Failure to Operate. After the Commercial Operation Date, Provider fails to operate the Project for a period of 90 days which failure is not due to equipment failure, or damage to the Project, act of governmental authority, or exercise of Provider’s rights under this Agreement, or otherwise excused by the provisions of Section 17(b) (relating to Force Majeure Events); and Provider fails to resume operation within thirty (30) days after receipt of notice from Host stating that, in Host’s reasonable determination, Provider has ceased operation of the Project, provided, however, that the cure period shall be extended by the number of calendar days during which Provider is prevented from taking curative action if Provider had begun curative action and was proceeding diligently, using commercially reasonable efforts, to complete such curative action.
Failure to Operate. If Borrowers fail to continuously operate the improvements on the Properties or any material portion thereof, as ski resorts and related purposes, other than temporary cessation in connection with making repairs and renovations pursuant to the terms of this Agreement or with the prior consent of Lender; or
Failure to Operate. The Faire will not be heled responsible should it fail to open due to an Act of God or any regulation of any public authority, civic turmoil, condition or war or any such issue. Similarly, should the Faire be forced to close due to inclement weather, no compensation shall be sought from the Faire.
Failure to Operate. In the event that FirstWorld fails to operate the Irvine Networks or otherwise provide fiber optic telecommunications service on the Irvine Networks for a consecutive period of five (5) days or more then, in addition to any other rights or remedies of Irvine hereunder and subject to the rights and remedies of any Lender under Articles 13 and 14, Irvine may until such failure is cured by FirstWorld (but shall not be obligated to) either remedy such failure directly or cause another fiber optic service provider to provide service, as an agent or contractor of Irvine, utilizing the Irvine Networks. In either such case, FirstWorld shall upon Irvine's demand bear all expenses for, or reimburse Irvine for, all costs incurred in connection
Failure to Operate. (i) any Credit Party shall fail to operate its business for any period of time which, in the aggregate, would reasonably be expected to cause a Material Adverse Effect or (ii) any Substantial Portion shall not, for any reason (including loss of an FCC License or otherwise) be operating for a period in excess of thirty (30) days. For purposes of this Section 11.1(s), “Substantial Portion” means any portion of the telecommunications system of the Credit Parties that has generated, for the most recently completed twelve-month period, in excess of 5% of the gross revenues of the Credit Parties.
Failure to Operate failure to operate any Dealer Location in the normal course of business for seven (7) consecutive calendar days;
Failure to Operate failure to operate any Dealer Location in the normal course of business for seven (7) consecutive calendar days other than due to a force majeure event, provided that within three (3) months from the seventh day of closure due to the force majeure event, Dealer shall submit a plan to Case IH detailing how Dealer shall return to operation at the affected Dealer Location, which plan must be acceptable to Case IH in its reasonable discretion;
e. Subparagraph (h) is amended to delete “or any Dealer Principal” from such section.
f. Subparagraph (k) of Section 27.4 is replaced in its entirety with the following:
Failure to Operate. The failure of Sublicensee to commence operations at a Service Area within 30 days after the applicable License’s Commencement Date shall constitute a Default. Default under this section 10.7 shall be deemed a non-curable Default for which Licensor shall have the right to terminate the License granted with respect to the applicable Facility immediately upon written notice of Default to Licensee.
Failure to Operate. AND CONTROL RA abandons or surrenders control of or fails to operate actively the business conducted under this Agreement for seven (7) or more consecutive days, except for illness, normal vacations and holidays.
Failure to Operate. Licensee acknowledges that Licensee’s failure to operate the Food Service Facility for the Licensed Use on the days and during the Minimum Hours or to comply with any material requirement of this License including, without limitation, ceasing operations during the event of any required closure will result in the Judicial Council incurring costs, expenses, and damages that are not contemplated by this License as a result of such failure or noncompliance (“Failure to Operate”). Licensee further acknowledges that the exact amounts of such costs, expenses, and damages for Licensee’s Failure to Operate are extremely difficult to ascertain. The Parties accordingly agree that Licensee shall pay to the Judicial Council on demand the sum of Two Hundred Fifty Dollars ($250) for each and every day of any Failure to Operate as liquidated damages, which sum shall be payable in addition to any other amounts due and owing under this License and in addition to without waiving any other rights or remedies available to the Judicial Council. The Parties agree that such amounts represent a fair and reasonable estimate of the costs, expenses, and damages that the Judicial Council would incur by reason of a Failure to Operate.
