LATE OPENING. 1. On a "late opening" the district will attempt to notify employees if there is an adjustment in starting hours.
LATE OPENING. Except for delays, as described in Article XVI and provided that Tenant has been given the sixty (60) day Fixturing Period, in the event Tenant shall fail to open its store for business to the public upon the Commencement Date, then in order to compensate Landlord for its loss, Tenant shall pay to Landlord as additional rent (as defined in Section 2.3) over and above the Minimum Rent and all other charges to be paid by Tenant to Landlord pursuant to this Lease, a sum in an amount equal to One Hundred and 00/100ths Dollars ($100.00) per day for the Commencement Date and each day after the Commencement Date that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided for in this Lease in the event of such failure to open. Such additional late opening rent shall be deemed to be in lieu of any Percentage Rent that might have been earned during the period of Tenant's failure to open.
LATE OPENING. Except as otherwise provided in Section 26.04, if Concessionaire fails to open for business in each of the location Premises by the dates identified in Exhibit B, Construction Phase-In Schedule and MAG Commencement, and such failure shall be due to the fault of Concessionaire including, but not limited to, obtaining approval from the Director of the Concessionaire’s plans to construct the Premises and obtaining any permits or certificates from the City, then the parties agree that it is and will be impracticable to determine the actual damages suffered by the City. The schedule in Exhibit B shall be adjusted for delays caused by City for: (a) City’s failure to timely approve or provide comments to Concessionaire’s plans within 45 days after submittal by Concessionaire; provided, however, such plans strictly meet the requirements set forth in this Agreement and the construction requirements referred to herein; or
LATE OPENING. 7 In the event Tenant shall fail to open its store for business by the Rental Commencement Date, 8 the parties agree that it is and will be impracticable and extremely difficult to determine the actual 9 damages suffered by Landlord. Therefore, the parties have agreed that in order to compensate Landlord 10 for its loss, Tenant shall pay to Landlord as Additional Rent, upon demand, the sum of $250.00 per day 11 for each day Tenant delays its initial opening in accordance with Section 1.02 above, after and including 12 the Rental Commencement Date. This remedy shall be in addition to any and all other remedies provided 13 in this Lease or by law to Landlord in the event of default by Xxxxxx. Such Additional Rent shall be 14 deemed to be in lieu of Percentage Rental only (as that term is defined in Section 2.02) that might have 15 been earned during the period of Xxxxxx's failure to open. The amount has been determined based upon 16 numerous considerations including the fact that Xxxxxxxx will have expended considerable sums of 17 money in reliance upon and based upon Tenant opening for business on the Rental Commencement Date. 19 ARTICLE II 20 21 RENTAL
LATE OPENING. In the event Tenant shall fail to open its store for business to the public upon the Commencement Date for reasons other than Delays, as described in Article XVI, or delays created by Landlord, then in order to compensate Landlord for its loss, Tenant shall pay to Landlord as additional rent (as defined in Section 2.3) over and above the Minimum Rent and all other charges to be paid by Tenant to Landlord pursuant to this Lease, a sum in an amount equal to [***] per day for the Commencement Date and each day after the Commencement Date that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided for in this Lease in the event of such failure to open. Such additional late opening rent shall be deemed to be in lieu of any Percentage Rent that might have been earned during the period of Tenant's failure to open.
LATE OPENING. 11 Section 2.06 VACANT PREMISES. 12
LATE OPENING. Upon written notice from Company, before the Opening Date, Company may require Franchisee to pay weekly Royalty Fees and Promotional Fund Fees in the amounts of $2,900 and $480 respectively beginning on the earlier of either (i) one year from the Effective Date of this Agreement, or (ii) after the completion of 12 weeks from the date that Franchisee takes possession of the Franchise Location, unless the delay in construction or the opening of the Franchised Business is due to an event of Force Majeure.
LATE OPENING. Intentionally Deleted.
LATE OPENING. In the event Tenant shall fail to open its store for business to the public upon the Commencement Date, then in order to compensate Landlord for its loss, Tenant shall pay to Landlord as additional rent (as defined in Section 2.3) over and above the Minimum Rent and all other charges to be paid by Tenant to Landlord pursuant to this Lease, a sum in an amount equal to $100 per day for the Commencement Date and each day after the Commencement Date that Tenant shall have failed to open its store for business. This remedy shall be in addition to any and all other remedies provided for in the Lease in the event of such failure to open. Such additional late opening rent shall be deemed to be in lieu of any Percentage Rent that might have been earned during the period of Tenant's failure to open.
LATE OPENING. In the event Tenant shall fail to open its store for business by the Rental Commencement Date, the parties agree that it is and will be impracticable and extremely difficult to determine the actual damages suffered by Landlord. Therefore, the parties have agreed that in order to compensate Landlord for its loss, Tenant shall pay to Landlord as Additional Rent, upon demand, the sum of Five Hundred Dollars ($500.00) per day for each day Tenant delays its initial opening in accordance with Section 1.02 above, after and including the Rental Commencement Date. 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 Tenant. Such Additional Rent shall be deemed to be in lieu of Percentage Rental only (as that term is defined in Section 2.02) that might have been earned during the period of Tenant's failure to open. The amount has been determined based upon numerous considerations including the fact that Landlord will have expended considerable sums of money in reliance upon and based upon Tenant opening for business on the Rental Commencement Date.
