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. 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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1
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
Sample 1
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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.

  • Description of Accounting Services on a Continuous Basis PFPC will perform the following accounting services with respect to each Portfolio:

  • 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.

  • Duties of Custodian with Respect to the Books of Account and Calculation of Net Asset Value and Net Income The Custodian shall cooperate with and supply necessary information to the entity or entities appointed by the applicable Board to keep the books of account of each Portfolio and/or compute the net asset value per Share of the outstanding Shares or, if directed in writing to do so by a Fund on behalf of a Portfolio, shall itself keep such books of account and/or compute such net asset value per Share. If so directed, the Custodian shall also calculate daily the net income of the Portfolio as described in the Prospectus and shall advise the Fund and the Transfer Agent daily of the total amounts of such net income and, if instructed in writing by an officer of the Fund to do so, shall advise the Transfer Agent periodically of the division of such net income among its various components. Each Fund acknowledges and agrees that, with respect to investments maintained with the Underlying Transfer Agent, the Underlying Transfer Agent is the sole source of information on the number of shares of a fund held by it on behalf of a Portfolio and that the Custodian has the right to rely on holdings information furnished by the Underlying Transfer Agent to the Custodian in performing its duties under this Agreement, including without limitation, the duties set forth in this Section 10 and in Section 11 hereof; provided, however, that the Custodian shall be obligated to reconcile information as to purchases and sales of Underlying Shares contained in trade instructions and confirmations received by the Custodian and to report promptly any discrepancies to the Underlying Transfer Agent. The calculations of the net asset value per Share and the daily income of each Portfolio shall be made at the time or times described from time to time in the Prospectus. Each Fund acknowledges that, in keeping the books of account of the Portfolio and/or making the calculations described herein with respect to Portfolio property released and delivered pursuant to Section 2.2(14), or purchased pursuant to Section 2.6(7) hereof, the Custodian is authorized and instructed to rely upon information provided to it by the Fund, the Fund’s counterparty(ies), or the agents of either of them.

  • Unrelated Business Taxable Income No Employee Plan (or trust or other funding vehicle pursuant thereto) is subject to any tax under Code Section 511.

  • 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 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 Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness.

  • Total Liabilities to Tangible Net Worth Permit or suffer the --------------------------------------- ratio of Consolidated Total Liabilities of the Company and its Subsidiaries to Consolidated Tangible Net Worth of the Company and its Subsidiaries to be greater than 2.00 to 1.00 at any time.

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