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Common use of Food and Beverage Clause in Contracts

Food and Beverage. A. Operator acknowledges that the Greens Café Tenant has the exclusive right to sell and dispense food and non-alcoholic beverages in the existing restaurant/café, banquet/facilities (including outdoor patio), outdoor pavilion, mobile food/beverage carts and for any golf outings held on Golf Course Property. The Greens Café Tenant has also been granted an Annual State Permit License to sell alcoholic beverages in the restaurant, banquet room and on the patio in open containers for immediate consumption. Greens Café Tenant has also been granted exclusive rights to distribute and sell malt alcoholic beverages on the Golf Course Property in plastic containers from a beverage cart as long as it receives all appropriate permits and licenses from the New Jersey Division on Alcoholic Beverage Control. Upon expiration or termination of the Greens Café Lease, future tenants or concessionaires of the Greens Café may have similar exclusive rights for the sale of food and beverages. B. Operator shall not sell or dispense food or beverages (alcoholic and non- alcoholic) on the Golf Course Property. Golf outing groups are prohibited from bringing their own food or beverages on the Golf Course Property, with the exception noted in (i) below. Outside catering vendors are prohibited from operating on the Golf Course Property. i. Wawa has traditionally held a corporate outing on the Golf Course Property bringing its own food and non-alcoholic beverages to the outing. For this annual outing, the Department and Greens Café Tenant have allowed an exception to the Greens Café Tenant’s exclusive right to serve food and non- alcoholic beverages on the Golf Course Property in exchange for the golf course operator compensating the Greens Café Tenant Two Hundred Fifty Dollars ($250.00) for each day the outing was held. Operator will have the option of continuing to allow the Wawa event under these terms or any such terms it negotiates with Greens Café Tenant or future Greens Café tenants or concessionaires. C. The Operator may maintain and is entitled to all proceeds from a soda machine outside the Clubhouse and the Greens Café Tenant may maintain and is entitled to all proceeds from a soda machine inside the Clubhouse. D. When the current Greens Café Lease expires or is terminated, the Department will publicly bid a new lease or concession agreement, but Operator will have the right of first refusal to enter into an agreement with the Department to operate Greens Café. The minimum rent, or concession fee, will be set at an amount equal to or higher than the current rent paid for Greens Café.

Appears in 2 contracts

Samples: Operating Agreement, Operating Agreement

Food and Beverage. A. Operator a) No food and beverage will be served during the Event that conflicts with the rights of any Curling Canada Sponsors, including the extent permitted by existing agreement with The City. b) With respect to Curling Canada sponsor Tim Hortons, The City agrees that ticket holders will be permitted to bring Xxx Xxxxxx’x beverages into the Venue. c) Venue food concessions will be open during all Event Days and for one (1) hour before the commencement of each draw and one-half hour (30 minutes) thereafter. The Parties agree the food concessions will be staffed exclusively by the members of the Nashwaaksis Ys Service Group at its sole cost and expense. d) Beer, wine, and spirits will be available for purchase as follows: i. Brewery, spirit and wine products of Curling Canada Sponsors, who do not have agreements with The City, may be non-exclusively sold or served at the Venue during the Event. ii. Brewery, spirit and wine products of Curling Canada Sponsors will be the featured Curling Canada Sponsor products in the one guaranteed suite. iii. Brewery products of Curling Canada Beer Sponsors will be the exclusive brand served in the Curling Canada Sponsor lounge, wine and spirits may also be sold in the Curling Canada Sponsor lounge at a price that will not exceed $5.00 per drink. e) Curling Canada acknowledges and agrees that The City does not operate the concessions located in Arena 1 of the Venue. Curling Canada acknowledges that this service is provided by the Greens Café Tenant has Nashwaaksis Ys Service Group. f) For the exclusive right to sell and dispense food and non-alcoholic beverages in purposes hereof, “Gross Food Concession Revenue” means the existing restaurant/café, banquet/facilities (including outdoor patio), outdoor pavilion, mobile food/beverage carts and for any golf outings held on Golf Course Property. The Greens Café Tenant has also been granted an Annual State Permit License to sell alcoholic beverages in the restaurant, banquet room and on the patio in open containers for immediate consumption. Greens Café Tenant has also been granted exclusive rights to distribute and sell malt alcoholic beverages on the Golf Course Property in plastic containers from a beverage cart as long as it receives all appropriate permits and licenses from the New Jersey Division on Alcoholic Beverage Control. Upon expiration or termination aggregate of the Greens Café Lease, future tenants or concessionaires of the Greens Café may have similar exclusive rights for proceeds from the sale of food and beverages. B. Operator shall not sell or dispense food or beverages beverage (both alcoholic and non- alcoholic) on the Golf Course Property. Golf outing groups are prohibited from bringing their own food or beverages on the Golf Course Property, with the exception noted in (i) below. Outside catering vendors are prohibited from operating on the Golf Course Property. i. Wawa has traditionally held a corporate outing on the Golf Course Property bringing its own food and non-alcoholic beverages to the outing. For this annual outing, the Department alcoholic) at Venue Concession stands and Greens Café Tenant have allowed an exception to the Greens Café Tenant’s exclusive right to serve food in lounges and non- alcoholic beverages on the Golf Course Property suites in exchange for the golf course operator compensating the Greens Café Tenant Two Hundred Fifty Dollars ($250.00) for each day the outing was held. Operator will have the option of continuing to allow the Wawa event under these terms or any such terms it negotiates with Greens Café Tenant or future Greens Café tenants or concessionaires. C. The Operator may maintain and is entitled to all proceeds from a soda machine outside the Clubhouse and the Greens Café Tenant may maintain and is entitled to all proceeds from a soda machine inside the Clubhouse. D. When the current Greens Café Lease expires or is terminated, the Department will publicly bid a new lease or concession agreement, but Operator will have the right of first refusal to enter into an agreement with the Department to operate Greens CaféVenue less applicable HST. The minimum rent, or concession fee, City acknowledges that 20% of Gross Food Concession Revenue (the “Food Share”) earned throughout the Term will be set at an amount equal remitted to or higher than Curling Canada. The Food Share will be paid within thirty (30) days after the current rent paid for Greens Caféend of the Term and will be supported by appropriate documentation substantiating the gross Food Concession Revenue.

