Common use of Pricing and Products Clause in Contracts

Pricing and Products. 5.3.1. Concessionaire shall provide a five-star level of Concession services to all passengers and other Airport users that consistently demonstrate a high standard of quality, quantity, service, and reasonableness of price that is consistent with the pricing requirements as further described below in Section 5.2.2. and in the Quality Assurance Program. The determination of a five-star level of service shall be determined by the Director in his sole discretion. 5.3.2. All products sold by Concessionaire and its Subcontractors shall be equal in price to no more than 10% more than those products sold in comparable off-Airport locations (excluding special promotional items within the greater Houston metropolitan area of the City) (“Comparable Locations”). Comparable Locations will be determined by the Director, in consultation with Concessionaire, and may change throughout the Term as determined necessary by the Director. Comparable locations shall not include convenience stores or concessions located in stadiums, arenas, amusement and entertainment venues. Pricing shall be consistent with the City's objectives set forth in Recitals. Reading material and other merchandise with pre-printed prices, shall not exceed the pre-printed price.‌ 5.3.3. At least 60 days prior to the date of beneficial occupancy of each Facility, Concessionaire shall submit to the Director for his written approval, an initial proposed menu for each Facility together with proposed prices for each item based upon prices of similar items at the Comparable Locations. Descriptions of each proposed menu item must be specific. By way of example, if Concessionaire or its Subcontractors propose to sell hamburgers in a Facility, Concessionaire must describe, not by way of limitation, the method of preparation, the weight prior to cooking and the weight after cooking, the quality of the meat, e.g., ground round, ground xxxxx, and the percentage of fat per xxxxx; the bun size and type (whole wheat, white, sesame seed, etc.); and condiments offered. Within 30 days of receipt of initial proposed products list and corresponding prices for each Facility, the Director, in his sole discretion, shall either approve or disapprove all or some of the proposed products and/or corresponding prices by notifying the Concessionaire in writing. However, absent reasonable cause, the Director will not disapprove of products that meet the specifications of the franchisors of Nationally Branded foods and beverages. Should the Director disapprove some or all of the proposed products and/or corresponding prices, Concessionaire and Director shall make a good faith effort to reach agreement regarding sale of those disapproved products and/or corresponding prices in the Facilities. Failing agreement, the disapproved product (due to price or otherwise) shall not be sold by Concessionaire or its Subcontractors at the Airport. Agreed to initial products and corresponding prices shall be incorporated into this Agreement by this reference at the time of written approval by the Director and shall not be adjusted except as set forth below in Section 5.2.4. 5.3.4. From time to time throughout the Term, but not more often than every six months, or as the Director and Concessionaire may otherwise agree upon from time to time, Concessionaire may petition the Director (by providing economic justification) to adjust products and/or prices incorporated herein. After reviewing products and/or prices of Comparable Locations, the economic justification provided by Concessionaire, and any other information Concessionaire desires to disclose, the Director shall, in his sole discretion, determine which adjustments are acceptable to the City consistent with the standard established in this Agreement. The Director shall notify Concessionaire in writing as to his decision regarding each proposed adjustment. Concessionaire shall have 10 days from receipt of any such notice to agree in writing to all or a portion of the Director’s determinations regarding products and/or pricing. Those adjustments agreed to by Concessionaire in writing shall automatically become a part of this Agreement by this reference.‌ 5.3.5. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $1,000.00 per occurrence (measured on a daily basis) for any violation of Section 5.2., inclusive of all sections therein. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $1,000.00 per occurrence is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.

