General Requirements for Operation of Concessions. Tenant has the authority to manage and administer the Concession in the Leased Space, subject to the rights of the City under the law, in equity, and under this Agreement to direct Tenant in order to ensure that the Airport operates in the most effective and efficient way possible and to supervise the Tenant’s performance. Tenant covenants to take all commercially reasonable measures to maintain, develop, facilitate and increase the business of the Concession so as to maximize Gross Revenues. Tenant further covenants that neither it nor any Affiliate of Tenant will divert or cause or allow to be diverted any business from the Leased Space to other locations not at the Airport that are operated by Tenant or any Affiliate of Tenant. A material condition of this Agreement is that Tenant must operate the Concession operations in accordance with the Airport Concession Program Handbook, attached hereto as Exhibit 6, and the following general requirements: A. Unless otherwise approved by the Commissioner in writing, Tenant must conduct business in its Retail Space only in the Tenant’s trade name identified in the Term Sheet. B. Unless authorized in writing by the Commissioner, Tenant must not install or operate any coin, card, token or otherwise activated vending machines or devices of any kind or type. SAMPLE C. Tenant must conduct its Concession operations in a first-class, businesslike, efficient, courteous, and accommodating manner consistent with the “Physical Inspection Standards” that appear in Appendix 1 of the Airport Concession Program Handbook. The Commissioner has the right to make reasonable objections to the appearance and condition of the Leased Space if they do not comply with the Physical Inspection Standards. Tenant must discontinue or remedy any non- compliant practice, appearance or condition within five days following receipt of a written notice by the Commissioner (or immediately upon receipt of such a notice if the Commissioner or Corporation Counsel deems non-compliance hazardous or illegal). Tenant’s failure to timely cure the non- compliance as required by the Commissioner would cause the City damages including, among other things, loss of goodwill, that would be difficult or impossible to prove or quantify. Accordingly, if Tenant fails to timely cure non-compliance, then, in addition to all other remedies the City may have at law, in equity or under this Agreement, and beginning on the first day after expiry of the five-day cure period, Tenant must pay the City, as liquidated damages in connection with the loss of good will among visitors to the Terminals, and not as a penalty, the amount of $200 per day for each non- compliant practice, appearance or condition specified in the notice that remains uncured after the cure period. D. Tenant must neither commit nor allow any nuisance, noise or waste in the Leased Space or annoy, disturb or be offensive to others in the Terminals. Tenant must employ all reasonable means to prevent or eliminate unusual, nauseating or objectionable smoke, gases, vapors or odors from escaping from the Leased Space. Tenant must employ all reasonable means to eliminate vibrations and to maintain the lowest possible sound level in the operation of the Concession. E. Tenant must at all times accept as suitable payment for any sale of Merchandise any of at least three nationally recognized credit cards, such as but not limited to American Express, Visa, MasterCard and Discover. Tenant must give a receipt with each purchase and must post signs prominently near its cash registers offering some bonus or compensation to the customer if no receipt is given. Tenant must make change for the public regardless of whether or not a purchase is made. F. Tenant must not place or install any racks, stands, or trade fixtures directly on or over the boundaries of its Leased Space. Tenant must not use any space outside the Leased Space for sale, storage or any other undertaking, other than in connection with deliveries made in a prompt, timely and efficient manner. G. In its capacity as Tenant under this Agreement, and not as an agent of the City, Tenant must manage the Concession operations and the Leased Space in accordance with this Agreement, in furtherance of which Tenant must, among other things: (i) use reasonable efforts to remedy problems and issues raised by Airport patrons with respect to the operation of the Leased Space; (ii) answer in writing all written customer complaints within 72 hours after receipt, furnishing a copy of the complaint and the answer to the Commissioner within that period; and, (iii) furnish the Commissioner within 72 hours after their receipt copies of all written notices received by Tenant from any governmental authority or any Subcontractor with respect to any part of the Leased Space or any Subcontract. SAMPLE If Tenant fails to timely respond to customer correspondence or governmental notices and furnish the requisite copies to the Commissioner, it is an Event of Default. Tenant acknowledges that the City may suffer loss of goodwill and other harm the value of which is difficult to determine, and thus, in addition to any remedies for the Event of Default, the Commissioner will assess as liquidated damages against Tenant, and not as a penalty: (A) an amount of $200 per day for each day after the initial 72 hours until Tenant responds to the customer complaint or governmental notice and
Appears in 1 contract
General Requirements for Operation of Concessions. Tenant has the authority to manage and administer the Concession in the Leased Space, subject to the rights of the City under the law, in equity, and under this Agreement to direct Tenant in order to ensure that the Airport operates in the most effective and efficient way possible and to supervise the Tenant’s performance. Tenant covenants to take all commercially reasonable measures to maintain, develop, facilitate and increase the business of the Concession so as to maximize Gross Revenues. Failure to operate the concession as included in the Development Plan, attached as Exhibit 3, constitutes an Event of Default. Tenant further covenants that neither it nor any Affiliate of Tenant will divert or cause or allow to be diverted any business from the Leased Space to other locations not at the Airport that are operated by Tenant or any Affiliate of Tenant. A material condition of this Agreement is that Tenant must operate the Concession operations in accordance with the Airport Concession Program Handbook, attached hereto as Exhibit 6the Sustainable Airport Manual, and the following general requirements:
A. Unless otherwise approved by the Commissioner in writing, Tenant must conduct business in its Retail Space only in the Tenant’s trade name identified in its response to the Term SheetRFP.
