PAYMENT ABATEMENT. A. In the event that Concessionaire is unable to operate the Concession Premises as a direct result of the performance of, failure to perform or negligent performance by Department, its officers, agents, servants, and employees, of any act under the control or responsibility of Department, Concessionaire may be considered for an abatement of payment for the period that the Concession Premises cannot be operated. Circumstances for consideration of payment abatement shall include but not be limited to, disruption caused by Department construction activities in or around the Concession Premises and interruption of utility service as a result of actions by Department. Construction activities outside the control of Department and interruption of utility services by the utility service provider shall not be grounds for abatement. Suspension of Operations, as provided in Paragraph 10, shall not be grounds for abatement. Notwithstanding the circumstances, the decision whether or not to grant an abatement and the amount of any abatement lies completely within the discretion of Department.
B. State Park Service facilities are subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from HAB, inclement weather, water quality, staffing, or emergencies. Payment abatements will not be given for inclement weather, water quality closures, or government closures. Department shall only consider payment abatements for closures due to HAB if it is confirmed by Department. Further, Department will not consider payment abatement for closures due to HAB or staffing until the total number of full-day closures exceeds more than five (5) consecutive calendar days. No abatements will be given for partial closures that do not extend fully during the Core Business Hours of 11:00 a.m. through 3:00 p.m.
C. To be eligible for consideration for payment abatement, Concessionaire shall submit a written request to Department setting forth specific details and circumstances comprising grounds for abatement and the amount of abatement requested. Said request shall be submitted in the approved Department format within thirty (30) calendar days of the last day for which abatement is claimed.
D. All abatement awards shall be adjusted, disbursed or credited after the Annual Report and final payment are received.
PAYMENT ABATEMENT. Concessionaire acknowledges that the Area is subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. Concessionaire further acknowledges that payment abatements will not be given if Concessionaire is unable to operate the Concession Premises for any reason.
PAYMENT ABATEMENT. Concessionaire acknowledges that the Marina is subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from inclement weather, water quality, staffing, or emergencies. Payment abatements will not be given if Concessionaire is unable to operate the Concession Premises for any reason.
PAYMENT ABATEMENT. Licensee acknowledges that the Area is subject to unscheduled closures for reasons of health, public welfare, public safety, weather, and government closures. Information pertaining to park closures can be found at the Area’s website and social media pages. Licensee further acknowledges that payment abatements will not be given if Licensee is unable to operate the License Operation for any reason.
PAYMENT ABATEMENT. Licensee acknowledges that payment abatements will not be given if Licensee is unable to operate the Licensed Premises for any reason. A refund shall only be issued if Department cancels the History Fair during the entire Period of Operation and during the Core Business Hours of 11:00 a.m. through 5:00 p.m. No refund will be given for any partial closure.
PAYMENT ABATEMENT. Licensee acknowledges that the Area is subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. Licensee further acknowledges that payment abatements will not be given if Licensee is unable to operate the Licensed Premises for any reason.
PAYMENT ABATEMENT. Licensee acknowledges that the Area is subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. Licensee further acknowledges that payment abatements will not be given if Licensee is unable to operate the Department-Designated Delivery/Pickup Sites and/or launch boats and related equipment onto Atsion Lake, Batsto River, Mullica River, Oswego River, and Wading River for any reason.
PAYMENT ABATEMENT. A. Concessionaire acknowledges that the Area is subject to unscheduled closures for reasons including, but not limited to, health concerns, public welfare, public safety, harmful algal bloom, staffing, and government closures. Concessionaire further acknowledges that payment abatements will not be given if Concessionaire is unable to operate the Concession Premises for any reason, or if the Concessionaire closes the Concession with Area Superintendent approval pursuant to Paragraph 6(C).
PAYMENT ABATEMENT. Operator acknowledges that the Marina is subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. Payment abatements will not be given if Operator is unable to operate the Operation Area for any reason.
PAYMENT ABATEMENT. Concessionaire acknowledges that the Area is subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from inclement weather, water quality, staffing, or emergencies. Concessionaire’s Operation shall be subject to all North Jersey District Water Supply Commission (NJDWSC) restrictions at the Area. Payment abatements will not be given if Concessionaire is unable to operate the Concession Premises for any reason.