Pricing and Products. 5.3.1. Concessionaire shall provide a five-star level of Concession services to all passengers and other Airport users that consistently demonstrate a high standard of quality, quantity, service, and reasonableness of price that is consistent with the pricing requirements as further described below in Section 5.2.2. and in the Quality Assurance Program. The determination of a five-star level of service shall be determined by the Director in his sole discretion. 5.3.2. All products sold by Concessionaire and its Subcontractors shall be equal in price to no more than 10% more than those products sold in comparable off-Airport locations (excluding special promotional items within the greater Houston metropolitan area of the City) (“Comparable Locations”). Comparable Locations will be determined by the Director, in consultation with Concessionaire, and may change throughout the Term as determined necessary by the Director. Comparable locations shall not include convenience stores or concessions located in stadiums, arenas, amusement and entertainment venues. Pricing shall be consistent with the City's objectives set forth in Recitals. Reading material and other merchandise with pre-printed prices, shall not exceed the pre-printed price.‌ 5.3.3price. At least 60 days prior to the date of beneficial occupancy of each Facility, Concessionaire shall submit to the Director for his written approval, an initial proposed menu for each Facility together with proposed prices for each item based upon prices of similar items at the Comparable Locations. Descriptions of each proposed menu item must be specific. By way of example, if Concessionaire or its Subcontractors propose to sell hamburgers in a Facility, Concessionaire must describe, not by way of limitation, the method of preparation, the weight prior to cooking and the weight after cooking, the quality of the meat, e.g., ground round, ground xxxxx, and the percentage of fat per xxxxx; the bun size and type (whole wheat, white, sesame seed, etc.); and condiments offered. Within 30 days of receipt of initial proposed products list and corresponding prices for each Facility, the Director, in his sole discretion, shall either approve or disapprove all or some of the proposed products and/or corresponding prices by notifying the Concessionaire in writing. However, absent reasonable cause, the Director will not disapprove of products that meet the specifications of the franchisors of Nationally Branded foods and beveragesretail items. Should the Director disapprove some or all of the proposed products and/or corresponding prices, Concessionaire and Director shall make a good faith effort to reach agreement regarding sale of those disapproved products and/or corresponding prices in the Facilities. Failing agreement, the disapproved product (due to price or otherwise) shall not be sold by Concessionaire or its Subcontractors at the Airport. Agreed to initial products and corresponding prices shall be incorporated into this Agreement by this reference at the time of written approval by the Director and shall not be adjusted except as set forth below in Section 5.2.4. 5.3.4. From time to time throughout the Term, but not more often than every six months, or as the Director and Concessionaire may otherwise agree upon from time to time, Concessionaire may petition the Director (by providing economic justification) to adjust products and/or prices incorporated herein. After reviewing products and/or prices of Comparable Locations, the economic justification provided by Concessionaire, and any other information Concessionaire desires to disclose, the Director shall, in his sole discretion, determine which adjustments are acceptable to the City consistent with the standard established in this Agreement. The Director shall notify Concessionaire in writing as to his decision regarding each proposed adjustment. Concessionaire shall have 10 days from receipt of any such notice to agree in writing to all or a portion of the Director’s determinations regarding products and/or pricing. Those adjustments agreed to by Concessionaire in writing shall automatically become a part of this Agreement by this reference.‌ 5.3.5reference. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $1,000.00 per occurrence (measured on a daily basis) for any violation of Section 5.2., inclusive of all sections therein. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $1,000.00 per occurrence is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.

Pricing and Products. 5.3.1. 5.3.1 Concessionaire shall provide a five-star level of Concession services to all passengers and other Airport users that consistently demonstrate a high standard of quality, quantity, service, and reasonableness of price that is consistent with the pricing requirements as further described below in Section 5.2.2. and in the Quality Assurance Program. The determination of a five-star level of service shall be determined by the Director in his sole discretion. 5.3.2. 5.3.2 All products sold by Concessionaire and its Subcontractors shall be equal in price to no more than 1015% more than those products sold in comparable off-Airport locations (excluding special promotional items within the greater Houston metropolitan area of the City) (“Comparable Locations”). Comparable Locations will be determined by the Director, in consultation with Concessionaire, and may change throughout the Term as determined necessary by the Director. Comparable locations shall not include convenience stores or concessions located in stadiums, arenas, amusement and entertainment venues. Pricing shall be consistent with the City's objectives set forth in Recitals. Reading material and other merchandise with pre-printed prices, shall not exceed the pre-printed price.‌price. 5.3.3. 5.3.3 At least 60 days prior to the date of beneficial occupancy of each Facility, Concessionaire shall submit to the Director for his written approval, an initial proposed menu for each Facility together with proposed prices for each item based upon prices of similar items at the Comparable Locations. Descriptions of each proposed menu item must be specific. By way of example, if Concessionaire or its Subcontractors propose to sell hamburgers in a Facility, Concessionaire must describe, not by way of limitation, the method of preparation, the weight prior to cooking and the weight after cooking, the quality of the meat, e.g., ground round, ground xxxxx, and the percentage of fat per xxxxx; the bun size and type (whole wheat, white, sesame seed, etc.); and condiments offered. Within 30 days of receipt of initial proposed products list and corresponding prices for each Facility, the Director, in his sole discretion, shall either approve or disapprove all or some of the proposed products and/or corresponding prices by notifying the Concessionaire in writing. However, absent reasonable cause, the Director will not disapprove of products that meet the specifications of the franchisors of Nationally Branded foods and beverages. Should the Director disapprove some or all of the proposed products and/or corresponding prices, Concessionaire and Director shall make a good faith effort to reach agreement regarding sale of those disapproved products and/or corresponding prices in the Facilities. Failing agreement, the disapproved product (due to price or otherwise) shall not be sold by Concessionaire or its Subcontractors at the Airport. Agreed to initial products and corresponding prices shall be incorporated into this Agreement by this reference at the time of written approval by the Director and shall not be adjusted except as set forth below in Section 5.2.45.3.4. 5.3.4. 5.3.4 From time to time throughout the Term, but not more often than every six months, or as the Director and Concessionaire may otherwise agree upon from time to time, Concessionaire may petition the Director (by providing economic justification) to adjust products and/or prices incorporated herein. After reviewing products and/or prices of Comparable Locations, the economic justification provided by Concessionaire, and any other information Concessionaire desires to disclose, the Director shall, in his sole discretion, determine which adjustments are acceptable to the City consistent with the standard established in this Agreement. The Director shall notify Concessionaire in writing as to his decision regarding each proposed adjustment. Concessionaire shall have 10 days from receipt of any such notice to agree in writing to all or a portion of the Director’s determinations regarding products and/or pricing. Those adjustments agreed to by Concessionaire in writing shall automatically become a part of this Agreement by this reference.‌reference. 5.3.5. 5.3.5 In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $1,000.00 per occurrence (measured on a daily basis) for any violation of Section 5.2., inclusive of all sections therein. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $1,000.00 per occurrence is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.

