Cancellation by Concessionaire. Concessionaire may cancel this Agreement and terminate all its obligations hereunder upon or after the happening of one or more of the following events and provided that Concessionaire is not in default in the payment of any fees or charges to City:
A. The abandonment of the Airport as an airline terminal or the removal of all certificated passenger airline service from the Airport for a period of no less than thirty (30) consecutive days.
B. The inability of Concessionaire to use the Airport for a period of longer than ninety (90) days, because of the issuance of any order, rule, or regulation by any competent governmental authority or court having jurisdiction over Concessionaire or City, preventing Concessionaire from operating its business; provided, however, that such inability or such order, rule, or regulation is not primarily due to any fault of Concessionaire.
C. The material breach by City in the performance of any covenant or agreement herein required to be performed by City and the failure of City to remedy such breach for a period of sixty (60) days after receipt from Concessionaire of written notice to remedy the same.
Cancellation by Concessionaire. This Agreement and all rights, interests, covenants and obligations created hereunder may be terminated by Concessionaire upon or after the happening of any one of the following events:
1. Default by City in the performance of any covenant or agreement herein required to be performed by City and the failure of City to remedy such default for a period of thirty (30) calendar days after receipt from Concessionaire of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if City shall have remedied the default prior to receipt of Concessionaire's notice of cancellation.
2. Issuance by any court of competent jurisdiction of an injunction preventing or restraining the use of the terminal in such a manner and to such an extent as to materially interfere with the operation of Concessionaire's automobile rental concession and the remaining in force of such injunction for a period of at least ninety (90) calendar days.
3. Inability of Concessionaire to use, for a period in excess of sixty (60) calendar days, the terminal building or any of the premises, facilities, rights, services or privileges leased to Concessionaire hereunder, because of fire, explosion, earthquake, other casualty, or acts of God or the public enemy provided that same is not caused by acts, omissions, or negligence of Concessionaire.
4. Lawful assumption by the United States Government or any authorized agency thereof of the operation, control or use of the Airport and facilities in such a manner and to such extent as to materially interfere with the operation of Concessionaire's automobile rental concession for a period of at least sixty (60) calendar days.
Cancellation by Concessionaire. The Concessionaire may cancel this Agreement by giving the State 60 calendar days' advance written notice if any of the following events occur:
A. The permanent abandonment of the Airport by all passenger airlines or the removal of all passenger airline service from the Airport for a period of at least 90 consecutive days.
B. The lawful assumption by the United States government, or its authorized agent, of the operation, control, or use of the Airport, or any substantial part of the Airport, that restricts the Concessionaire from operating its business under this Agreement for a period of at least 90 consecutive days.
C. A court of competent jurisdiction issues an injunction that prevents or restrains the use of the Airport by all airlines, provided the injunction remains in force for at least 90 consecutive days.
Cancellation by Concessionaire. 17.1 In addition to all other remedies otherwise available to the Concessionaire at law or in equity, the Concessionaire may cancel this Agreement by giving a thirty (30) calendar day written notice to the Board of its intent to do so, should any one or more of the following events occur, provided however, that none of the Net Book Value or the Rent, charges and fees which are to be paid by Concessionaire herein will be refunded to Concessionaire:
a. The abandonment of the Airport as an airline terminal or the permanent removal of all certificated passenger airline service from the Airport for longer than ninety (90) calendar days;
b. The 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 such manner as to substantially restrict Concessionaire from operating thereon for a period of at least ninety (90) calendar days;
c. The breach by the Board in the performance of any material covenant of this Agreement required to be performed by the Board and the failure of the Board to commence to remedy such breach for a period of thirty (30) calendar days after receipt of written notice of such breach by Board; or
d. The issuance of an injunction by a court of competent jurisdiction preventing the use of the Airport in such a manner as to substantially restrict the Concessionaire from conducting its operations hereunder; which prevention or restraint is not caused by the act or omission of the Concessionaire and which injunction remains in force for at least ninety (90) calendar days.
Cancellation by Concessionaire. This Lease shall be subject to cancellation by Concessionaire upon one or more of the following events:
1. The permanent abandonment of the Airport as an air terminal.
2. 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 such a manner as substantially to restrict Concessionaire for a period of at least ninety days from operating thereon.
3. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport, and the remaining in force of such injunction for a period of at least ninety days; and no rent shall be due or payable for the period any such injunction may be in force.
4. The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of at least thirty days after receipt from Concessionaire of written notice to remedy the same.
