Common use of Prompt Occupancy and Use Clause in Contracts

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s damages which would result from Tenant’s violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (25%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s Tenant's occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s 's damages which would result from Tenant’s 's violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five ten percent (2510%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s Tenant's failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.

Prompt Occupancy and Use. After initially opening for business in the Premises, Tenant will occupy the Premises upon the Commencement Date and shall thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereofhereof on such days, and during such hours, as are required in Section 8.3 of this Lease with a full staff and full stock of merchandiseproducts, merchandise and goods, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: that Landlord has relied upon Xxxxxx’s Tenant's occupancy and operation in accordance with the foregoing provisions; because . Because of the difficulty or impossibility of determining Landlord’s 's damages which would result from Tenant’s 's violation of such provisionsprovisions including, including but not limited to to, damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleabilitysalability, leaseability, mortgageability and or economic valuevalue of the Hotel Complex, Landlord shall be entitled to liquidated damages if it in the event Landlord elects to pursue such remedy; therefore . Therefore, as liquidated damages, for any day that Tenant does not fully comply with the provisions of this Section 8.2 and Section 8.3, which failure is not cured by the expiration of the Go-Dark Cure Period (as defined below), the Minimum Annual Monthly Rent, prorated on a daily basis, for each such day shall be increased by twenty-five one hundred percent (25100%), such increased sum representing the damages damages, which the parties agree Landlord will suffer by Xxxxxx’s Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s failure to comply with the provisions of As used in this Section 8.2. Notwithstanding anything contained , the term "Go-Dark Cure Period" shall mean five days: provided that after the first time during the Term that Tenant fails to conduct business in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no Premises as provided above for more than thirty (30) minutes eachfour consecutive days, not the Go-Dark Cure Period shall thereafter be reduced to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy days for the Premises shall not be deemed a violation remainder of this Section 8.2the Term.

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s damages which would result from Tenant’s violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (25%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. i.e., a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) % of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. Tenant shall not be required to use any mezzanine areas in the Premises. The parties agree that: Landlord has relied upon Xxxxxx’s Tenant's occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s 's damages which would result from Tenant’s 's violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by 1/365th of the previous twenty-five percent four (25%)24) month average of Monthly Rent and Percentage Rent payable by Tenant, such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s Tenant's failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease Tenant, upon ten (10) days prior written notice to the contraryLandlord, occasional de minimis failures may close up to five (i.e. a late opening or early closing by no more than thirty (305) minutes each, not to exceed more than two (2) times days per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2year.

Prompt Occupancy and Use. Tenant will occupy the Premises Bodies Exhibition upon the Bodies Exhibition Commencement Date and the Titanic Exhibition upon the Titanic Exhibition Commencement Date and the King of the World/High Tea/TBD Venue/Iceberg Bar upon the King of the World/High Tea/TBD Venue/Iceberg Bar Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business businesses permitted under Section 8.1 hereofhereof on such days, and during such hours, as are required in Section 8.3 of this Lease with a full staff and full stock of merchandisemerchandise and goods, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: that Landlord has relied upon XxxxxxTenant’s occupancy and operation in accordance with the foregoing provisions; because . Because of the difficulty or impossibility of determining Landlord’s damages which would result from Tenant’s violation of such provisionsprovisions including, including but not limited to to, damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleabilitysalability, leaseability, mortgageability and or economic valuevalue of the Hotel Complex, Landlord shall be entitled to liquidated damages if it Landlord elects to pursue such remedy; therefore . Therefore, for any day that Tenant does not fully comply in all material respects with the provisions of this Section 8.2 and Section 8.3, the Minimum Annual Monthly Rent, prorated on a daily and square foot (if less than all of the Premises are effected) basis, shall be increased during such day by twenty-five fifty percent (2550%), such increased sum representing the damages damages, which the parties agree Landlord will suffer by XxxxxxTenant’s noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon XxxxxxTenant’s failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2Section.

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) % of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s Tenant's occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s 's damages which would result from Tenant’s 's violation of such provisions, including but not limited to damages from loss of Percentage [Confidential] Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (2550%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant tenant upon Xxxxxx’s Tenant's failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.

Prompt Occupancy and Use. Subject to national holidays where the Center is not open for business or periods permitted by Landlord for Tenant to close for remodeling purposes, Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s Tenant's occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s 's damages which would result from Tenant’s 's violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five fifty percent (2550%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s Tenant's failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a an adequate full staff and adequate full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s Tenant's occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s 's damages which would result from Tenant’s 's violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and percentage rent from other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (25%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s Tenant's failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s Tenant's occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s 's damages which would result from Tenant’s 's violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (25%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s Tenant's noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s Tenant's failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained the foregoing, Tenant may temporarily cease operating its business in the Lease to the contrary, occasional de minimis failures Premises for reasonable periods as approved by Landlord (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises which approval shall not be deemed a violation unreasonably withheld) in which Tenant is carrying on remodeling activities (which includes the repair or replacement of this Section 8.2equipment), provided Tenant gives Landlord's Center manager at least ten (10) days prior notice of the anticipated dates Tenant will be closed and provided such remodeling activities have Landlord's prior approval. Rent shall not abatx xxxle Tenant is closed for remodeling.

Prompt Occupancy and Use. Tenant will occupy the Premises upon the Commencement Date and thereafter continuously operate and conduct in one hundred percent (100%) of the Premises during each hour of the entire Lease Term when Tenant is required under this Lease to be open for business the business permitted under Section 8.1 hereof, with a full staff and full stock of merchandise, using only such minor portions of the Premises for storage and office purposes as are reasonably required. The parties agree that: Landlord has relied upon Xxxxxx’s occupancy and operation in accordance with the foregoing provisions; because of the difficulty or impossibility of determining Landlord’s damages which would result from Tenant’s violation of such provisions, including but not limited to damages from loss of Percentage Rent from Tenant and other tenants, and diminished saleability, mortgageability and economic value, Landlord shall be entitled to liquidated damages if it elects to pursue such remedy; therefore for any day that Tenant does not fully comply with the provisions of this Section 8.2 the Minimum Annual Rent, prorated on a daily basis, shall be increased by twenty-five percent (25%), such increased sum representing the damages which the parties agree Landlord will suffer by Xxxxxx’s noncompliance. In addition to all other remedies, Landlord shall have the right to obtain specific performance by Tenant upon Xxxxxx’s failure to comply with the provisions of this Section 8.2. Notwithstanding anything contained in the Lease to the contrary, occasional de minimis failures (i.e. a late opening or early closing by no more than thirty (30) minutes each, not to exceed more than two (2) times per consecutive twelve (12) month period) to continuously use and occupy the Premises shall not be deemed a violation of this Section 8.2.