By the Concessionaire Clause Samples
The "By the Concessionaire" clause defines the specific rights, obligations, or actions that the concessionaire—the party granted the concession—must undertake under the agreement. Typically, this clause outlines the concessionaire's responsibilities, such as maintaining facilities, providing services, or meeting performance standards as stipulated in the contract. By clearly delineating these duties, the clause ensures accountability and sets measurable expectations, thereby reducing the risk of disputes and ensuring the smooth operation of the concession arrangement.
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By the Concessionaire. The Concessionaire shall not do any act or thing that will create any Encumbrance (other than a Permitted Concessionaire Encumbrance) against the System and shall promptly remove any Encumbrance (other than a Permitted Concessionaire Encumbrance) against the System, unless the Encumbrance came into existence as a result of an act of or omission by the City or a Person claiming through it which in turn was not caused by an act or omission of the Concessionaire. The Concessionaire shall not be deemed to be in default hereunder if the Concessionaire continuously, diligently and in good faith contests any such Encumbrance, or the validity thereof (or causes such contest), by appropriate legal proceedings that shall operate to prevent the foreclosure of any such Encumbrance, provided that the Concessionaire has given (i) advance notification to the City that it is the intent of the Concessionaire to contest the validity or collection thereof or cause such contest and (ii) unless a bond or other security is provided in connection with such proceedings, a satisfactory indemnity to the City or deposit with the City a Letter of Credit, title insurance endorsement (or similar instrument), indemnity bond, surety bond, cash or Eligible Investment reasonably satisfactory to the City in an amount equal to the amount of the claim or Encumbrance, plus such interest and penalties, court costs, or other charges as the City may reasonably estimate to be payable by the Concessionaire at the conclusion of such contest or as is required to provide insurance over any potential Encumbrance; provided, however, that in the event such Letter of Credit, cash or Eligible Investment shall be so deposited, the same shall be held until such claim or other imposition shall have been released and discharged and shall thereupon be promptly returned to the Concessionaire, less any amounts reasonably expended by the City to procure such release or discharge, or any loss, cost, damage, reasonable attorneys’ fees or expense incurred by the City by virtue of the contest of such Encumbrance.
By the Concessionaire. (a) Unless otherwise expressly permitted by this Agreement and subject to this Clause 31.2, the Concessionaire may not assign, novate or transfer all or any part of its rights or obligations under this Agreement or the Project Agreements without the prior written consent of the Authority.
(b) The Concessionaire may assign by way of security all or any part of its rights under this Agreement and the Project Agreements to the Lenders or any agent or trustee appointed by them. Any such security assignment shall be on terms that such Lenders or their agent or trustee may itself, on an enforcement of its security, assign and transfer all or any part of the Concessionaire's rights and obligations under this Agreement to a person approved by the Authority. If the Authority does not grant or withhold its approval within forty five (45) days of receiving a request for such approval, the Authority will be deemed to have approved the person chosen by the lenders as the transferee of all or any part of the Concessionaire's rights and obligations under this Agreement.
(c) The Concessionaire may create or permit any Encumbrance over this Agreement or the Project Agreements or its rights, benefits and interests under this Agreement or the Project Agreements by way of security for the performance by the Company of its obligations under any Financing Documents. 32. CONFIDENTIALITY
32.1 Basic rule Subject to Clause 32.2, each Party shall keep confidential all matters relating to this Agreement and shall not make any disclosure, and shall use their best endeavours to prevent their employees, agents and servants from making any disclosure, to any person of any information, data, documents, secrets, dealings, transactions or affairs of or relating to this Agreement.
By the Concessionaire. This Agreement may be cancelled by the Concessionaire, upon sixty (60) days advance, written notice, at any time after the happening, and during the existence, of one (1) or more of the following events:
a) The permanent abandonment of the Airport or the permanent removal of all certificated passenger airline service from the Airport or the Terminal Building;
b) The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, in a manner as substantially to restrict the Concessionaire for a period of at least ninety (90) days from operating thereon;
c) The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport in its entirety, and remaining in force of the injunction for a period of at least ninety (90) days;
d) The default by the Authority in the performance of any covenant or agreement herein required to be performed by the Authority and the failure of the Authority to remedy the default for a period of sixty (60) days after receipt from the Concessionaire of written notice to remedy the same; or
e) Failure of the Authority to repair and reconstruct (or require the Concessionaire to repair and reconstruct) the Premises that are destroyed in accordance with the terms as set forth herein.
By the Concessionaire. The Concessionaire agrees to indemnify and hold harmless the State of Iowa and the DNR, its officers, employees and agents appointed and elected and volunteers from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments, including reasonable value of the time spent by the Attorney General’s Office, and the costs and expenses and reasonable attorneys’ fees of other counsel required to defend the State of Iowa or the DNR, related to or arising from:
29.1.1 Any breach of this Contract;
29.1.2 Any negligent, intentional or wrongful act or omission of the Concessionaire or any agent or Subconcessionaire utilized or employed by the Concessionaire;
29.1.3 The Concessionaire’s performance or attempted performance of this Contract, including any agent or Subconcessionaire utilized or employed by the Concessionaire;
29.1.4 Any failure by the Concessionaire to comply with the compliance with the Law provision of this Contract;
29.1.5 Any failure by the Concessionaire to make all reports, payments and withholdings required by federal and state law with respect to social security, employee income and other taxes, fees or costs required by the Concessionaire to conduct business in the State of Iowa;
29.1.6 Any infringement of any copyright, trademark, patent, trade dress, or other intellectual property right; or
29.1.7 Any failure by the Concessionaire to adhere to confidentiality provisions of this Contract.