked and staffed before the expiration of the notice.
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Failure to Open for Business. [RESERVED]
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Failure to Open for Business. Except as a result of a Force Majeure, if Tenant does not open the Premises for the conduct of its business on or before the Rent Commencement Date, then Tenant shall be in default hereunder.
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Failure to Open for Business. Concessionaire fails to Open for Business within fourteen (14) days after the Required Opening Date. Concessionaire shall cure the default within thirty (30) days after receipt of a written default notice from the City. If the cure cannot be completed within the thirty (30) day period and Concessionaire begins performing whatever may be required to correct its failure, Concessionaire can cure the default by continuing such performance as soon as practical in good faith, with all due diligence, and without interruption, except for causes beyond its control; or
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Failure to Open for Business. In the event Tenant shall fail to open its store for business within the time limit set forth in Section 4.02, then, in order to compensate Landlord for its loss, Tenant shall pay to Landlord as Additional Rental, over and above the Minimum Annual Rental and other charges to be paid by Tenant to Landlord hereunder but in lieu of any liquidated damages payable pursuant Section 16.01(b), a sum equal to one-half (1/2) times the Minimum Annual Rental which would otherwise have been due to Landlord by Tenaxx xxx Tenant opened its store for business within the time limited set forth in Section 4.02 as the "Late Opening Charge," as liquidated and agreed upon damages for each full or partial month that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided in this Lease or by law to Landlord in the event of default by Tenaxx. Xxch Additional Rental shall be deemed in lieu of any Percentage Rental that might have been earned during the period of Tenant's failure to open. Notwithstanding anything contained herein to the contrary, this Section 35.01 shall not apply to a failure to open for business occasioned by acts of force majeure.
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Failure to Open for Business. In addition to any other remedies of the Landlord, should the Tenant fail to open for business on any day during the Term of this Lease, without the Landlord's approval (other than the Tenant’s initial opening day for business at the beginning of the Term), unless such failure is caused by unavoidable delay as provided in Section 19.2, the Tenant shall pay, as liquidated damages, and not as a penalty, and in addition to any other amounts payable under this Lease an amount equal to $300.00 per day for each calendar day the Tenant is not open for business, and the parties agree that this represents a genuine pre-estimate of damages which would be suffered by the Landlord in the event of a late opening or a failure to remain open by the Tenant.
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Failure to Open for Business. In the event the Lessee fails to open the Demised Premises for business, before NA fully fixtured, stocked and staffed, Lessor shall have, in addition, to all other remedies herein provided, the right to collect from leasee not only the minimum rent and additional rent, but also a penalty at the rate of $25.00 per day for each day that Lessee shall have failed to open for business after being required by the terms of this Lease to do so.
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Failure to Open for Business. In addition to any other remedies of the Landlord, should the Tenant fail to open for business on any day during the Term of this Lease, without the Landlord's approval, unless such failure is caused by unavoidable delays as provided in Section 19.2, the Tenant shall pay, as liquidated damages, and not as a penalty, and in addition to any other amounts payable under this Lease an amount equal to four times the daily Minimum Rent for each calendar day the Tenant is not open for business, and the parties agree that this represents a genuine pre-estimate of damages which would be suffered by the Landlord in the event of a failure to open by the Tenant. Should such failure to open extend more than two weeks beyond the Commencement Date, unless such failure is caused by unavoidable delays as provided in Section 19.2, or should failure to open for business continue on a recurring basis of more than six (6) times in any 3 month period, thereafter each failure to open for business shall be considered a default and Landlord may, in its sole discretion, elect between the acceptance of liquidated damages as set out above in this section 3.4 or the termination of the Lease.
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Related to Failure to Open for Business

  • Continued Business No supplier, customer, distributor or sales agent of the Company or any subsidiary has notified the Company or any subsidiary that it intends to discontinue or decrease the rate of business done with the Company or any subsidiary, except where such discontinuation or decrease has not resulted in and could not reasonably be expected to result in a Material Adverse Effect.

