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 9, 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.
Appears in 29 contracts
Samples: Agreement, Concession Agreement, Concession Agreement
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 910, 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.
Appears in 28 contracts
Samples: Mobile Food, www.state.nj.us, www.njparksandforests.org
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 9, 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.
Appears in 2 contracts
Samples: Concession Agreement, nj.gov
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 98, 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.
Appears in 1 contract
Samples: njparksandforests.net
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 9, 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.
Appears in 1 contract
Samples: www.njparksandforests.org