Common use of Negotiations with Governmental Authorities Clause in Contracts

Negotiations with Governmental Authorities. (a) Prior to entering into any agreement with any Governmental Authority in connection with the LMM Airport Facility Operations (a “Government Agreement”), the Lessee shall submit such Government Agreement for Approval by the Authority, which Approval may be withheld, delayed or otherwise conditioned in the discretion of the Authority in the case of Government Agreements that extend or could extend beyond the Term (unless such agreement is assignable and subject to a right by the Authority to terminate such agreement without penalty upon three Business Days’ notice or less, effective upon such extension) or pursuant to which the Authority may incur any liability whatsoever. Notwithstanding the foregoing, if the absence of such Government Agreement may cause the Lessee or LMM Airport Facility Operations to fail to be in compliance with applicable Law or the terms of this Agreement, the Lessee may enter into such Government Agreement upon notice to the Authority; provided that the Lessee indemnifies the Authority for any Losses relating thereto. If the Lessee wishes the Authority to be a party to a Government Agreement, in the place and stead of, or in addition to, the Lessee, then the Lessee must provide notice of the proposed terms of such Government Agreement to the Authority for the Authority’s Approval, which Approval will be in the Authority’s discretion, and all costs and expenses incurred by the Authority in connection with or related to such Government Agreement shall be borne by the Lessee.

Appears in 3 contracts

Samples: Lease Agreement (Southeast Airport Group), Airport Lease Agreement, Airport Lease Agreement

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Negotiations with Governmental Authorities. (a) Prior to entering into any agreement with any Governmental Authority in connection with the LMM Airport Facility System Operations (a “Government Agreement”)) that extends or could extend beyond the Term (unless such extension is subject to a right by the Authority to terminate such agreement within three Business Days’ notice or less) or pursuant to which the Authority or the Borough may incur any liability whatsoever thereunder, the Lessee Concessionaire shall submit such Government Agreement for Approval by the Authority, Authority (which Approval may be withheld, delayed or otherwise conditioned in the discretion of the Authority in Authority) prior to the case of execution and delivery thereof (except with respect to Government Agreements that extend or could extend beyond the Term (unless such agreement is assignable and subject to a right by the Authority to terminate such agreement without penalty upon three Business Days’ notice or less, effective upon such extension) or pursuant to which the Authority may incur any liability whatsoever. Notwithstanding the foregoing, if the absence of such Government Agreement which may cause the Lessee Concessionaire or LMM Airport Facility System Operations to fail to be in compliance with applicable Law or the terms of this Agreement, in which case the Lessee Concessionaire may enter into such Government Agreement upon notice to the Authority; provided that the Lessee Concessionaire indemnifies the Authority for any Losses relating thereto). If the Lessee wishes Authority proposes to enter into a Government Agreement during the Term, the Authority shall inform the Concessionaire prior to be entering into such Government Agreement and provide the Concessionaire with a party reasonable amount of time and opportunity to a Government Agreement, in the place review and stead of, or in addition to, the Lessee, then the Lessee must provide notice of the proposed terms request modifications of such Government Agreement to the Authority for the Authority’s Approval, which Approval will be in the Authority’s discretion, and all costs and expenses incurred by the Authority in connection with or related to such Government Agreement shall be borne by the Lessee.Agreement.‌

Appears in 1 contract

Samples: Binding Proposal, Execution

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Negotiations with Governmental Authorities. (a) Prior to entering into any agreement with any Governmental Authority in connection with the LMM Airport Facility Parking Garage System Operations (a “Government Agreement”), the Lessee shall submit such Government Agreement for Approval by the Authority, which Approval may be withheld, delayed or otherwise conditioned in the discretion of the Authority in the case of Government Agreements ) that extend extends or could extend beyond the Term (unless such agreement extension is assignable and subject to a right by the Authority to terminate such agreement without penalty upon within three (3) Business Days’ notice or less, effective upon such extension) or pursuant to which the Authority may incur any liability whatsoever. Notwithstanding whatsoever thereunder, the foregoingConcessionaire shall submit such Government Agreement for Approval by the Authority (which Approval may be withheld, if delayed, or otherwise conditioned in the discretion of the Authority) prior to the execution and delivery thereof (except with respect to Government Agreements the absence of such Government Agreement which may cause the Lessee Concessionaire or LMM Airport Facility Parking Garage System Operations to fail to be in compliance with applicable Law or the terms of this Agreement, in which case the Lessee Concessionaire may enter into such Government Agreement upon notice to the Authority; provided that the Lessee indemnifies the Authority for any Losses relating thereto). If the Lessee Concessionaire wishes the City or the Authority to be a party to a Government Agreement, in the place and stead of, or in addition to, the LesseeConcessionaire, then the Lessee Concessionaire must provide notice of the proposed terms of such Government Agreement to the Authority for City or the Authority’s Approval, which as applicable, for Approval will be in the Authority’s discretion, and all costs and expenses incurred by the City or the Authority in connection with or related to such Government Agreement shall be borne by the LesseeConcessionaire.

Appears in 1 contract

Samples: Concession and Lease Agreement

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