Appears in 1 contract

Samples: License Agreement

Food and Beverage. A. Operator acknowledges The prices for food and beverage products sold in the Terminal may exceed by no more than 10% the average price charged in comparable restaurants within the Greater Fox Cities Area for like size and quality products. For each retail, food and beverage item sold in the Leased Premises, Concessionaire shall provide the Airport Director with the names of three (3) retail or restaurant outlets in the Greater Fox Cities area that sell the item and are comparable in concept, size and quality to the Leased Premises in the Terminal. These outlets must be approved in advance in writing by the Airport Director. The comparable outlets must be valid comparables and will be used as the basis for price comparisons during the term of the Concession Agreement to determine compliance with the Street Pricing Plus Policy. Acceptable outlets exclude hotel gift stores, amusement parks, stadiums, arenas, and zoos. If Concessionaire owns and/or operates a similar business selling like products to the public or there are outlets of the same brand in the Greater Fox Cities Area, then prices at the Leased Premises may exceed by not more than 10% the prices charges at the non‐airport location(s). During the term of this Concession Agreement, Concessionaire shall at lease annually provide documentation to the Airport Director comparing the prices it charges in the Terminal with the prices charged by the designated comparable outlets to establish Concessionaire’s compliance with the Street Pricing Plus Policy. The items used in the foregoing price comparisons shall be the fifteen (15) items sold by Concessionaire having the highest dollar sales volume and another fifteen (15) items selected as having the highest number of units sold. In the event it is determined by the Airport Director that the Greens Café Tenant has Concessionaire is not in compliance with the exclusive right Street Pricing Plus Policy, the Airport Director shall give the Concessionaire written notice thereof. If the Concessionaire does not make appropriate adjustments to sell and dispense food and non-alcoholic beverages comply with the Street Pricing Plus Policy within three (3) days of such notice of non‐compliance, sanctions may be imposed or the Concessionaire shall be deemed to be in the existing restaurant/café, banquet/facilities (including outdoor patio), outdoor pavilion, mobile food/beverage carts and for any golf outings held on Golf Course Property. The Greens Café Tenant has also been granted an Annual State Permit License to sell alcoholic beverages in the restaurant, banquet room and on the patio in open containers for immediate consumption. Greens Café Tenant has also been granted exclusive rights to distribute and sell malt alcoholic beverages on the Golf Course Property in plastic containers from a beverage cart as long as it receives all appropriate permits and licenses from the New Jersey Division on Alcoholic Beverage Control. Upon expiration or termination material breach of the Greens Café Lease, future tenants or concessionaires Concession Lease and the Concession Lease shall be subject to termination. Prior to introducing new products at any time during the Term of the Greens Café may have similar exclusive rights for the sale of food Concession Agreement, Concessionaire must submit prices and beverages. B. Operator shall not sell or dispense food or beverages (alcoholic and non- alcoholic) on the Golf Course Property. Golf outing groups are prohibited from bringing their own food or beverages on the Golf Course Property, with the exception noted in (i) below. Outside catering vendors are prohibited from operating on the Golf Course Property. i. Wawa has traditionally held a corporate outing on the Golf Course Property bringing its own food and non-alcoholic beverages appropriate comparisons to the outing. For this annual outing, the Department Airport Director for review and Greens Café Tenant have allowed an exception to the Greens Café Tenant’s exclusive right to serve food and non- alcoholic beverages on the Golf Course Property in exchange for the golf course operator compensating the Greens Café Tenant Two Hundred Fifty Dollars ($250.00) for each day the outing was held. Operator will have the option of continuing to allow the Wawa event under these terms or any such terms it negotiates with Greens Café Tenant or future Greens Café tenants or concessionaireswritten approval. C. The Operator may maintain and is entitled to all proceeds from a soda machine outside the Clubhouse and the Greens Café Tenant may maintain and is entitled to all proceeds from a soda machine inside the Clubhouse. D. When the current Greens Café Lease expires or is terminated, the Department will publicly bid a new lease or concession agreement, but Operator will have the right of first refusal to enter into an agreement with the Department to operate Greens Café. The minimum rent, or concession fee, will be set at an amount equal to or higher than the current rent paid for Greens Café.

