Common use of Midterm Refurbishment Clause in Contracts

Midterm Refurbishment. In addition to the ongoing, routine maintenance described in Section 7.14, Tenant shall, at its sole cost and expense, commence Midterm Refurbishment. The Midterm Refurbishment shall include without limitation all modernizing, refinishing, repair, replacement, redecorating, repainting, and re-flooring necessary for the purpose of keeping concession and its technology contemporary and competitive with current concession trends and methods and keeping the Leased Premises in optimal condition. The scope and extent of the Midterm Refurbishment for each Concession shall be jointly determined by County and Tenant, but shall not exceed the cost of $100 per square foot. If Tenant and County cannot jointly agree upon the necessary scope and extent of the Midterm Refurbishment for any Concession, County may, at its sole discretion, determine the refurbishment required and Tenant agrees to be bound by County’s determination. Tenant’s plans, specifications, and schedule for refurbishment must be in accordance with Airport Xxxx Xxxxx Airport Construction Standards and Tenant Design Guidelines. Tenant shall submit its plan specifications for refurbishment to County for review and approval no later than 80 months from the Term Commencement Date. Tenant shall complete the Midterm Refurbishment, as approved by the Airport Director within one-hundred eighty (180) days from the midterm of the Agreement. The midterm of the Agreement is ninety (90) months from the Term Commencement Date. Failure to complete the refurbishment by said date shall be cause for termination of the Agreement, and/or at the direction of the Airport Director the sum of five hundred dollars ($500.00) per day until the Midterm Refurbishment has been completed to the satisfaction of the County. This amount shall be in addition to all other sums due under this Lease. The plans and specifications shall be certified by an architect or engineer licensed by the State of California and shall consist of (a) working drawings, (b) technical specifications, and (c) proposed equipment upgrades or changes. When documenting each refurbishment minimum investment required by the Lease, architectural and engineering charges not exceeding 15% of the total investment may be included. Construction costs shall not include indirect costs such as financing costs, holding costs, legal fees, interest, administrative and overhead expenses, internal design, review, management and oversight of construction on leased premises, Tenant’s licensing or franchising costs, bond premiums, or developer fees.

Midterm Refurbishment. In addition to the ongoing, routine maintenance described in Section 7.14, Tenant shall, at its sole cost and expense, commence Midterm Refurbishment. The Midterm Refurbishment shall include without limitation all modernizing, refinishing, repair, replacement, redecorating, repainting, and re-flooring necessary for the purpose of keeping concession and its technology contemporary and competitive with current concession trends and methods methods, and keeping the Leased Premises in optimal condition. The scope and extent of the Midterm Refurbishment for each Concession shall be jointly determined by County and Tenant, but shall not exceed the cost of $100 per square foot. If Tenant and County cannot jointly agree upon the necessary scope and extent of the Midterm Refurbishment for any Concession, County may, at its sole discretion, determine the refurbishment required and Tenant agrees to be bound by County’s determination. Tenant’s plans, specifications, and schedule for refurbishment must be in accordance with Airport Xxxx Xxxxx Airport Construction Standards and Tenant Design Guidelines. Tenant shall submit its plan specifications for refurbishment to County for review and approval no later than 80 months from the Term Commencement Date. Tenant shall complete the Midterm Refurbishment, as approved by the Airport Director within one-hundred eighty (180) days from the midterm of the Agreement. The midterm of the Agreement is ninety (90) months from the Term Commencement Date. Failure to complete the refurbishment by said date shall be cause for termination of the Agreement, and/or at the direction of the Airport Director the sum of five hundred dollars ($500.00) per day until the Midterm Refurbishment has been completed to the satisfaction of the County. This amount shall be in addition to all other sums due under this Lease. The plans and specifications shall be certified by an architect or engineer licensed by the State of California and shall consist of (a) working drawings, (b) technical specifications, and (c) proposed equipment upgrades or changes. When documenting each refurbishment minimum investment required by the Lease, architectural and engineering charges not exceeding 15% of the total investment may be included. Construction costs shall not include indirect costs such as financing costs, holding costs, legal fees, interest, administrative and overhead expenses, internal design, review, management and oversight of construction on leased premises, Tenant’s licensing or franchising costs, bond premiums, or developer fees.

