Common use of PAYMENT ABATEMENT Clause in Contracts

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. 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 109, 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 harmful algal bloom (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. 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 109, 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, lifeguard 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. 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, lifeguard 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. 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, welfare and public safety, and government closures. These closures may result from HAB, inclement weather, water quality, quality or lifeguard staffing, or emergencies. Payment abatements will not be given for inclement weather, weather or 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. 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 109, 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, welfare and public safety, and government closures. These closures may result from HAB, inclement weather, water quality, quality or lifeguard staffing, or emergencies. Payment abatements will not be given for inclement weather, weather or 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. 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, lifeguard 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.established in Subparagraphs 7(B) and 7(C). 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 Reports and final payment are received.

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 109, shall not be grounds for abatement. Notwithstanding the circumstances, the decision whether or not to grant xxxxx 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 harmful algal bloom (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. 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 4:00 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. 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 109, 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, lifeguard 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.established in Subparagraphs 6(B) and 6(C). 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 Reports and final payment are received.

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 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 108, 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, welfare and public safety, and government closures. These closures may result from HAB, inclement weather, water quality, quality or lifeguard staffing, or emergencies. Payment abatements will not be given for inclement weather, weather or 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.Concessionaire’s scheduled Operating Hours, as approved, in writing, by Department. 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. A. In the event that Concessionaire is unable to operate the Concession Premises as a direct result of the performance ofperformance, failure to perform or negligent performance by Department, its officers, agents, servants, agents and employees, of any act under the control or responsibility of Department, Concessionaire may be considered for an abatement of payment revenue 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 the Department. Construction activities outside the control of the Department and interruption of utility services by the utility service provider shall not be grounds for abatement. Suspension of Operations, operations as provided in Paragraph 10, 35 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 the Department. B. State Park Service facilities are subject to unscheduled closures for reasons of health, public welfare, health and public safety, and government closures. These closures may result from HAB, inclement weather, water quality, quality or lifeguard staffing, or emergencies. Payment abatements will not be given for inclement weather, weather or water quality closures, or government closures. Department shall only consider payment abatements for closures due to HAB if it is confirmed by Department. Further, the 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 ten (510) 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.Hours. 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 annual report and final payment are received.

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 109, 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 harmful algal bloom (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 4:00 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.