5. The complete destruction of the Demised Premises as outlined in Article
Cancellation by Concessionaire. Concessionaire shall have the right to cancel this Concession Agreement by written notice to the Authority of its election to do so upon the happening of one or more of the following events:
(A) The permanent closure of the Airport as an Air Carrier Airport by act of any Federal, state or local government agency having competent jurisdiction;
(B) The issuance by any court of competent jurisdiction, without fault on the part of Concessionaire, of an injunction, order, or decree preventing or restraining the use by Concessionaire of all or any substantial part of the Premises, or preventing or restraining the use of the Airport for normal airport purposes or the use of any part thereof which may be used by Concessionaire and which is necessary for Concessionaire's operation on the Airport, which remains in force for a period of at least ninety days;
(C) The substantial breach by the Authority of any of the terms, covenants, commitments or conditions of this Concession Agreement to be kept, performed, and observed by the Authority and the failure of the Authority to remedy such breach, within a period of thirty days after written notice from Concessionaire of the existence of such breach, or if such event or default cannot with reasonable diligence be removed or cured within a period of thirty days, then upon the failure of the Authority to commence to cure or remove the same within said thirty-day period and to proceed with due diligence to complete the remedying of said default; or
(D) If the United States Government or any of its agencies shall occupy the Airport or any substantial part thereof to such an extent as to interfere materially and adversely with Concessionaire's operation for a period of sixty consecutive days or more.
Cancellation by Concessionaire. This Agreement shall be subject to cancellation by Concessionaire upon one or more of the following events:
A. The permanent abandonment of the Airport as an air terminal.
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 parts thereof, in such a manner as substantially to restrict Concessionaire for a period of at least ninety (90) days from operating thereon.
C. Issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Airport and the remaining in force of such injunction for a period of at least ninety (90) days.
D. The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor and the failure of Lessor to remedy such default for a period of sixty (60) days after receipt from Concessionaire of written notice to remedy the same.
E. The complete destruction of the Leased Premises.
Cancellation by Concessionaire. The Concessionaire may cancel this Agreement at any time that it is not in default in its obligations by giving the Airport Manager thirty (30) days written notice to be served as hereinafter provided after the happening of any of the following events, if such event materially impairs the conduct of Concessionaire’s normal business on the Airport:
12.1 The issuance by a court of competent jurisdiction of any injunction in any way preventing or restraining normal use of the Airport or any substantial part of it, and the remaining in force of such injunction for a period of sixty (60) consecutive days, such injunction not being the result of any fault of Concessionaire;
12.2 The inability of Concessionaire to use, for a period of six (6) consecutive months, the Airport or any substantial part of it due to enactment or enforcement of any law or regulation, or because of fire, earthquake or similar casualty or Acts of God or the public enemy; or
12.3 The lawful assumption by the United States Government of the operation, control or use of the Airport or any substantial part of it for military purposes in time of war or national emergency for a period of at lease ninety (90) days. Failure of Concessionaire to declare this Agreement canceled for any of the reasons set out above shall not operate to bar or destroy the right of Concessionaire to cancel this Agreement by reason of any subsequent occurrence of the described events.
Cancellation by Concessionaire. A. The Concessionaire may cancel this Agreement by giving the State sixty (60) days advance written notice if any of the following events occur:
1. The permanent abandonment of the Airport by all passenger airlines or the removal of all airline passenger service from the Airport for a period of at least ninety (90) consecutive days.
2. The lawful assumption by the United States government or its authorized agent, of the operation, control, or use of the Airport, or any substantial part of the Airport, that restricts the Concessionaire from operating its business under this Agreement for a period of at least ninety (90) consecutive days.
3. A court of competent jurisdiction issues an injunction that prevents or restrains the use of the Airport by all airlines, provided the injunction remains in force for at least ninety (90) consecutive days.
B. The Concessionaire must, within a maximum of five (5) calendar days after the end of the Concessionaire’s sixty (60) day advance written notice period, remove all of its personal property, vending machines, furniture, and fixtures, if applicable from the Premises. The Concessionaire acknowledges that as part of the consideration for this Agreement, all property remaining on the Premises after these five (5) calendar days becomes the sole property of the State, with full title vested in the State unless the property is contaminated with any hazardous substance or is rejected by the State by written notice to the Concessionaire in or the property’s automatic vesting would violate an applicable statute or regulation. The State may remove, modify, sell, or destroy the property as it sees fit. The Concessionaire shall pay the State for any cost the State incurs in property removal and disposal within thirty (30) days of the billing date.
Cancellation by Concessionaire. CONCESSIONAIRE may cancel this Concession and terminate its obligations hereunder upon sixty (60) days advance written notice, upon or after the happening of one or more of the following events and provided that CONCESSIONAIRE is not in default in the payment of any fees, charges or taxes to ENGLAND AUTHORITY:
(a) The permanent abandonment of the Airport as an airline terminal or the permanent removal of all certificated passenger airline service from the Airport.
(b) The inability of CONCESSIONAIRE to use the Airport for a period of longer than ninety (90) days, because of the issuance of any order, rule, or regulation by a competent governmental authority or court having jurisdiction over CONCESSIONAIRE or ENGLAND AUTHORITY, preventing CONCESSIONAIRE from operating its car rental business; provided, however, that such inability or such order, rule or regulations is not due to any fault of CONCESSIONAIRE.
(c) The breach by ENGLAND AUTHORITY in the performance of any covenant or agreement herein required to be performed by ENGLAND AUTHORITY and the failure of ENGLAND AUTHORITY to initiate a remedy for such breach for a period of sixty (60) days after receipt from CONCESSIONAIRE of written notice to remedy the same.
