Liquidated Damages Date has the meaning specified therefor in Section 2.01(a)(ii) of this Agreement.
Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement.
Liquidated Damages Date means the date on which the Full Abatement Period terminates, plus the number of Force Majeure Delay Days and the number of Tenant Delay Days; and “Force Majeure Delay Days” means any delay in Landlord’s tendering possession of the Premises to Tenant for the reasons specified in Section 25.3 of this Lease. Notwithstanding the foregoing, if Landlord does not deliver the Premises to Tenant by the Delayed Delivery Termination Date (defined below), Tenant may terminate this Lease by delivering to Landlord written notice thereof at any time before the earlier of (1) ten days following the Delayed Delivery Termination Date or (2) the date on which Landlord delivers the Premises to Tenant in the condition required by this Lease. The termination right afforded to Tenant under this Section 3 shall be Tenant’s sole remedy for Landlord’s failure to timely deliver the Premises to Tenant. Time is of the essence for the delivery of Tenant’s termination notice under this Section 3; accordingly, if Tenant fails timely to deliver any such notice, Tenant’s right to terminate this Lease under this Section 3 shall expire. As used herein, “Delayed Delivery Termination Date” means 365 days after the Estimated Delivery Date. The abatement rights and termination rights afforded to Tenant under this Section 3 shall be Tenant’s sole remedies for Landlord’s failure to timely tender possession of the Premises to Tenant. By occupying the Premises, Tenant shall be deemed to have accepted the Premises in their condition as of the date of such occupancy, subject to Landlord’s completion of the Landlord Work (as defined in Exhibit D hereto) and punch-list items that remain to be performed by Landlord, if any. Upon Landlord’s request, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit E hereto confirming the Commencement Date and the expiration date of the initial Term, that Tenant has accepted the Premises, and that Landlord has performed all of its obligations with respect to the Premises (except DMWEST #36871000 v9 0 XXXXX XXXX for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Commencement Date or otherwise invalidate this Lease. Entry into the Premises by any Tenant Party prior to the Commencement Date shall be subject to all of the provisions of this Lease excepting only those requiring the payment of Basic Rent and Additional Rent and before Tenant may occupy the Premi...
Examples of Liquidated Damages Date in a sentence
Liquidated Damages shall not be owed for a period of greater than one year; provided, however, in the event that the Olympia Gathering System has not been completed by the first anniversary of the Liquidated Damages Date, Shipper may exercise the rights provided in Section 11.2(a) above.
For so long as the Registration Statement has not been declared effect by the SEC, at the end of each 60-day anniversary of the Liquidated Damages Date, the Company shall pay to each Investor an additional amount in cash, as liquidated damages and not as a penalty, equal to 1% of the aggregate purchase price paid by such Investor pursuant to this Agreement.
In the event that the Registration Statement has not been declared effective by the SEC on or before the date (the "Liquidated Damages Date") that is 90 days after the date on which the Registration Statement is initially filed with the SEC, the Company shall pay to each Investor an amount in cash, as liquidated damages and not as a penalty, equal to 1% of the aggregate purchase price paid by such Investor pursuant to this Agreement.
Liquidated Damages shall not be owed for a period of greater than one year; provided, however, in the event that the Magnolia Gathering System has not been completed by the first anniversary of the Liquidated Damages Date, Shipper may exercise the rights provided in Section 11.2(a) above.
As used herein, "Liquidated Damages Date" means the next succeeding date after the Estimated Delivery Date, plus the number of Tenant Delay Days, if any and the number of Force Majeure Delay Days (as defined in EXHIBIT D hereto), such Force Majeure Delay Days not to exceed 60 days for purposes of determining the Liquidated Damages Date.
More Definitions of Liquidated Damages Date
Liquidated Damages Date means, with respect to (i) any Warrant Unit Registration Statement, the date on which the Warrants become exercisable for Common Units pursuant to the terms thereof, (ii) any Conversion Unit Registration Statement, the date on which the Series A Preferred Units become convertible into Common Units pursuant to the terms of the Partnership Agreement (or, with respect to Common Units issuable upon redemption, the date of such redemption) and (iii) any Preferred Unit Registration Statement, the applicable Target Effective Date.
Liquidated Damages Date is defined in Section 5.3.
Liquidated Damages Date means, with respect to (i) any Warrant Unit Registration Statement, the date on which the Warrants become exercisable for Common Units pursuant to the terms thereof, (ii) any Conversion Unit Registration Statement, the date on which the Series A Preferred Units become convertible into Common Units pursuant to the terms of the Partnership
Liquidated Damages Date means:-
1.58.1 in the case of Office Floors 11—16 (inclusive), 1 January 2009 as extended day for day by Force Majeure and Tenant’s Delay agreed or determined in accordance with Clause 4.2.3; and
1.58.2 in the case of Office Floor 17, 1 January 2010 as extended day for day by Force Majeure and Tenant’s Delay agreed or determined in accordance with Clause 4.2.3
Liquidated Damages Date means the Estimated Delivery Date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days. As used herein, "FORCE MAJEURE DELAY DAYS" means any delay in achieving Substantial Completion with respect to the Work due to the events specified in Section 25.(c) of this Lease provided such events are not reasonably (i) foreseeable and (ii) preventable, by Landlord. If this Lease is terminated by Tenant pursuant to this Section 3.(b)(2), Landlord shall refund to Tenant the first monthly installment of Basic Rent delivered to Landlord pursuant to Section 4.(a) and reimburse Tenant for all reasonable architectural and attorney fees incurred by Tenant in connection with this Lease and the Working Drawings, up to a maximum of $75,000, within 30 days after delivery to Landlord of a statement of such costs.
Liquidated Damages Date means 30 days after the Estimated Suite 800 Delivery Date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days (as defined in Amendment No. 2), and “Treble Liquidated Damages Date” means 90 days after the Estimated Suite 800 Delivery Date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days.
Liquidated Damages Date means ten business days after the applicable estimated delivery date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days, “Treble Liquidated Damages Date” means thirty days after the applicable estimated delivery date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days, “Delivery Termination Date” means 120 days after the applicable estimated delivery date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days, and “Force Majeure Delay Days” means any delay in tendering possession of the Second Expansion Premises for the reasons specified in Section 25.3 of the Original Lease. Should Tenant timely exercise its termination right pursuant to this Section 7, Landlord shall reimburse Tenant (following Landlord’s receipt of reasonable back-up documentation with respect thereto) for all of Tenant’s reasonable and customary out-of-pocket costs incurred with respect to the Second Expansion Premises, including architectural fees, engineering fees, construction management fees and legal fees associated with the negotiation of this Amendment; provided, that fees incurred by Tenant with respect to the Work shall be capped at $60.00 per rentable square foot in the portion(s) of the Second Expansion Premises previously Substantially Completed (e.g., given that the Second Expansion Construction Allowance is $37.50 per rentable square foot in such portions of the Second Expansion Premises [as more particularly described in Exhibit B hereto], if Tenant actually spends $100.00 per rentable square foot in such portion, then of the $62.50 per rentable square foot in such portion that Tenant incurred as out-of-pocket expenses, only $22.50 per rentable square foot in such portion shall be reimbursable by Landlord). For the avoidance of doubt, should Landlord be obligated to make any such reimbursements, such obligation shall not extend to any amounts expended with respect to the Existing Premises, whether pursuant to the Refurbishment Allowance (defined below) or otherwise.