B. Unless authorized in writing by Due to the Commissionernature of the concession, Tenant must not is authorized to install or and operate any coin, card, token or otherwise activated vending machines or devices as part of any kind or type. SAMPLEthe Tenant’s Development Plan and approved by the Commissioner.
C. Tenant must conduct its Concession operations in a first-class, businesslike, efficient, courteous, and accommodating manner consistent with the “"Physical Inspection Standards” " that appear in Appendix 1 of the Airport Concession Program Handbook. The Commissioner or the CMR has the right to make reasonable objections to the appearance and condition of the Leased Space if they do not comply with the Physical Inspection Standards. Tenant must discontinue or remedy any non- non-compliant practice, appearance or condition within five days following receipt of a written notice by the Commissioner or CMR (or immediately upon receipt of such a notice if the Commissioner or Corporation Counsel CMR deems non-compliance hazardous or illegal). Tenant’s failure to timely cure the non- non-compliance as required by the Commissioner or CMR would cause the City damages including, among other things, loss of goodwill, that which would be difficult or impossible to prove or quantify. Accordingly, if Tenant fails to timely cure non-compliance, then, in addition to all other remedies the City may have at law, in equity or under this Agreement, and beginning on the first day after expiry of the five-day cure period, Tenant must pay the City, as liquidated damages in connection with the loss of good will among visitors to the Terminals, and not as a penalty, the amount of $200 as outlined in Exhibit 13 per day Retail Space for each non- non-compliant practice, appearance or condition specified in the notice that remains uncured after the cure period.
D. Tenant must neither commit nor allow any nuisance, noise or waste in the Leased Space or annoy, disturb or be offensive to others in the Terminals. Tenant must employ all reasonable means to prevent or eliminate unusual, nauseating or objectionable smoke, gases, vapors or odors from escaping emanating from the Leased Space. Tenant must employ all reasonable means to eliminate vibrations and to maintain the lowest possible sound level in the operation of the Concession.
E. Tenant must utilize a suitable virtual payment system, as submitted to and approved by the City, for the sale of all Products. Tenant must offer a receipt, which may be virtual, with each purchase. Failure to comply with this Section will constitute an Event of Default. Tenant’s failure to comply would cause the City damages, including loss of goodwill, that are difficult or impossible to prove or quantify. Therefore, in addition to other remedies for an Event of Default, if Tenant is found to prohibit the acceptance of the above payment option, the City may assess, as liquidated damages and not as a penalty for non-compliance as further defined in Exhibit 13.
F. Tenant’s Concession must be and remain compliant with Payment Card Industry Security Standards (“PCI Standards”) at all times accept as suitable payment for any sale the PCI Standards are in effect at such time. Any breach of Merchandise any of at least three nationally recognized credit cards, such as but not limited to American Express, Visa, MasterCard compliance with PCI Standards in effect and Discover. Tenant must give a receipt with each purchase and must post signs prominently near its cash registers offering some bonus or compensation related to the customer if no receipt is givenConcession, at such time, must be reported to the City within 24 hours of the Tenant’s knowledge of such event. Tenant must make change for Tenant’s failure to be in compliance with the public regardless PCI Standards with respect to its Concession on numerous occurrences (more than one) shall be an Event of whether or not a purchase is madeDefault under this Agreement.
F. G. Tenant must not place or install any racks, stands, or trade fixtures directly on or over the boundaries of its Leased Space. Tenant must not use any space outside the Leased Space for sale, storage or any other undertaking, other than in connection with deliveries made in a prompt, timely and efficient manner.
