Construction by County Affecting Premises Sample Clauses

Construction by County Affecting Premises. 9.2.1. In the event County shall construct or cause to be constructed a new facility for the Concession or carry out any construction that affects the concession operation, this License shall continue in full force and effect, except that the payment to be made by Licensee will be abated and/or relief afforded to the extent that the County may determine the construction activity interferes with the Concession. In order for rent abatements to be considered, construction activity must cause substantial interference with continuous operation of the Premises and must prevent Licensee from conducting the Authorized Activity. Abatements will not be granted for construction activity which does not cause substantial interference with continuous operation of the Concession Premises, which includes, but is not limited to: maintenance or repair of the Premises which does not result in a closure of concession business in excess of fourteen (14) days, infrastructure or utility maintenance (including repair and/or replacement), construction of facilities or premises adjacent to and/or near Concession Premises. Claims for abatement of rent must be in writing, along with documentation or evidence in support thereof. All claims must be filed with the Department within ninety (90) days of the commencement of the construction. 9.2.2. Licensee agrees to cooperate with County in the event the construction affects the Concession Premises by vacating and removing from the Premises all items of inventory, trade fixtures, portable buildings, equipment and furnishings for such periods as are required by the construction of the new facilities. Licensee/Concessionaire further agrees to cooperate in the determination of the abatement of rent or other relief to be provided by furnishing all information requested relative to the Concession and permitting examination and audit of all accounting records kept in connection with the Authorized Activity. 9.2.3. Licensee agrees to accept as the sole remedy provided under this Paragraph 9.2 and waives any or all other rights and remedies for relief or compensation that may be available at the time of claim or made available hereafter under the laws of this state in the event of a County construction upon the Concession Premises that substantially interferes with Licensee’s use of the Concession Premises or operation of business.