Opening and Operation. In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Project Segment, Developer shall
(a) have the right and obligation to open to traffic, operate and maintain portions of the Project Segment that Developer completes where safe and necessary or advisable for traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the Project Segment that Developer completes to the extent safe and necessary to enable orderly construction of the Project. If the portion opened is to be tolled, no tolling shall commence thereon until the Service Commencement Date therefor, but the portion shall first be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence. Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Deadlines are satisfied.
Opening and Operation. 7.8.5.1 In addition to Developer’s obligations under Section 18 of the Technical Provisions, prior to the Service Commencement Date for a Toll Segment, Developer shall (a) have the right and obligation to open to traffic, operate and maintain portions of the ProjectToll Segment that Developer completes where safe and necessary or advisable for traffic circulation and (b) have the right to open to traffic, operate and maintain discrete portions of the ProjectToll Segment that Developer completes to the extent safe and necessary to enable orderly construction of the Project. If the portion opened is to be tolled, no tolling shall commence thereon until the Service Commencement Date therefor, but the portion shall first be adequately posted with signs informing the public that it is a tolled roadway and of the estimated date when tolls will commence.
7.8.5.2 Developer shall undertake early openings consistently with and in accordance with the TxDOT-approved Traffic Management Plan. No early openings shall be relevant for determining Substantial Completion, Service Commencement or Final Acceptance, or determining whether Milestone Schedule Deadlines are satisfied.
Opening and Operation. Tenant shall be required to open for business on or before the later of (i) the Commencement Date or (ii) ninety (90) days following the date on which Tenant has procured its building permit, which Tenant shall apply for promptly and diligently pursue (subject to extension for force majeure or due to Landlord delays). Should Tenant fail to open the Premises for business as and when required hereunder, then the Minimum Monthly Rental due and payable by Tenant under this Lease shall be increased to one hundred fifty percent (150%) of the scheduled Minimum Monthly Rental due and payable by Tenant hereunder for each and every day that Tenant shall fail to commence to open for business in the Premises as herein provided; provided, however, that Landlord’s acceptance of such increased Minimum Monthly Rental shall not constitute a waiver of Tenant’s default nor prevent Landlord from exercising any of its other rights and remedies under this Lease, at law or in equity. Following Tenant’s opening for business, Tenant shall thereafter have the right to cease operations. During all periods in which Tenant is operating from the Premises, Tenant shall conduct business in a first-class manner consistent with all governmental and insurance requirements and reputable business standards and practices, in good faith and in such manner that the high reputation of the Center is maintained.
