Concession Sublease Clause Samples

Concession Sublease. (a) The Lessee shall diligently operate the concession program at the Existing Terminal Facilities at a level of quality at or above the current operations of such concession program (taking into account unavoidable impacts to the level of quality caused by the performance of the D&C Work), and to develop and operate at the New Terminal Facilities a premier first-class concession program. The Lessee’s retail program shall embody the Lessee’s full commitment to quality, value and customer service. A premier first-class concession program is one that consistently performs above the average of airports of similar size and a similar passenger profile on industry-recognized surveys, including the Port Authority-sponsored surveys, which contain evaluations or ratings of passenger terminal concession programs, or specific components thereof, of the same type or class. (b) At least six (6) months but not more than eight (8) months prior to the projected DBO of each phase of the D&C Work, the Lessee shall submit an initial draft comprehensive plan (or an initial draft supplement to the existing comprehensive plan) for the development and operation of the concession program (as the same may exist from time to time, including all supplements thereto, the “Comprehensive Concessions Plan”) with respect to the applicable phases of the D&C Work for the New Terminal Facilities, setting forth, inter alia: (i) the types of concessions (including food and beverage, news and gifts, duty free, retail and specialty retail and foreign currency exchange) to be placed there and the number of each type and the size and designated location and configuration of each concession, as well as the overall plan of the portions of the applicable phases of the D&C Work for the New Terminal Facilities designated for concession operations; (ii) the minimum rentals required for each type of concession; (iii) the structure and level of any common area maintenance fees, marketing fees, and Utility recoveries to be charged to the Concession Sublessees, but no retail management fees may be imposed on concessionaires; (iv) the Lessee’s plans to provide concession opportunities for Airport Concession Disadvantaged Business Enterprises, as defined in 49 C.F.R. Part 23 (each an “ACDBE”); (v) the Lessee’s quality and service standards and required hours of operation; (vi) the Lessee’s specific plans to monitor and enforce the Port Authority’s “Street Pricing” policy, quality and service standards and re...