Appears in 1 contract

Samples: General Concession Agreement

Food and Beverage. A. Operator a) No food and beverage will be served during the Event that conflicts with the rights of any Curling Canada Sponsors, including the extent permitted by existing agreement with The City. b) With respect to Curling Canada sponsor Tim Hortons, The City agrees that ticket holders will be permitted to bring Xxx Xxxxxx’x beverages into the Venue. c) Venue food concessions will be open during all Event Days and for one (1) hour before the commencement of each draw and one-half hour (30 minutes) thereafter. The Parties agree the food concessions will be staffed exclusively by the members of the Nashwaaksis Ys Service Group at its sole cost and expense. d) Beer, wine, and spirits will be available for purchase as follows: i. Brewery, spirit, and wine products of Curling Canada Sponsors, who do not have agreements with The City, may be non-exclusively sold or served at the Venue during the Event. ii. Brewery, spirit and wine products of Curling Canada Sponsors will be the featured Curling Canada Sponsor products in the one guaranteed suite. iii. Brewery products of Curling Canada Beer Sponsors will be the exclusive brand served in the Curling Canada Sponsor lounge, wine and spirits may also be sold in the Curling Canada Sponsor lounge at a price that will not exceed $5.00 per drink. e) Curling Canada acknowledges and agrees that The City does not operate the concessions located in Arena 1 of the Venue. Curling Canada acknowledges that this service is provided by the Greens Café Tenant has Nashwaaksis Ys Service Group. f) For the exclusive right to sell and dispense food and non-alcoholic beverages in purposes hereof, “Gross Food Concession Revenue” means the existing restaurant/café, banquet/facilities (including outdoor patio), outdoor pavilion, mobile food/beverage carts and for any golf outings held on Golf Course Property. The Greens Café Tenant has also been granted an Annual State Permit License to sell alcoholic beverages in the restaurant, banquet room and on the patio in open containers for immediate consumption. Greens Café Tenant has also been granted exclusive rights to distribute and sell malt alcoholic beverages on the Golf Course Property in plastic containers from a beverage cart as long as it receives all appropriate permits and licenses from the New Jersey Division on Alcoholic Beverage Control. Upon expiration or termination aggregate of the Greens Café Lease, future tenants or concessionaires of the Greens Café may have similar exclusive rights for proceeds from the sale of food and beverages. B. Operator shall not sell or dispense food or beverages beverage (both alcoholic and non- alcoholic) on the Golf Course Property. Golf outing groups are prohibited from bringing their own food or beverages on the Golf Course Property, with the exception noted in (i) below. Outside catering vendors are prohibited from operating on the Golf Course Property. i. Wawa has traditionally held a corporate outing on the Golf Course Property bringing its own food and non-alcoholic beverages to the outing. For this annual outing, the Department alcoholic) at Venue Concession stands and Greens Café Tenant have allowed an exception to the Greens Café Tenant’s exclusive right to serve food in lounges and non- alcoholic beverages on the Golf Course Property suites in exchange for the golf course operator compensating the Greens Café Tenant Two Hundred Fifty Dollars ($250.00) for each day the outing was held. Operator will have the option of continuing to allow the Wawa event under these terms or any such terms it negotiates with Greens Café Tenant or future Greens Café tenants or concessionaires. C. The Operator may maintain and is entitled to all proceeds from a soda machine outside the Clubhouse and the Greens Café Tenant may maintain and is entitled to all proceeds from a soda machine inside the Clubhouse. D. When the current Greens Café Lease expires or is terminated, the Department will publicly bid a new lease or concession agreement, but Operator will have the right of first refusal to enter into an agreement with the Department to operate Greens CaféVenue less applicable HST. The minimum rent, or concession fee, City acknowledges that 20% of Gross Food Concession Revenue (the “Food Share”) earned throughout the Term will be set at an amount equal remitted to or higher than Curling Canada. The Food Share will be paid within thirty (30) days after the current rent paid for Greens Caféend of the Term and will be supported by appropriate documentation substantiating the gross Food Concession Revenue.

Appears in 1 contract

Samples: License Agreement