G. H. In its capacity as Tenant under this Agreement, and not as an agent of the City, Tenant must manage the Concession operations and the Leased Space in accordance with this Agreement, in furtherance of which Tenant must, among other things:
(i) use reasonable efforts to remedy problems and issues raised by Airport patrons with respect to the operation of the Leased Space;
(ii) answer in writing all written customer complaints within 72 hours after receipt, furnishing a copy of the complaint and the answer to the Commissioner within that period; and,
(iii) furnish the Commissioner within 72 hours after their receipt copies of all written notices received by Tenant from any governmental authority or any Subcontractor with respect to any part of the Leased Space or any Subcontract. SAMPLE If Tenant fails to timely respond to customer correspondence or governmental notices and furnish the requisite copies to the Commissioner, it is an Event of Default. Tenant acknowledges that the City may suffer loss of goodwill and other harm the value of which is difficult to determine, and thus, in addition to any remedies for the Event of Default, the Commissioner will assess as liquidated damages against Tenant, and not as a penalty: as outlined in Exhibit 13. Tenant’s failure to perform either
(A) or (B) for a period of 30 days or more will be grounds for the City declaring an amount Event of $200 per day for each day after Default pursuant to Article IX, in which event Tenant will have no longer than 10 days to cure the initial 72 hours until Event of Default.
I. Tenant responds shall at all times operate the Concession. To the extent Tenant utilizes a third party to operate the customer complaint Concession, Tenant shall, at all times during the Term: (i) be licensed or governmental notice andpermitted by such third party to operate the concession, (ii) provide the City with copies of any agreements or other evidence the City may reasonably request demonstrating such arrangement (“Third Party Use Agreements”), (iii) comply in all material respects with the terms and conditions of Third Party Use Agreements, unless Tenant’s compliance with such terms and conditions would cause Tenant to breach its obligations hereunder, (iv) not be in default under any Third Party Use Agreement, (v) notify the City in writing immediately upon notification by any party to a Third Party Use Agreement of Tenant’s breach under such or termination of any Third Party Use Agreements. Failure to comply with this Section 4.4(I) shall be an Event of Default under this Agreement.
Appears in 1 contract
Samples: Lease and License Agreement
General Requirements for Operation of Concessions. Tenant has the authority to manage and administer the Concession in the Leased Space, subject to the rights of the City under the law, in equity, and under this Agreement to direct Tenant in order to ensure that the Airport operates in the most effective and efficient way possible and to supervise the Tenant’s performance. Tenant covenants to take all commercially reasonable measures to maintain, develop, facilitate and increase the business of the Concession so as to maximize Gross Revenues. Tenant further covenants that neither it nor any Affiliate of Tenant will divert or cause or allow to be diverted any business from the Leased Space to other locations not at the Airport that are operated by Tenant or any Affiliate of Tenant. A material condition of this Agreement is that Tenant must operate the Concession operations in accordance with the Airport Concession Program Handbook, attached hereto as Exhibit 6the Sustainable Airport Manual, and the following general requirements:
A. Unless otherwise approved by the Commissioner in writing, Tenant must conduct business in its Retail Space only in the Tenant’s trade name , that which is identified in its response to the Term SheetRFP or other trade name approved by the Commissioner.
B. Unless authorized in writing by the Commissioner, Tenant must not install or operate any coin, card, token or otherwise activated vending machines or devices of any kind or type. SAMPLE
C. Tenant must conduct its Concession operations in a first-class, businesslike, efficient, courteous, and accommodating manner consistent with the “Physical Inspection Standards” that appear in Appendix 1 of the Airport Concession Program Handbook. The Commissioner or the CMR has the right to make reasonable objections to the appearance and condition of the Leased Space if they do not comply with the Physical Inspection Standards. Tenant must discontinue or remedy any non- non-compliant practice, appearance or condition within five days following receipt of a written notice by the Commissioner or CMR (or immediately upon receipt of such a notice if the Commissioner or Corporation Counsel CMR deems non-compliance hazardous or illegal). Tenant’s failure to timely cure the non- non-compliance as required by the Commissioner or CMR would cause the City damages including, among other things, loss of goodwill, that which would be difficult or impossible to prove or quantify. Accordingly, if Tenant fails to timely cure non-compliance, then, in addition to all other remedies the City may have at law, in equity or under this Agreement, and beginning on the first day after expiry of the five-day cure period, Tenant must pay the City, as liquidated damages in connection with the loss of good will among visitors to the Terminals, and not as a penalty, the amount of $200 as outlined in Exhibit 13 per day Retail Space for each non- non-compliant practice, appearance or condition specified in the notice that remains uncured after the cure period.
D. C. Tenant must neither commit nor allow any nuisance, noise or waste in the Leased Space or annoy, disturb or be offensive to others in the Terminals. Tenant must employ all reasonable means to prevent or eliminate unusual, nauseating or objectionable smoke, gases, vapors or odors from escaping emanating from the Leased Space. Tenant must employ all reasonable means to eliminate vibrations and to maintain the lowest possible sound level in the operation of the Concession.
E. D. Tenant must offer payment systems that are widely accepted in the industry, for the sale of all Poducts. Tenant must offer a receipt, which may be virtual, with each purchase. Failure to comply with this Section will constitute an Event of Default. Tenant’s failure to comply would cause the City damages, including loss of goodwill, that are difficult or impossible to prove or quantify. Therefore, in addition to other remedies for an Event of Default, if Tenant is found to prohibit the acceptance of the above payment option, the City may assess, as liquidated damages and not as a penalty for non-compliance as further defined in Exhibit 13.
