COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department. B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement. D. If Concessionaire: (i) receives a notice of failure to comply with the insurance required by this Agreement; (ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or (iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9. E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64); and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 3 contracts
Samples: Mobile Food License Agreement, Mobile Food License Agreement, Mobile Food License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64); and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.,
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by Jersey City and all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64) and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of Jersey City and the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this the License Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this the Agreement; or
or (iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this the Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this revoke the Agreement in accordance with the terms and conditions set forth in Paragraph 9.
. E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 2 contracts
Samples: Mobile Food License Agreement, Mobile Food License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.,
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64); and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
: (i) receives a notice of failure to comply with the insurance required by this Agreement;
; (ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
or (iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64); and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 2 contracts
Samples: Mobile Food License Agreement, Mobile Food License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Tenant shall obtain, pay for, maintain, obtain and comply with maintain all necessary licenses, permits, certifications, authorizations, approvals, or any other documents and approvals required by all applicable government agency having jurisdiction over the Concession appropriate federal and State authorities for the improvement, maintenance, and use of the Leased Premises or in accordance with this Lease. Department agrees to cooperate with Tenant in obtaining the conduct of Concessionaire's operations thereonsame. Concessionaire Tenant shall provide Department with satisfactory written evidence that all such applicable licenses, permits, authorizations, or other required documents permits and approvals have been obtained prior to commencement of improvement, maintenance, and use of the activity or operation covered by the licensePremises. Tenant also shall provide Department with satisfactory documentation that all such licenses, permitpermits, authorizationand approvals have been renewed as may be required so that Department is at all times in possession of adequate documentation that Tenant has obtained and is maintaining such licenses, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Departmentpermits, and approvals.
B. Concessionaire Tenant shall, at its Tenant’s sole cost and expense, comply and shall cause the Premises to comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct Premises, or any other part thereof, or the use thereof, including those which require the making of any structural or extraordinary changes thereto whether or not any such laws, rules, or orders may involve a change of a policy on the part of the Concession Operation described in this Agreement; specificallygovernmental body enacting the same. Without limiting the scope of the preceding sentence, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as
C. Concessionaire Tenant shall comply with the requirements applicable provisions of all insurance policies required by this Agreementthe New Jersey State Park Service Code, N.J.A.C. 7:2-1 et seq., or as subsequently in effect, in Tenant's use and possession of the Premises and any activities on adjacent land and waters owned and/or under the control of Department.
D. C. If ConcessionaireTenant is issued:
(i) receives a A notice of failure to comply with the any policy of insurance required by this AgreementLease;
(ii) is issued a A summons or any notice of violation of any license, permit, certification, authorization, approval, or any other similar instruments required by any governmental federal or State authority having jurisdiction necessary to maintain improve, maintain, and operate use the Concession Premises in accordance with the provisions of this Agreementhereof; orand
(iii) is issued a A summons for of any notice of violation of any duly promulgated and applicable federalfederal or State laws, State, county, municipal, and other governmental statutes, lawsordinances, rules, ordinances, regulations, or and orders affecting the Concession Operation or any Premises, and part thereof, Concessionaire or the use thereof. Tenant shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation summons to Department, Department and Concessionaire Tenant shall have such amount period of time to correct said violation as is prescribed in the notice summons or summonsnotice. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, Lease and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in of Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 924 (“TERMINATION”) shall be applicable.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Lease Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Department-Designated Delivery/Pickup Site or the conduct of Concessionaire's Licensee’s operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, all U.S. United States Coast Guard regulations now or hereafter in effect, as well asas an Act concerning smoking at public beaches and parks and amending and supplementing P.L. 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this the License Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this the Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and and/or other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this the Agreement, and Department may suspend Concessionaire's Licensee’s operation of all or the affected portion of the Concession Premises Department-Designated Delivery/Pickup Site in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this revoke the Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all any applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 89, and/or or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ reasonable attorney’s fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.,
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Licensed Premises, Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and Kingwood Boat Launch or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Premises Licensed Premises, Department-Designated Delivery and Department- Designated Pick Up Sites, Access Points and Kingwood Boat Launch in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; specifically, but not limited to, all U.S. United States Coast Guard regulations now or hereafter in effect, as well asas an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession Vessel in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 810, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 911.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this the Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this the Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this the Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this revoke the Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Department-Designated Delivery/Pickup Sites or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this the License Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this the Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this the Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Premises Department-Designated Delivery/Pickup Sites in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this revoke the Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises and Department-Designated Parking Area or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises and Department-Designated Parking Area in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.,
