Failure to Comply With Performance Standards Sample Clauses

Failure to Comply With Performance Standards. (a) Concessionaire acknowledges the Authority’s desire to provide the public and air travelers with the level and quality of service as described herein. Accordingly, the Authority has established a series of fines, as set forth in Table 1 of this section that it may assess, in its sole discretion, for various violations of this Agreement. Concessionaire and Authority agree that the fines set forth herein are reasonable, and Concessionaire further agrees to pay to the Authority any and all assessed fines in accordance with the rates or in the amounts specified herein upon the occurrence of the specified violation and upon written demand by the Authority. Concessionaire further acknowledges such fines are not exclusive remedies and the Authority may pursue other remedies as allowed for in this Agreement, at its sole discretion. (b) Except for violations of requirements regarding Airport Hours, health codes, delivery, and vendor access, which shall accrue immediately and without notice upon violation, other fines shall not be assessed unless the violation continues for more than three (3) calendar days after the Authority has given Concessionaire written notice of the violation; provided, however, after the Authority has given Concessionaire notice of a violation of the same operating requirement more than twice during any twelve (12) month rolling year commencing upon the first notice of violation of said operating requirement, the fine shall be immediately assessed with no opportunity to cure. Further, after two (2) violations of the same operating requirement within any twelve (12) month rolling year commencing upon the first notice of violation of said operating requirement, the Authority reserves the right, in its sole discretion, to deem said repeated violations a default hereunder and to seek any other remedies available to it under this Agreement including termination of this Agreement. Pricing policy infraction (following two notices) $100 per occurrence Airport (operating) Hours infraction (per location) $100 first occurrence; $250 second occurrence; $500 third occurrence; $1,000 per occurrence thereafter Health code violations (per location) Scores below 90% Scores below 80 % Scores below 70% $50 per occurrence $100 per occurrence $150 per occurrence Performance audit scores (per location) Scores below 90% Scores below 80 % Scores below 70% $50 per occurrence $100 per occurrence $150 per occurrence

Failure to Comply With Performance Standards