E. Tenant’s Concession must be and remain compliant with Payment Card Industry Security Standards (“PCI Standards”) at all times accept as suitable payment for any sale the PCI Standards are in effect at such time. Any breach of Merchandise any of at least three nationally recognized credit cards, such as but not limited to American Express, Visa, MasterCard compliance with PCI Standards in effect and Discover. Tenant must give a receipt with each purchase and must post signs prominently near its cash registers offering some bonus or compensation related to the customer if no receipt is givenConcession, at such time, must be reported to the City within 24 hours of the Tenant’s knowledge of such event. Tenant must make change for Tenant’s failure to be in compliance with the public regardless PCI Standards with respect to its Concession on numerous occurrences (more than one) shall be an Event of whether or not a purchase is madeDefault under this Agreement.
F. Tenant must not place or install any racks, stands, or trade fixtures directly on or over the boundaries of its Leased Space. Tenant must not use any space outside the Leased Space for sale, storage or any other undertaking, other than in connection with deliveries made in a prompt, timely and efficient manner.
G. In its capacity as Tenant under this Agreement, and not as an agent of the City, Tenant must manage the Concession operations and the Leased Space in accordance with this Agreement, in furtherance of which Tenant must, among other things:
(i) use reasonable efforts to remedy problems and issues raised by Airport patrons with respect to the operation of the Leased Space;
(ii) answer in writing all written customer complaints within 72 hours after receipt, furnishing a copy of the complaint and the answer to the Commissioner within that period; and,
(iii) furnish the Commissioner within 72 hours after their receipt copies of all written notices received by Tenant from any governmental authority or any Subcontractor with respect to any part of the Leased Space or any Subcontract. SAMPLE If Tenant fails to timely respond to customer correspondence or governmental notices and furnish the requisite copies to the Commissioner, it is an Event of Default. Tenant acknowledges that the City may suffer loss of goodwill and other harm the value of which is difficult to determine, and thus, in addition to any remedies for the Event of Default, the Commissioner will assess as liquidated damages against Tenant, and not as a penalty: as outlined in Exhibit 13. Tenant’s failure to perform either (A) or (B) for a period of 30 days or more will be grounds for the City declaring an amount Event of $200 per day for each day after Default pursuant to Article IX, in which event Tenant will have no longer than 10 days to cure the initial 72 hours until Tenant responds to the customer complaint or governmental notice andEvent of Default.
Appears in 1 contract
General Requirements for Operation of Concessions. Tenant has the authority to manage and administer the Concession in the Leased Space, subject to the rights of the City under the law, in equity, and under this Agreement to direct Tenant in order to ensure that the Airport operates in the most effective and efficient way possible and to supervise the Tenant’s performance. Tenant covenants to take all commercially reasonable measures to maintain, develop, facilitate and increase the business of the Concession so as to maximize Gross Revenues. Tenant further covenants that neither it nor any Affiliate of Tenant will divert or cause or allow to be diverted any business from the Leased Space to other locations not at the Airport that are operated by Tenant or any Affiliate of Tenant. A material condition of this Agreement is that Tenant must operate the Concession operations in accordance with the Airport Concession Program Handbook, attached hereto as Exhibit 6, and the following general requirements:
A. Unless otherwise approved by the Commissioner in writing, Tenant must conduct business in its Retail Space only in the Tenant’s trade name identified in the Term Sheet.
B. Unless authorized in writing by the Commissioner, Tenant must not install or operate any coin, card, token or otherwise activated vending machines or devices of any kind or type. SAMPLE.
C. Tenant must conduct its Concession operations in a first-class, businesslike, efficient, courteous, and accommodating manner consistent with the “"Physical Inspection Standards” " that appear in Appendix 1 of the Airport Concession Program Handbook. The Commissioner has the right to make reasonable objections to the appearance and condition of the Leased Space if they do not comply with the Physical Inspection Standards. Tenant must discontinue or remedy any non- compliant practice, appearance or condition within five days following receipt of a written notice by the Commissioner (or immediately upon receipt of such a notice if the Commissioner or Corporation Counsel deems non-compliance hazardous or illegal). Tenant’s failure to timely cure the non- compliance as required by the Commissioner would cause the City damages including, among other things, loss of goodwill, that would be difficult or impossible to prove or quantify. Accordingly, if Tenant fails to timely cure non-compliance, then, in addition to all other remedies the City may have at law, in equity or under this Agreement, and beginning on the first day after expiry of the five-day cure period, Tenant must pay the City, as liquidated damages in connection with the loss of good will among visitors to the TerminalsAirport, and not as a penalty, the amount of $200 per day for each non- compliant practice, appearance or condition specified in the notice that remains uncured after the cure period.
