Common use of Premium Value Concessions Program Clause in Contracts

Premium Value Concessions Program. A. The Department of Aviation has created a “Premium Value Concessions Program” (“PVC Program”) described in the Airport Rules and Regulations (the “PVC Rules”) to reward certain categories of concessionaires which maintain the high performance standards defined in the PVC Rule. B. Concessionaire acknowledges that it is required by this Agreement and the PVC Rules to participate as a single location in the PVC Program. The major and minor categories and square footage relating to Concessionaire’s participation in the PVC Program are listed on the Summary Page. Concessionaire agrees that upon written notice from the Manager, Concessionaire shall contribute Concessionaire’s prorated share of the cost of PVC Program, which will be calculated in accordance with the methodology set forth in the PVC Rules. Concessionaire’s contribution shall be payable to the City in advance, without setoff, deduction, prior notice or abatement commencing on the first day of every month following the City’s notification and continuing until the Joint Marketing Fund generates One Million Dollars in annual revenue. C. The City shall not be obligated to expend more for the PVC Program than is actually collected from Concessionaires. All services related to the PVC Program and all personnel engaged by the City to provide services related to the PVC Program, including the services of a Third Party Administrator, as that term is defined in the PVC Rules shall be under the exclusive control and supervision of the City. D. Under certain circumstances described in the PVC Rules, the Manager, in her sole and absolute discretion, may terminate the PVC Program upon 30 days notice to Concessionaire. E. In the event of a conflict between any provision of the PVC Rules and this Agreement, the provisions of this Agreement including the Summary Page, exhibits and appendices appended hereto shall govern.

Premium Value Concessions Program. A. The Department of Aviation 1. City has created a “Premium Value Concessions Program” Program (“PVC Program”) described in the Airport pursuant to Rule 45 and Rule 46 of DEN’s Rules and Regulations (the “PVC Rules”) to reward certain categories of concessionaires which Concessionaires that maintain the high performance standards as defined in the PVC RuleRules. The PVC Program and PVC Rules may be amended during the Term, and such changes shall be deemed incorporated into this Agreement. B. 2. Concessionaire acknowledges and accepts that it is required by this Agreement and the PVC Rules to participate as a single location in the PVC Program. Concessionaire understands and agrees that the City hereby reserves right to unilaterally amend the PVC Rules as needed, in accordance with D.R.M.C. Section 2-91, without need for formal amendment to this Agreement. 3. The major and minor categories and square footage relating to Concessionaire’s participation in the PVC Program are listed on the Summary Pageof Contract Provisions. The costs of the PVC Program are paid from the Joint Marketing Fund. Concessionaire agrees that upon written notice from the ManagerCEO, Concessionaire shall contribute Concessionaire’s prorated pro-rated share of the any additional cost of PVC Program, which will be calculated in accordance with the methodology set forth in the PVC Rules. Concessionaire’s contribution shall be payable to the City in advance, advance without setoff, deduction, prior notice notice, or abatement commencing on the first day of every month following the City’s notification and continuing until the Joint Marketing Fund generates One Million Dollars in annual revenueabatement. C. The 4. City shall not be obligated to expend more for the PVC Program than is actually collected from Concessionaires. All services related to the PVC Program and all personnel engaged by the City to provide services related to the PVC Program, including the services of a Third Party Administrator, Administrator as that term is defined in the PVC Rules Rules, shall be under the exclusive control and supervision of the City. D. 5. Under certain circumstances described in the PVC Rules, the Manager, in her CEO has the sole and absolute discretion, may discretion to terminate the PVC Program. Concessionaire acknowledges and accepts that it has no vested rights under the PVC Program upon 30 days notice or to Concessionairethe PVC Benefit until a benefit determination has been made under the PVC Rules in effect on the date of the Benefit Determination. E. 6. Concessionaire agrees to waive its right to attorney fees and costs for any litigation between Concessionaire and City over the PVC Program or PVC Rules. Concessionaire covenants to pay all City’s reasonable costs and fees in the event of litigation between Concessionaire and City over the PVC Program or PVC Rules resolved in City’s favor. 7. In the event of a conflict between any provision of the PVC Rules and this Agreement, the provisions of this Agreement Agreement, including the Summary Pageof Contract Provisions, exhibits Exhibits, and appendices Appendices appended hereto and attached hereto, shall govern.