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; specifically, but not limited to, all U.S. United States Coast Guard regulations now or hereafter in effect, as well asas an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
Licensee: (i) receives a notice of failure to comply with the insurance required by this Agreement;
; (ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this Agreement; or
or (iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by Jersey City and all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; , specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64) and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of Jersey City and the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this License Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 87, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 98.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Mobile Food License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Licensed Premises, Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and Kingwood Boat Launch or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this the Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this the Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this the Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Premises Licensed Premises, Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and Kingwood Boat Launch in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this revoke the Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and Kingwood Boat Launch or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises Department-Designated Delivery and Department- Designated Pick Up Sites, Access Points and Kingwood Boat Launch in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all any applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; : specifically, but not limited to, all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, regulations or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 89, and/or or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ reasonable attorney’s fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Tenant shall obtain, pay for, maintain, obtain and comply with maintain all necessary licenses, permits, certifications, authorizations, approvals, or any other documents and approvals required by all applicable government agency having jurisdiction over the Concession appropriate federal and State authorities for the improvement, maintenance, and use of the Leased Premises or in accordance with this Lease. Department agrees to cooperate with Tenant in obtaining the conduct of Concessionaire's operations thereonsame. Concessionaire Tenant shall provide Department with satisfactory written evidence that all such applicable licenses, permits, authorizations, or other required documents permits and approvals have been obtained prior to commencement of improvement, maintenance, and use of the activity or operation covered by the licensePremises. Tenant also shall provide Department with satisfactory documentation that all such licenses, permitpermits, authorizationand approvals have been renewed as may be required so that Department is at all times in possession of adequate documentation that Tenant has obtained and is maintaining such licenses, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Departmentpermits, and approvals.
B. Concessionaire Tenant shall, at its Tenant’s sole cost and expense, comply and shall cause the Premises to comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct Premises, or any other part thereof, or the use thereof, including those which require the making of any structural or extraordinary changes thereto whether or not any such laws, rules, or orders may involve a change of a policy on the part of the Concession Operation described in this Agreement; specificallygovernmental body enacting the same. Without limiting the scope of the preceding sentence, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as
C. Concessionaire Tenant shall comply with the requirements applicable provisions of all insurance policies required by this Agreementthe Division of Fish and Wildlife Rules, N.J.A.C. 7:25-2 et seq., or as subsequently in effect, in Tenant's use and possession of the Premises and any activities on adjacent land and waters owned and/or under the control of Department.
D. C. If ConcessionaireTenant is issued:
(i) receives a A notice of failure to comply with the any policy of insurance required by this AgreementLease;
(ii) is issued a A summons or any notice of violation of any license, permit, certification, authorization, approval, or any other similar instruments required by any governmental federal or State authority having jurisdiction necessary to maintain improve, maintain, and operate use the Concession Premises in accordance with the provisions of this Agreementhereof; orand
(iii) is issued a A summons for of any notice of violation of any duly promulgated and applicable federalfederal or State laws, State, county, municipal, and other governmental statutes, lawsordinances, rules, ordinances, regulations, or and orders affecting the Concession Operation or any Premises, and part thereof, Concessionaire or the use thereof. Tenant shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation summons to Department, Department and Concessionaire Tenant shall have such amount period of time to correct said violation as is prescribed in the notice summons or summonsnotice. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, Lease and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in of Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 925 (“TERMINATION”) shall be applicable.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Lease Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Department-Designated Delivery/Pickup Sites or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as.
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this the License Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this the Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this the Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Premises Department-Designated Delivery/Pickup Sites in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this revoke the Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all any applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ reasonable attorney’s fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, all U.S. United States Coast Guard regulations now or hereafter in effect, as well asas an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this the Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession Vessel in accordance with the provisions of this the Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this the Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 810, and/or terminate this revoke the Agreement in accordance with the terms and conditions set forth in Paragraph 911.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Operator shall obtain, pay for, maintain, maintain and comply with all necessary licenses, permits, certifications, authorizations, approvals, or any other documents and approvals required by all applicable government agency having jurisdiction over the Concession Premises or appropriate Federal, State, and local authorities for the conduct improvement, maintenance, and use of Concessionaire's operations thereonthe Property in accordance with this Operating Agreement. Concessionaire Department agrees to cooperate fully with Operator in obtaining same. Operator shall provide Department with satisfactory written evidence that all such applicable licenses, permits, authorizations, or other required documents and approvals have been obtained prior to the commencement of improvement, maintenance and use of the activity or operation covered by the licenseProperty. Operator also shall provide Department with satisfactory documentation that all such licenses, permitpermits, authorizationand approvals have been renewed as may be required so that Department is at all times in possession of adequate documentation that Operator has obtained and is maintaining such licenses, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Departmentpermits, and approvals.