D. Tenant must neither commit nor allow any nuisance, noise or waste in the Leased Space or annoy, disturb or be offensive to others in the TerminalsAirport. Tenant must employ all reasonable means to prevent or eliminate unusual, nauseating or objectionable smoke, gases, vapors or odors from escaping from the Leased Space. Tenant must employ all reasonable means to eliminate vibrations and to maintain the lowest possible sound level in the operation of the Concession.
E. Tenant must at all times accept as suitable payment for any sale of Merchandise any of at least three nationally recognized credit cards, such as but not limited to American Express, Visa, MasterCard and Discover. Tenant must give a receipt with each purchase and must post signs prominently near its cash registers offering some bonus or compensation to the customer if no receipt is given. Tenant must make change for the public regardless of whether or not a purchase is made.
F. Tenant must not place or install any racks, stands, or trade fixtures directly on or over the boundaries of its Leased Space. Tenant must not use any space outside the Leased Space for sale, storage or any other undertaking, other than in connection with deliveries made in a prompt, timely and efficient manner.
G. In its capacity as Tenant under this Agreement, and not as an agent of the City, Tenant must manage the Concession operations and the Leased Space in accordance with this Agreement, in furtherance of which Tenant must, among other things:
(i) use reasonable efforts to remedy problems and issues raised by Airport patrons with respect to the operation of the Leased Space;
(ii) answer in writing all written customer complaints within 72 hours after receipt, furnishing a copy of the complaint and the answer to the Commissioner within that period; and,
(iii) furnish the Commissioner within 72 hours after their receipt copies of all written notices received by Tenant from any governmental authority or any Subcontractor with respect to any part of the Leased Space or any Subcontract. SAMPLE If Tenant fails to timely respond to customer correspondence or governmental notices and furnish the requisite copies to the Commissioner, it is an Event of Default. Tenant acknowledges that the City may suffer loss of goodwill and other harm the value of which is difficult to determine, and thus, in addition to any remedies for the Event of Default, the Commissioner will assess as liquidated damages against Tenant, and not as a penalty: (A) an amount of $200 per day for each day after the initial 72 hours until Tenant responds to the customer complaint or governmental notice andand (B) if Tenant fails to provide the requisite copies to the Commissioner, $100 per day (up to a maximum of 60 days) until the Tenant provides the Commissioner with the copies.
Appears in 1 contract
General Requirements for Operation of Concessions. Tenant Licensee has the authority to manage and administer the Concession in the Leased Licensed Space, subject to the rights of the City under the law, in equity, and under this Agreement to direct Tenant Licensee in order to ensure that the Airport Cultural Center operates in the most effective and efficient way possible and to supervise the TenantLicensee’s performance. Tenant Licensee covenants to take all commercially reasonable measures to maintain, develop, facilitate and increase the business of the Concession so as to maximize Gross Revenues. Tenant Licensee further covenants that neither it nor any Affiliate of Tenant Licensee will divert or cause or allow to be diverted any business from the Leased Licensed Space to other locations not at the Airport Cultural Center that are operated by Tenant Licensee or any Affiliate of TenantLicensee. A material condition of this Agreement is that Tenant Licensee must operate the Concession operations in accordance with the Airport Cultural Center Concession Program Handbook, attached hereto as Exhibit 6Artwork Standards, and the following general requirements:
A. Unless otherwise approved by the Commissioner in writing, Tenant Licensee must conduct business in its Retail Licensed Space only in the TenantLicensee’s trade name identified in its response to the Term SheetRFP.
B. Unless authorized in writing by the Commissioner, Tenant Licensee must not install or operate any coin, card, token or otherwise activated vending machines or devices of any kind or type. SAMPLE.
C. Tenant Licensee must conduct its Concession operations in a first-class, businesslike, efficient, courteous, and accommodating manner consistent with the “Physical Inspection Standards” that appear in Appendix 1 of the Airport Concession Program Handbookmanner. The Commissioner has the right to make reasonable objections to the appearance and condition of the Leased Licensed Space if they do not comply with the Physical Inspection Standardsthese standards. Tenant Licensee must discontinue or remedy any non- non-compliant practice, appearance or condition within five days following receipt of a written notice by the Commissioner (or immediately upon receipt of such a notice if the Commissioner or Corporation Counsel deems non-compliance hazardous or illegal). TenantLicensee’s failure to timely cure the non- non-compliance as required by the Commissioner would cause the City damages including, among other things, loss of goodwill, that would be difficult or impossible to prove or quantify. Accordingly, if Tenant Licensee fails to timely cure non-compliance, then, in addition to all other remedies the City may have at law, in equity or under this Agreement, and beginning on the first day after expiry of the five-day cure period, Tenant Licensee must pay the City, as liquidated damages in connection with the loss of good will among visitors to the TerminalsCultural Center, and not as a penalty, the amount of $200 per day 100 for each non- non-compliant practice, appearance or condition specified in the notice that remains uncured after the cure period.