  • Consolidated Total Liabilities All liabilities of the Borrower and its Subsidiaries determined on a consolidated basis in accordance with generally accepted accounting principles and all Indebtedness of the Borrower and its Subsidiaries, whether or not so classified.

  • Separate Business CAC shall not: (i) fail to maintain separate books, financial statements, accounting records and other corporate documents from those of Funding; (ii) commingle any of its assets or the assets of any of its Affiliates with those of Funding (except to the extent that CAC acts as the Servicer of the Loans); (iii) pay from its own assets any obligation or indebtedness of any kind incurred by Funding (or the Trust); and (iv) directly, or through any of its Affiliates, borrow funds or accept credit or guaranties from Funding.

  • Financial Statements; No Material Adverse Effect; No Internal Control Event (a) (i) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of Borrower and its Consolidated Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheets of Borrower and its Consolidated Subsidiaries dated August 31, 2006, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for the fiscal quarter ended on that date (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) Since the date of the Audited Financial Statements, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect. (d) To the best knowledge of Borrower, no Internal Control Event exists or has occurred since the date of the Audited Financial Statements that has resulted in or could reasonably be expected to result in a misstatement in any material respect, in any financial information delivered or to be delivered to Agent or Lenders, of (i) covenant compliance calculations provided hereunder or (ii) the assets, liabilities, financial condition or results of operations of Borrower and its Subsidiaries on a consolidated basis. (e) The forecasted balance sheet and statements of income and cash flows of Borrower and its Consolidated Subsidiaries delivered pursuant to Section 6.01(c) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, Borrower’s best estimate of its future financial condition and performance.

  • DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the State.

  • Professional Development; Adverse Consequences of School Exclusion; Student Behavior The Board President or Superintendent, or their designees, will make reasonable efforts to provide ongoing professional development to Board members about the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates, i.e., Senate Bill 100 training topics. The Board will conduct periodic self-evaluations with the goal of continuous improvement. New Board Member Orientation The orientation process for newly elected or appointed Board members includes:

  • Financial Statements; No Material Adverse Effect (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of the Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of the Borrower and its Consolidated Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheet of the Borrower and its Subsidiaries dated March 31, 2018, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for the fiscal quarter ended on that date (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present the financial condition of the Borrower and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) Since the date of the Audited Financial Statements, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect; provided that, any determination of the existence of a Material Adverse Effect (solely, for purposes of any determination under clause (a) of the definition of Material Adverse Effect under this Section 5.05(c)) made with respect to any portion of the period commencing on the Second Amendment Effective Date through June 30, 2021, shall exclude any event or circumstance resulting from the COVID-19 pandemic to the extent such event or circumstance has been publicly disclosed by the Borrower in its securities filings or disclosed in writing by the Borrower to the Administrative Agent and the Lenders prior to the Second Amendment Effective Date, and the scope of such adverse effect is no greater than that which has been disclosed. (d) The consolidated forecasted balance sheet and statements of income and cash flows of the Borrower and its Subsidiaries delivered pursuant to Section 6.01(c) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, the Borrower’s best estimate of its future financial condition and performance. (e) Schedule 5.05 sets forth all material indebtedness and other liabilities, direct or contingent, of the Borrower and its Subsidiaries not included in such financial statements, including liabilities for taxes, material commitments and Indebtedness.

  • Certification as Small Contractor or Minority Business Enterprise This paragraph was intentionally left blank.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that Xxxxx has materially breached this IA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Certified and Minority Business Enterprises Reports Upon Customer request, the Contractor shall report to the requesting Customer the Contractor’s spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer’s orders. These reports shall include the period covered, the name, minority code, and Federal Employer Identification Number of each minority business utilized during the period; commodities and services provided by the minority business enterprise, and the amount paid to each minority business enterprise on behalf of the Customer.

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