OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. Concessionaire acknowledges that the Facilities set forth in Exhibit A and Exhibit B are part of the City's International Terminal Redevelopment Project ("ITRP") and will be made available for development by Concessionaire upon substantial completion of the construction elements of ITRP allowing for access to the area, planned between 2023 and 2026. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve, refurbishments and or construction. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $7,000.00 per day for Concessionaire’s failure to meet each of the deadlines set forth in Section 4.1.1., provided the failure to meet any such deadline is not due to a Force Majeure event or any action, omission, or material delay caused by the City, as any such Force Majeure event, action, omission, or material delay is determined to apply to this Section 4.1.2. by the Director in his sole discretion. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $7000.00 per day is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.
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Samples: Retail Concession Agreement, Food and Beverage Concession Agreement
OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. Concessionaire acknowledges that the Facilities set forth in Exhibit A and Exhibit B are part of the City's International Terminal Redevelopment Project ("ITRP") and will be made available for development by Concessionaire upon substantial completion of the construction elements of ITRP allowing for access to the area, planned between 2023 and 20264.1.1. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve, refurbishments and or constructionconstruction.
4.1.2. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $7,000.00 per day for Concessionaire’s failure to meet each of the deadlines set forth in Section 4.1.1., provided the failure to meet any such deadline is not due to a Force Majeure event or any action, omission, or material delay caused by the City, as any such Force Majeure event, action, omission, or material delay is determined to apply to this Section 4.1.2. by the Director in his sole discretion. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $7000.00 per day is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.
4.1.3. Concessionaire shall submit to the Director fully complete and ready to bid plans and specifications (which could include design for replacement of all existing plumbing and drainage elements, including but not limited to grease lines, grease traps, and food and beverage preparation area floor coverings for all phases of construction, together with fully developed demolition and build out schedules (inclusive of start dates for demolition and construction, the sequencing of work by trade, milestones, dates of substantial completion, and the date Concessionaire will begin operating its Concession in each Facility)) for all the Facilities set forth in Exhibit A in a timely manner to ensure that the deadlines set forth in this Agreement are met, taking into account time for permitting and the Director’s review and authority to require modifications (and rejection set forth in Section 4.1.
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OBLIGATION TO DEMOLISH, DESIGN, CONSTRUCT, AND REFURBISH. Concessionaire acknowledges that the Facilities set forth in Exhibit A and Exhibit B are part of the City's International Terminal Redevelopment Project ("ITRP") and will be made available for development by Concessionaire upon substantial completion of the construction elements of ITRP allowing for access to the area, planned between 2023 and 2026. Concessionaire takes the Facilities set forth in Exhibit A and Exhibit B in their “as is” condition. City makes no representation as to the capacity of the Facilities to meet the retail service requirements of Concessionaire nor of the Facilities’ capacity to meet the performance requirements of this Agreement. Concessionaire agrees that at its sole cost and expense, to design, refurbish or build out the Facilities set forth in Exhibit A (including but not limited to all infrastructure associated with each Facility such as plumbing and electrical) in phases approved by Concessionaire and approved by the Director. Concessionaire shall do so at sole cost to said concessionaire. City has the right to approve, refurbishments and or construction. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $7,000.00 per day for Concessionaire’s failure to meet each of the deadlines set forth in Section 4.1.1., provided the failure to meet any such deadline is not due to a Force Majeure event or any action, omission, or material delay caused by the City, as any such Force Majeure event, action, omission, or material delay is determined to apply to this Section 4.1.2. by the Director in his sole discretion. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $7000.00 per day is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.
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