D. Tenant Licensee must neither commit nor allow any nuisance, noise or waste in the Leased Licensed Space or annoy, disturb or be offensive to others in the TerminalsCultural Center. Tenant Licensee must employ all reasonable means to prevent or eliminate unusual, nauseating or objectionable smoke, gases, vapors or odors from escaping emanating from the Leased Licensed Space. Tenant Licensee must employ all reasonable means to eliminate vibrations and to maintain the lowest possible sound level in the operation of the Concession.
E. Tenant Licensee must at all times accept as suitable payment for any sale of Merchandise Products any of at least three nationally recognized credit cards, such as but not limited to American Express, Visa, MasterCard and Discover. Tenant must give a receipt with each purchase and must post signs prominently near its cash registers offering some bonus or compensation to the customer if no receipt is given. Tenant must make change for the public regardless of whether or not a purchase is made.
F. Tenant Licensee shall at all times during the Term of this Agreement be compliant with the Payment Card Industry (“PCI”) Data Security Standard to the extent applicable to the Services and shall be responsible for the security of the payment cardholder data in its possession. Licensee shall provide City such information as the City may reasonably require regarding Licensee’s compliance with such PCI requirements, including, at a minimum, an annual certificate of compliance by Licensee with the PCI Data Security Standard. In the event of Licensee’s non-compliance with the PCI Data Security Standard and/or in the event of a data breach, Licensee must inform the City immediately, and, at Licensee’s expense, must take all curative measures necessary to remedy such non- compliance or data breach.
G. Licensee must not place or install any racks, stands, or trade fixtures directly on or over the boundaries of its Leased Licensed Space. Tenant Licensee must not use any space outside the Leased Licensed Space for sale, storage or any other undertaking, other than in connection with deliveries made in a prompt, timely and efficient manner.
G. H. In its capacity as Tenant Licensee under this Agreement, and not as an agent of the City, Tenant Licensee must manage the Concession operations and the Leased Licensed Space in accordance with this Agreement, in furtherance of which Tenant Licensee must, among other things:
(i) use reasonable efforts to remedy problems and issues raised by Airport Cultural Center patrons with respect to the operation of the Leased Licensed Space;
(ii) answer in writing all written customer complaints within 72 hours after receipt, furnishing a copy of the complaint and the answer to the Commissioner within that period; and,
(iii) furnish the Commissioner within 72 hours after their receipt copies of all written notices received by Tenant Licensee from any governmental authority or any Subcontractor with respect to any part of the Leased Licensed Space or any Subcontract. SAMPLE If Tenant Licensee fails to timely respond to customer correspondence or governmental notices and furnish xxxxxxx the requisite copies to the Commissioner, it is an Event of Default. Tenant Licensee acknowledges that the City may suffer loss of goodwill and other harm the value of which is difficult to determine, and thus, in addition to any remedies for the Event of Default, the Commissioner will assess as liquidated damages against TenantLicensee, and not as a penalty: :
(A) an amount of $200 100 per day for each day after the initial 72 hours until Tenant Licensee responds to the customer complaint or governmental notice andand (B) if Licensee fails to provide the requisite copies to the Commissioner, $100 per day until the Licensee provides the Commissioner with the copies. Licensee’s failure to perform either (A) or
(B) for a period of 30 days or more will be grounds for the City declaring an Event of Default pursuant to Article IX, in which event Licensee will have no longer than 10 days to cure the Event of Default.
Appears in 1 contract
General Requirements for Operation of Concessions. Tenant has the authority to manage and administer the Concession in the Leased Space, subject to the rights of the City under the law, in equity, and under this Agreement to direct Tenant in order to ensure that the Airport operates in the most effective and efficient way possible and to supervise the Tenant’s performance. Tenant covenants to take all commercially reasonable measures to maintain, develop, facilitate and increase the business of the Concession so as to maximize Gross Revenues. Tenant further covenants that neither it nor any Affiliate of Tenant will divert or cause or allow to be diverted any business from the Leased Space to other locations not at the Airport that are operated by Tenant or any Affiliate of Tenant. A material condition of this Agreement is that Tenant must operate the Concession operations in accordance with the Airport Concession Program Handbook, attached hereto as Exhibit 6, and the following general requirements:
A. Unless otherwise approved by the Commissioner in writing, Tenant must conduct business in its Retail Space only in the Tenant’s trade name identified in the Term Sheet.
B. Unless authorized in writing by the Commissioner, Tenant must not install or operate any coin, card, token or otherwise activated vending machines or devices of any kind or type. SAMPLE.