Midterm Refurbishment. In addition to the ongoing, routine maintenance described in Section 7.14, Tenant shall, at its sole cost and expense, commence Midterm Refurbishment. The Midterm Refurbishment shall include without limitation all modernizing, refinishing, repair, replacement, redecorating, repainting, and re-flooring necessary for the purpose of keeping concession and its technology contemporary and competitive with current concession trends and methods methods, and keeping the Leased Premises in optimal condition. The scope and extent of the Midterm Refurbishment for each Concession shall be jointly determined by County and Tenant, but shall not exceed the cost of $100 per square foot. If Tenant and County cannot jointly agree upon the necessary scope and extent of the Midterm Refurbishment for any Concession, County may, at its sole discretion, determine the refurbishment required and Tenant agrees to be bound by County’s determination. Tenant’s plans, specifications, and schedule for refurbishment must be in accordance with Airport Xxxx Xxxxx Airport Construction Standards and Tenant Design Guidelines. Tenant shall submit its plan specifications for refurbishment to County for review and approval no later than 80 months from the Term Commencement Date. Tenant shall complete the Midterm Refurbishment, as approved by the Airport Director within one-hundred eighty (180) days from the midterm of the Agreement. The midterm of the Agreement is ninety (90) months from the Term Commencement Date. Failure to complete the refurbishment by said date shall be cause for termination of the Agreement, and/or at the direction of the Airport Director the sum of five hundred dollars DocuSign Envelope ID: C3FE23DB-91BD-434E-8B72-DA0A11B2473D ($500.00) per day until the Midterm Refurbishment has been completed to the satisfaction of the County. This amount shall be in addition to all other sums due under this Lease. The plans and specifications shall be certified by an architect or engineer licensed by the State of California and shall consist of (a) working drawings, (b) technical specifications, and (c) proposed equipment upgrades or changes. When documenting each refurbishment minimum investment required by the Lease, architectural and engineering charges not exceeding 15% of the total investment may be included. Construction costs shall not include indirect costs such as financing costs, holding costs, legal fees, interest, administrative and overhead expenses, internal design, review, management and oversight of construction on leased premises, Tenant’s licensing or franchising costs, bond premiums, or developer fees.

Midterm Refurbishment. In addition to the ongoing, routine maintenance described in Section 7.14, Tenant shall, at its sole cost and expense, commence Midterm Refurbishment. The Midterm Refurbishment shall include without limitation all modernizing, refinishing, repair, replacement, redecorating, repainting, and re-flooring necessary for the purpose of keeping concession and its technology contemporary and competitive with current concession trends and methods methods, and keeping the Leased Premises in optimal condition. The scope and extent of the Midterm Refurbishment for each Concession shall be jointly determined by County and Tenant, but shall not exceed the cost of $100 per square foot. If Tenant and County cannot jointly agree upon the necessary scope and extent of the Midterm Refurbishment for any Concession, County may, at its sole discretion, determine the refurbishment required and Tenant agrees to be bound by County’s determination. Tenant’s plans, specifications, and schedule for refurbishment must be in accordance with Airport Xxxx Xxxxx Airport Construction Standards and Tenant Design Guidelines. Tenant shall submit its plan specifications for refurbishment to County for review and approval no later than 80 months from the Term Commencement Date. Tenant shall complete the Midterm Refurbishment, as approved by the Airport Director within one-hundred eighty (180) days from the midterm of the Agreement. The midterm of the Agreement is ninety (90) months from the Term Commencement Date. Failure to complete the refurbishment by said date shall be cause for termination of the Agreement, and/or at the direction of the Airport Director the sum of five hundred dollars DocuSign Envelope ID: 3D69B7F0-C0A2-48D7-BAEA-EC290E626401 ($500.00) per day until the Midterm Refurbishment has been completed to the satisfaction of the County. This amount shall be in addition to all other sums due under this Lease. The plans and specifications shall be certified by an architect or engineer licensed by the State of California and shall consist of (a) working drawings, (b) technical specifications, and (c) proposed equipment upgrades or changes. When documenting each refurbishment minimum investment required by the Lease, architectural and engineering charges not exceeding 15% of the total investment may be included. Construction costs shall not include indirect costs such as financing costs, holding costs, legal fees, interest, administrative and overhead expenses, internal design, review, management and oversight of construction on leased premises, Tenant’s licensing or franchising costs, bond premiums, or developer fees.