B. Concessionaire Operator shall, at its sole cost and expense, comply and shall cause the Property to comply with all duly promulgated and applicable federal Federal, State, and State statutes, local laws, rules, ordinances, regulationsrules, and orders affecting the conduct of Property, or any part thereof, or the Concession Operation described in this Agreement; specificallyuse thereof, including but not limited toto laws and regulations pertaining to pesticide storage and application, all U.S. Coast Guard regulations now water allocation, and those which require the making of any structural or hereafter in effectextraordinary changes thereto, as well aswhether or not any such laws, ordinances, rules, or orders may involve a change of policy on the part of the governmental body enacting the same.
C. Concessionaire Operator shall comply with the requirements of all policies of insurance policies required by this AgreementOperating Agreement which at any time may be in force with respect to the Property.
D. If ConcessionaireOperator is issued:
(i) receives a A notice of failure to comply with the any policy of insurance required by this Operating Agreement;
(ii) is issued a A summons or any notice of violation of any license, permit, certification, authorization, approval, or any other similar instruments instrument(s) required by any governmental Federal, State, or local authority having jurisdiction necessary to maintain improve, maintain, and operate use the Concession Property in accordance with the provisions of this Agreementhereof; or
(iii) is issued a A summons for or any notice of violation of any duly promulgated and applicable federalFederal, State, countyor local laws, municipal, and other governmental statutes, lawsordinances, rules, ordinances, regulations, or and orders affecting the Concession Operation or Property, any part thereof, Concessionaire or the use thereof, Operator immediately shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation summons to Department, Department and Concessionaire Operator shall have such amount period of time to correct said violation as is prescribed in the notice summons or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9notice.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Operating Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises and Trails or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, N.J.A.C. 7:5A, Natural Areas and the Natural Areas System Rules, of which an unofficial courtesy copy is attached as Exhibit E, and all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of prepackaged food and beverages.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises and/or Trails in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Department-Designated Delivery/Pickup Site or the conduct of Concessionaire's Licensee’s operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; specifically, but not limited to, all U.S. United States Coast Guard regulations now or hereafter in effect, as well asas an Act concerning smoking at public beaches and parks and amending and supplementing P.L. 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this License Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and and/or other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's Licensee’s operation of all or the affected portion of the Concession Premises Department-Designated Delivery/Pickup Site in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Department-Designated Delivery/Pickup Sites or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; , specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asan Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64).
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If ConcessionaireLicensee:
(i) receives a notice of failure to comply with the insurance required by this License Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Premises Department-Designated Delivery/Pickup Sites in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire The Operator shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency agencies having jurisdiction over the Concession Premises or the ferry operation. Operator shall not conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with any activities under this Agreement until it has provided to NJDEP written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Departmentobtained.
B. Concessionaire The Operator shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in its operations under this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as.
C. Concessionaire The Operator shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
(i) The Operator receives a notice of failure to comply with the insurance required by this Agreement;
(ii) , is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) , or is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting orders, the Concession Operation or any part thereof, Concessionaire Operator shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to DepartmentNJDEP, and Concessionaire with a copy to NPS. The Operator shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire The Operator shall indemnify Department NJDEP against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionairethe Operator’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Memorandum of Understanding
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
: (i) receives a notice of failure to comply with the insurance required by this Agreement;
; (ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
or (iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 89, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 910.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire Operator shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises Operation Area or the conduct of ConcessionaireOperator's operations thereon. Concessionaire Operator shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Operator has provided such written evidence to Department.
B. Concessionaire Operator shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Vessel Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well asas N.J.A.C. 7:2-13, State Marinas, of which an unofficial, courtesy copy is attached as Exhibit C.
