Late Opening definition
Examples of Late Opening in a sentence
Provided that the City is not the cause of such delay, the City shall not be obligated to pay Late Opening Charges to Club or BSD or to pay any other damages for delay to Club or BSD, it being agreed that the sole source for payment of Late Opening Charges shall be the Contractor pursuant to the Venue Construction Contract.
In its sole discretion, the Named Fiduciary and Plan Administrator shall then review the second claim and provide a written decision within 60 days of receipt of such claim.
Provided that the City is not the cause of such delay, the City shall not be obligated to pay Late Opening Charges to Club or BSD or to pay any other damages for delay to Club or BSD, it being agreed that the sole source for such payment of Late Opening Charges shall be the Contractor pursuant to the Venue Construction Contract.
The Parties expressly agree that (i) Club’s rights under Section 12.2.2 (a) through (c) shall be subject to the terms and provisions of Section 6.4.4 that limit Club’s damages in the event of a delay to achieve Substantial Completion by the Substantial Completion Deadline to the Club Late Opening Charges and (ii) the remedies available to Club under Section 12.2.2(d) above shall not be limited by the provisions of Section 6.4.4.
Any such Late Opening Charges received by Club from Contractor shall reduce the Club Late Opening Charges due from City, dollar-for-dollar.
Upon execution of the Venue Construction Contract, City’s liability to Club and BSD for City’s failure to achieve Substantial Completion of the Venue Improvements Work on or before the Substantial Completion Deadline shall be limited to Club’s and BSD’s right to receive the Late Opening Charges.
Section 2.01 Premises 10 Section 2.02 Conditions Of Grant 10 Section 2.03 Commencement And Ending Date Of Term 10 Section 2.04 Holding Over 10 Section 2.05 Late Opening 10 ARTICLE III.
If the Boutique Hotel and Entertainment Venue attain Operations Commencement within 120 days of the Gaming Area of the Permanent Facility attaining Operations Commencement (the “Redemption Period”), then the accrued Late Opening Fee shall be fully waived and reduced to zero.
Therefore, in the event Contractor shall fail to open for business in the Premises on or before the Latest Rental Commencement Date, Airports Authority may charge Contractor and Contractor shall pay to Airports Authority within 5 days of demand thereof, as liquidated damages and not as a penalty, the amount of two hundred fifty dollars ($250) per day for each day Contractor delays its initial opening after the Latest Rental Commencement Date (the "Late Opening Period").
The liquidated damages provided in (b) above reduced by any Late Opening Charges received from Contractor shall be Club’s sole and exclusive remedy for damages due to City’s delay in the Substantial Completion of the Venue.