C. Tenant must conduct its Concession operations in a first-class, businesslike, efficient, courteous, and accommodating manner consistent with the “"Physical Inspection Standards” " that appear in Appendix 1 of the Airport Concession Program Handbook. The Commissioner has the right to make reasonable objections to the appearance and condition of the Leased Space if they do not comply with the Physical Inspection Standards. Tenant must discontinue or remedy any non- compliant practice, appearance or condition within five days following receipt of a written notice by the Commissioner (or immediately upon receipt of such a notice if the Commissioner or Corporation Counsel deems non-compliance hazardous or illegal). Tenant’s failure to timely cure the non- compliance as required by the Commissioner would cause the City damages including, among other things, loss of goodwill, that would be difficult or impossible to prove or quantify. Accordingly, if Tenant fails to timely cure non-compliance, then, in addition to all other remedies the City may have at law, in equity or under this Agreement, and beginning on the first day after expiry of the five-day cure period, Tenant must pay the City, as liquidated damages in connection with the loss of good will among visitors to the Terminals, and not as a penalty, the amount of $200 per day for each non- compliant practice, appearance or condition specified in the notice that remains uncured after the cure period.
D. Tenant must neither commit nor allow any nuisance, noise or waste in the Leased Space or annoy, disturb or be offensive to others in the Terminals. Tenant must employ all reasonable means to prevent or eliminate unusual, nauseating or objectionable smoke, gases, vapors or odors from escaping from the Leased Space. Tenant must employ all reasonable means to eliminate vibrations and to maintain the lowest possible sound level in the operation of the Concession.
E. Tenant must at all times accept as suitable payment for any sale of Merchandise any of at least three nationally recognized credit cards, such as but not limited to American Express, Visa, MasterCard and Discover. Tenant must give a receipt with each purchase and must post signs prominently near its cash registers offering some bonus or compensation to the customer if no receipt is given. Tenant must make change for the public regardless of whether or not a purchase is made.
F. Tenant must not place or install any racks, stands, or trade fixtures directly on or over the boundaries of its Leased Space. Tenant must not use any space outside the Leased Space for sale, storage or any other undertaking, other than in connection with deliveries made in a prompt, timely and efficient manner.
G. In its capacity as Tenant under this Agreement, and not as an agent of the City, Tenant must manage the Concession operations and the Leased Space in accordance with this Agreement, in furtherance of which Tenant must, among other things:
(i) use reasonable efforts to remedy problems and issues raised by Airport patrons with respect to the operation of the Leased Space;
(ii) answer in writing all written customer complaints within 72 hours after receipt, furnishing a copy of the complaint and the answer to the Commissioner within that period; and,
(iii) furnish the Commissioner within 72 hours after their receipt copies of all written notices received by Tenant from any governmental authority or any Subcontractor with respect to any part of the Leased Space or any Subcontract. SAMPLE If Tenant fails to timely respond to customer correspondence or governmental notices and furnish the requisite copies to the Commissioner, it is an Event of Default. Tenant acknowledges that the City may suffer loss of goodwill and other harm the value of which is difficult to determine, and thus, in addition to any remedies for the Event of Default, the Commissioner will assess as liquidated damages against Tenant, and not as a penalty: (A) an amount of $200 per day for each day after the initial 72 hours until Tenant responds to the customer complaint or governmental notice andand (B) if Tenant fails to provide the requisite copies to the Commissioner, $100 per day (up to a maximum of 60 days) until the Tenant provides the Commissioner with the copies.
Appears in 1 contract
General Requirements for Operation of Concessions. Tenant Licensee has the authority to manage and administer the Concession in the Leased Licensed Space, subject to the rights of the City under the law, in equity, and under this Agreement to direct Tenant Licensee in order to ensure that the Airport Park operates in the most effective and efficient way possible and to supervise the TenantLicensee’s performance. Tenant Licensee covenants to take all commercially reasonable measures to maintain, develop, facilitate and increase the business of the Concession so as to maximize Gross Revenues. Tenant Licensee further covenants that neither it nor any Affiliate of Tenant Licensee will divert or cause or allow to be diverted any business from the Leased Licensed Space to other locations not at the Airport Park that are operated by Tenant Licensee or any Affiliate of TenantLicensee. A material condition of this Agreement is that Tenant Licensee must operate the Concession operations subject to and in accordance with the Airport Concession Program HandbookMillennium Park Rules, attached hereto as Exhibit 6the Millennium Park Ordinance (Municipal Code of Chicago Section 10-36-140), and the following general requirements:
A. Unless otherwise approved by the Commissioner in writing, Tenant Licensee must conduct business in its Retail Licensed Space only in the TenantLicensee’s trade name identified in its response to the Term SheetRFP.
