Port Authority Wireless Provider Clause Samples

Port Authority Wireless Provider. The parties acknowledge that the Port Authority is presently a party to an agreement with New York Telecom Partners LLC (dba Boingo) (herein referred to as the “PA Wireless Provider”) pursuant to which that entity has been granted exclusive rights to provide wireless services in public areas at the Airport and other Port Authority facilities. Any and all arrangements involving wireless services at or with respect to the Airport generally, or at or with respect to the Premises specifically, such as in connection with Lessee’s wireless services in its lounge locations and for its operations, shall be coordinated by the Lessee with the PA Wireless Provider (or any successor designated by the Port Authority) so as to ensure that all wireless-related activities in public areas, whether they are conducted via iPads or otherwise: (i) do not cause the Port Authority to be in breach, default or non-compliance under its agreement with the PA Wireless Provider (or any successor designed by the Port Authority) and (ii) enable the Port Authority to enforce its policies consistently at its various facilities. Any act or omission by the Lessee or any of its Affiliates, officers, employees, agents, representatives, Contractors (including, without limitation, any concession manager which is an independent contractor of the Lessee) or Sublessees in violation of this provision which causes the Port Authority to be in breach, default or non-compliance of its agreement with the PA Wireless Provider (or any successor thereto) shall constitute a material default of this Agreement. In addition, the Lessee shall indemnify and hold harmless the Port Authority Indemnified Parties from and against any claims based on, relating to, or arising out of any act or omission by the Lessee or the Lessee’s Users in violation of this provision which causes there to be a breach, default or non-compliance with the PA Wireless Provider agreement (or any successor thereto). For the avoidance of doubt, club rooms, airline-operated passenger and employee lounges and operational areas not accessible to the general public shall not constitute public areas.