Incremental Move-In Costs Sample Clauses

Incremental Move-In Costs. The Developer shall keep the County regularly apprised as to the date on which the Developer reasonably expects the Occupancy Readiness Date to occur. Not later than 60 days prior to the Scheduled Occupancy Readiness Date, the Developer shall notify the County in writing as to the date on which the Occupancy Readiness Date is definitively expected to occur. The County may rely on such notice in planning its move- in activities. If the proposed Occupancy Readiness Date is earlier than the Scheduled Occupancy Readiness Date, the County shall notify the Developer within 30 days as to whether it intends to take occupancy on such proposed Occupancy Readiness Date. If the Developer fails to achieve Occupancy Readiness by the proposed Occupancy Readiness Date (as such proposed Occupancy Readiness Date may be extended on account of Supervening Events) and the County incurs additional incremental direct, arm’s length out of pocket costs as a result of reliance on the proposed Occupancy Readiness Date (such costs to be reasonably incurred and evidenced to the Developer through reasonable substantiation of costs related to the move of court personnel and equipment into the Courthouse), the Developer shall pay such costs to the County. If the proposed Occupancy Readiness Date is earlier than the Scheduled Occupancy Readiness Date and the County does not notify the Developer that it intends to take occupancy on such proposed Occupancy Readiness Date, then the Developer shall not incur any liability under this Section unless and until the actual Occupancy Readiness Date occurs after the Scheduled Occupancy Readiness Date. Notwithstanding anything contained in this Project Agreement, the liability of the Developer under this subsection shall not exceed $3,400per day.