Common use of Counters and Back Office Space Clause in Contracts

Counters and Back Office Space. Operators will select counters in order of market share. Multi-branded bidders may elect to co-locate their brands. If multi -branded bidders elect to co-locate their brands, their combined brand market shares will be considered for counter selection purposes. Multi-branded operators who do not elect to co-locate will select their counters in the market share order. If, as a result of this bid, it is necessary to allocate counter space to a new entrant brand and there is not a vacant counter to be allocated for this purpose, a new counter will be created from existing counter space for this purpose. See Exhibit A “Premises.” The Director will give a 30 day notice to the Operator who is affected by the creation of the new entrant counter space to allow for the removal of their proprietary equipment, finishes and fixtures. All cost for the removal of the proprietary equipment is the sole responsibility of the affected Operator. Where multi-branded bidders elect to co-locate their brands: i. The area vacated by a brand will have all proprietary equipment, fixtures and fittings removed and will leave the space in a condition consistent with the terms and conditions in the Lease. ii. The cost to vacate the counter and back office space will be the responsibility of the multi-branded bidders. iii. Any costs to remodel the co-located counter and back office area are the responsibility of the multi-branded bidders. Where an incumbent’s counter area is to be subdivided to create space for another brand, the costs to reconfigure the counter and back office to (1) demise the space; (2) create access through the counter; and (3) accommodate ADA access to the counter is the responsibility of the new occupant. All proprietary work to complete the counter and back office space is the responsibility of the new entrant occupying that space. Prior to the start of any remodel work, the operators must submit plans to the Airport for review and approval. Following the Airport’s approval of the remodel plan submission, the operators will have one hundred and twenty (120) days to complete the work and start its operations unless otherwise agreed in writing by the Airport Director. Following the completion of the remodel work the ninth operator will provide as-built drawings to the Airport for its use. Reallocation: Counter Space and Back Office space will not be reallocated during the term of the Lease.

Counters and Back Office Space. Operators will select counters in order of market share. Multi-branded bidders may elect to co-locate their brands. If multi -branded bidders elect to co-locate their brands, their combined brand market shares will be considered for counter selection purposes. Multi-branded operators who do not elect to co-locate will select their counters in the market share order. If, as a result of this bid, it is necessary to allocate counter space to a new entrant brand and there is not a vacant counter to be allocated for this purpose, a new counter will be created from existing counter space for this purpose. See Exhibit A “Premises.” The Director will give a 30 day notice to the Operator who is affected by the creation of the new entrant counter space to allow for the removal of their proprietary equipment, finishes and fixtures. All cost for the removal of the proprietary equipment is the sole responsibility of the affected Operator. Where multi-branded bidders elect to co-locate their brands: i. The area vacated by a brand will have all proprietary equipment, fixtures and fittings removed and will leave the space in a condition consistent with the terms and conditions in the Lease. ii. The cost to vacate the counter and back office space will be the responsibility of the multi-branded bidders. iii. Any costs to remodel the co-located counter and back office area are the responsibility of the multi-branded bidders. Where an incumbent’s counter area is to be subdivided to create space for another branda potential ninth (9th) operator, the costs to reconfigure the counter and back office to (1) demise the space; (2) create access through the counter; and (3) to accommodate ADA access to the counter is the responsibility of the new occupant. All proprietary work to complete the counter and back office space is the responsibility of the new entrant occupying that spaceninth operator. Prior to the start of any remodel work, work the operators ninth operator must submit plans to the Airport for review and approval. Following the Airport’s approval of the remodel plan submission, the operators ninth operator will have one hundred and twenty (120) 120 days to complete the work and start its operations unless otherwise agreed in writing by the Airport Director. Following the completion of the remodel work the ninth operator will provide as-built drawings to the Airport for its use. ReallocationRe-allocation: Counter Space and Back Office space will not be reallocated re-allocated during the term of the Lease.