C. Concessionaire Operator shall comply with the requirements of all insurance policies required by this Agreement.
D. If ConcessionaireOperator:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession Vessel in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Vessel Operation or any part thereof, Concessionaire Operator shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Operator shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireOperator's operation of all or the affected portion of the Concession Premises Operation Area in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Operator shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireOperator’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Operating Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this License Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by Jersey City and all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this Agreement; , specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64) and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of Jersey City and the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
Licensee: (i) receives a notice of failure to comply with the insurance required by this License Agreement;
; (ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession License in accordance with the provisions of this Agreement; or
or (iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession License Operation or any part thereof, Concessionaire Licensee shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire Licensee shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend ConcessionaireLicensee's operation of all or the affected portion of the Concession Licensed Premises in accordance with the terms and conditions set forth in Paragraph 87, and/or terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 98.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Mobile Food License Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this Agreement, Concessionaire shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Premises or the conduct of Concessionaire's operations thereon. Concessionaire shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire has provided such written evidence to Department.
B. Concessionaire shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession Operation described in this Agreement; specifically, but not limited to, all U.S. Coast Guard regulations now or hereafter in effect, as well as.
C. Concessionaire shall comply with the requirements of all insurance policies required by this Agreement.
D. If Concessionaire:
: (i) receives a notice of failure to comply with the insurance required by this Agreement;
; (ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
or (iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, regulations or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 87, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 98.
E. Concessionaire shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from Concessionaire’s failure or omission to comply with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Concession Agreement
COMPLIANCE WITH LAWS, LICENSES, PERMITS, AND INSURANCE POLICIES. A. For each Term of this the Agreement, Concessionaire Licensee shall obtain, pay for, maintain, and comply with all licenses, permits, certifications, authorizations, approvals, or any other documents required by all applicable government agency having jurisdiction over the Concession Licensed Premises or the conduct of ConcessionaireLicensee's operations thereon. Concessionaire Licensee shall provide Department with written evidence that such applicable licenses, permits, authorizations, or other required documents have been obtained prior to commencement of the activity or operation covered by the license, permit, authorization, or other documentation. No operation shall begin until Concessionaire Licensee has provided such written evidence to Department.
B. Concessionaire Licensee shall, at its sole cost and expense, comply with all duly promulgated and applicable federal and State statutes, laws, rules, ordinances, regulations, and orders affecting the conduct of the Concession License Operation described in this the Agreement; specifically, but not limited to, an Act concerning smoking at public beaches and parks and amending and supplementing PL 2005 c. 383 (P.L. 2018 c. 64); and N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, of which an unofficial courtesy copy is attached as Exhibit C, and all U.S. Coast Guard rules and regulations of the New Jersey Department of Health now or hereafter in effect, as well asas those rules and regulations of any other agency with jurisdiction over the preparation and sale of food and beverages.
C. Concessionaire Licensee shall comply with the requirements of all insurance policies required by this the Agreement.
D. If Concessionaire:
(i) receives a notice of failure to comply with the insurance required by this Agreement;
(ii) is issued a summons or any notice of violation of any license, permit, certification, authorization, approval, or any similar instruments required by any governmental authority having jurisdiction necessary to maintain and operate the Concession in accordance with the provisions of this Agreement; or
(iii) is issued a summons for violation of any duly promulgated and applicable federal, State, county, municipal, and other governmental statutes, laws, rules, ordinances, regulations, or orders affecting the Concession Operation or any part thereof, Concessionaire shall immediately forward a copy of the notice of non-compliance, summons, or notice of violation to Department, and Concessionaire shall have such amount of time to correct said violation as is prescribed in the notice or summons. If such violation is not cured within the prescribed period or any extension thereof, it shall be deemed a material breach of this Agreement, and Department may suspend Concessionaire's operation of all or the affected portion of the Concession Premises in accordance with the terms and conditions set forth in Paragraph 8, and/or terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 9.
E. Concessionaire Licensee shall indemnify Department against all liabilities, claims, losses, damages, costs, expenses (including all attorneys’ fees and expenses), causes of action, suits, demands, judgments, or payments of any kind arising from ConcessionaireLicensee’s failure or omission to comply HAS BEEN EXTENDED FROM NOON ON JUNE 25, 2019 TO NOON ON JULY 25, 2019. LE20-004 with any such insurance policy, license, permit, certification, authorization, approval, or any applicable federal or State statute, law, rule, ordinance, regulation, or order.
Appears in 1 contract
Samples: Mobile Food License Agreement