B. Unless authorized in writing by the Commissioner, Tenant Licensee must not install or operate any coin, card, token or otherwise activated vending machines or devices of any kind or type. SAMPLE.
C. Tenant Licensee must conduct its Concession operations in a first-class, businesslike, efficient, courteous, and accommodating manner consistent with the “Physical Inspection Standards” that appear in Appendix 1 of the Airport Concession Program Handbookmanner. The Commissioner has the right to make reasonable objections to the appearance and condition of the Leased Licensed Space if they do not comply with the Physical Inspection Standardsthese standards. Tenant Licensee must discontinue or remedy any non- non-compliant practice, appearance or condition within five days following receipt of a written notice by the Commissioner (or immediately upon receipt of such a notice if the Commissioner or Corporation Counsel deems non-non- compliance hazardous or illegal). TenantLicensee’s failure to timely cure the non- non-compliance as required by the Commissioner would cause the City damages including, among other things, loss of goodwill, that would be difficult or impossible to prove or quantify. Accordingly, if Tenant Licensee fails to timely cure non-compliance, then, in addition to all other remedies the City may have at law, in equity or under this Agreement, and beginning on the first day after expiry of the five-day cure period, Tenant Licensee must pay the City, as liquidated damages in connection with the loss of good will among visitors to the TerminalsPark, and not as a penalty, the amount of $200 per day 100 for each non- compliant practice, appearance or condition specified in the notice that remains uncured after the cure period.
D. Tenant Licensee must neither commit nor allow any nuisance, noise or waste in the Leased Licensed Space or annoy, disturb or be offensive to others in the TerminalsPark. Tenant Licensee must employ all reasonable means to prevent or eliminate unusual, nauseating or objectionable smoke, gases, vapors or odors from escaping emanating from the Leased Licensed Space. Tenant Licensee must employ all reasonable means to eliminate vibrations and to maintain the lowest possible sound level in the operation of the Concession.
E. Tenant Licensee must at all times accept as suitable payment for any sale of Merchandise Products any of at least three nationally recognized credit cards, such as but not limited to American Express, Visa, MasterCard and Discover. Tenant must give a receipt with each purchase and must post signs prominently near its cash registers offering some bonus or compensation to the customer if no receipt is given. Tenant must make change for the public regardless of whether or not a purchase is made.
F. Tenant Licensee shall at all times during the Term of this Agreement be compliant with the Payment Card Industry (“PCI”) Data Security Standard to the extent applicable to the Services and shall be responsible for the security of the payment cardholder data in its possession. Licensee shall provide City such information as the City may reasonably require regarding Licensee’s compliance with such PCI requirements, including, at a minimum, an annual certificate of compliance by Licensee with the PCI Data Security Standard. In the event of Licensee’s non-compliance with the PCI Data Security Standard and/or in the event of a data breach, Licensee must inform the City immediately, and, at Licensee’s expense, must take all curative measures necessary to remedy such non-compliance or data breach.
G. Licensee must not place or install any racks, stands, or trade fixtures directly on or over the boundaries of its Leased Licensed Space. Tenant Licensee must not use any space outside the Leased Licensed Space for sale, storage or any other undertaking, other than in connection with deliveries made in a prompt, timely and efficient manner.
G. H. In its capacity as Tenant Licensee under this Agreement, and not as an agent of the City, Tenant Licensee must manage the Concession operations and the Leased Licensed Space in accordance with this Agreement, in furtherance of which Tenant Licensee must, among other things:
(i) use reasonable efforts to remedy problems and issues raised by Airport Park patrons with respect to the operation of the Leased Licensed Space;
(ii) answer in writing all written customer complaints within 72 hours after receipt, furnishing a copy of the complaint and the answer to the Commissioner within that period; and,
(iii) furnish the Commissioner within 72 hours after their receipt copies of all written notices received by Tenant Licensee from any governmental authority or any Subcontractor with respect to any part of the Leased Licensed Space or any Subcontract. SAMPLE If Tenant Licensee fails to timely respond to customer correspondence or governmental notices and furnish the requisite copies to the Commissioner, it is an Event of Default. Tenant Licensee acknowledges that the City may suffer loss of goodwill and other harm the value of which is difficult to determine, and thus, in addition to any remedies for the Event of Default, the Commissioner will assess as liquidated damages against TenantLicensee, and not as a penalty: (A) an amount of $200 100 per day for each day after the initial 72 hours until Tenant Licensee responds to the customer complaint or governmental notice andand (B) if Licensee fails to provide the requisite copies to the Commissioner, $100 per day until the Licensee provides the Commissioner with the copies. Licensee’s failure to perform either (A) or (B) for a period of 30 days or more will be grounds for the City declaring an Event of Default pursuant to Article IX, in which event Licensee will have no longer than 10 days to cure the Event of Default.
Appears in 1 contract
Samples: Concession License Agreement