Premium Value Concessions Program. A. The Department of Aviation 1. City has created a “Premium Value Concessions Program” Program (“PVC Program”) described in the Airport pursuant to Rule 45 and Rule 46 of DEN’s Rules and Regulations (the “PVC Rules”) to reward certain categories of concessionaires which that maintain the high performance standards as defined in the PVC RuleRules. B. 2. Concessionaire acknowledges and accepts that it is required by this Agreement and the PVC Rules to participate as a single location in the PVC Program. Each Concession Location will be evaluated separately in accordance with the PVC Rules. The major and minor categories and square footage relating to Concessionaire’s participation in the PVC Program are listed on the Summary Pageof Contract Provisions. The actual cost of the PVC Program is paid for out of funds collected through fees paid into the Joint Marketing Fund. Concessionaire agrees that upon written notice from the ManagerCEO, Concessionaire shall contribute Concessionaire’s prorated pro- rated share of the any additional cost of PVC Program, which will be calculated in accordance with the methodology set forth in the PVC Rules. Concessionaire’s contribution shall be payable to the City in advance, advance without setoff, deduction, prior notice notice, or abatement commencing on the first day of every month following the City’s notification and continuing until the Joint Marketing Fund generates One Million Dollars in annual revenueabatement. C. The 3. City shall not be obligated to expend more for the PVC Program than is actually collected from Concessionaires. All services related to the PVC Program and all personnel engaged by the City to provide services related to the PVC Program, including the services of a Third Party Administrator, Administrator as that term is defined in the PVC Rules Rules, shall be under the exclusive control and supervision of the City. D. 4. Under certain circumstances described in the PVC Rules, the Manager, in her CEO has the sole and absolute discretion, may discretion to terminate the PVC Program upon 30 days a thirty (30) day written notice to Concessionaire. E. 5. Concessionaire agrees to waive its right to attorney fees and costs for any litigation between Concessionaire and City over the PVC Program or PVC Rules. Concessionaire, covenants to pay all City’s reasonable costs and fees in the event of litigation between Concessionaire and City over the PVC Program or PVC Rules resolved in City’s favor. 6. In the event of a conflict between any provision of the PVC Rules and this Agreement, the provisions of this Agreement Agreement, including the Summary Page, exhibits Exhibits, and appendices Appendices appended hereto and attached hereto, shall govern. City may prohibit Concessionaire from participating in any promotional activities including, but not limited to Grand Opening events, if Concessionaire is in breach of this Agreement.

Premium Value Concessions Program. A. The Department of Aviation 1. City has created a “Premium Value Concessions Program” Program (“PVC Program”) described in the Airport pursuant to Rule 45 and Rule 46 of DEN’s Rules and Regulations (the “PVC Rules”) to reward certain categories of concessionaires which that maintain the high performance standards as defined in the PVC RuleRules. B. 2. Concessionaire acknowledges and accepts that it is required by this Agreement and the PVC Rules to participate as a single location in the PVC Program. Each Concession Location will be evaluated separately in accordance with the PVC Rules. The major and minor categories and square footage relating to Concessionaire’s participation in the PVC Program are listed on the Summary Pageof Contract Provisions. The actual cost of the PVC Program is paid for out of funds collected through fees paid into the Joint Marketing Fund. Concessionaire agrees that upon written notice from the ManagerCEO, Concessionaire shall contribute Concessionaire’s prorated pro-rated share of the any additional cost of PVC Program, which will be calculated in accordance with the methodology set forth in the PVC Rules. Concessionaire’s contribution shall be payable to the City in advance, advance without setoff, deduction, prior notice notice, or abatement commencing on the first day of every month following the City’s notification and continuing until the Joint Marketing Fund generates One Million Dollars in annual revenueabatement. C. The 3. City shall not be obligated to expend more for the PVC Program than is actually collected from Concessionaires. All services related to the PVC Program and all personnel engaged by the City to provide services related to the PVC Program, including the services of a Third Party Administrator, Administrator as that term is defined in the PVC Rules Rules, shall be under the exclusive control and supervision of the City. D. 4. Under certain circumstances described in the PVC Rules, the Manager, in her CEO has the sole and absolute discretion, may discretion to terminate the PVC Program upon 30 days notice to Concessionaire. E. In the event of a conflict between any provision of the PVC Rules and this Agreement, the provisions of this Agreement including the Summary Page, exhibits and appendices appended hereto shall govern.thirty