Pricing and Products. 5.3.1. 5.3.1 Concessionaire shall provide a five-star level of Concession services to all passengers and other Airport users that consistently demonstrate a high standard of quality, quantity, service, and reasonableness of price that is consistent with the pricing requirements as further described below in Section 5.2.25.3.2. and in the Quality Assurance Program. The determination of a five-star level of service shall be determined by the Director in his sole discretion. 5.3.2. 5.3.2 All products sold by Concessionaire and its Subcontractors shall be equal in price to no more than 1015% more than those products sold in comparable off-Airport locations (excluding special promotional items within the greater Houston metropolitan area of the City) (“Comparable Locations”). Comparable Locations will be determined by the Director, in consultation with Concessionaire, and may change throughout the Term as determined necessary by the Director. Comparable locations shall not include convenience stores or concessions located in stadiums, arenas, amusement and entertainment venues. Pricing shall be consistent with the City's objectives set forth in Recitals. Reading material and other merchandise with pre-printed prices, shall not exceed the pre-printed price.‌price. 5.3.3. 5.3.3 At least 60 days prior to the date of beneficial occupancy of each Facility, Concessionaire shall submit to the Director for his written approval, an initial proposed menu for each Facility together with proposed prices for each item based upon prices of similar items at the Comparable Locations. Descriptions of each proposed menu item must be specific. By way of example, if Concessionaire or its Subcontractors propose to sell hamburgers in a Facility, Concessionaire must describe, not by way of limitation, the method of preparation, the weight prior to cooking and the weight after cooking, the quality of the meat, e.g., ground round, ground xxxxx, and the percentage of fat per xxxxx; the bun size and type (whole wheat, white, sesame seed, etc.); and condiments offered. Within 30 days of receipt of initial proposed products list and corresponding prices for each Facility, the Director, in his sole discretion, shall either approve or disapprove all or some of the proposed products and/or corresponding prices by notifying the Concessionaire in writing. However, absent reasonable cause, the Director will not disapprove of products that meet the specifications of the franchisors of Nationally Branded foods and beverages. Should the Director disapprove some or all of the proposed products and/or corresponding prices, Concessionaire and Director shall make a good faith effort to reach agreement regarding sale of those disapproved products and/or corresponding prices in the Facilities. Failing agreement, the disapproved product (due to price or otherwise) shall not be sold by Concessionaire or its Subcontractors at the Airport. Agreed to initial products and corresponding prices shall be incorporated into this Agreement by this reference at the time of written approval by the Director and shall not be adjusted except as set forth below in Section 5.2.4.foods 5.3.4. 5.3.4 From time to time throughout the Term, but not more often than every six months, or as the Director and Concessionaire may otherwise agree upon from time to time, Concessionaire may petition the Director (by providing economic justification) to adjust products and/or prices incorporated herein. After reviewing products and/or prices of Comparable Locations, the economic justification provided by Concessionaire, and any other information Concessionaire desires to disclose, the Director shall, in his sole discretion, determine which adjustments are acceptable to the City consistent with the standard established in this Agreement. The Director shall notify Concessionaire in writing as to his decision regarding each proposed adjustment. Concessionaire shall have 10 days from receipt of any such notice to agree in writing to all or a portion of the Director’s determinations regarding products and/or pricing. Those adjustments agreed to by Concessionaire in writing shall automatically become a part of this Agreement by this reference.‌ 5.3.5. 5.3.5 In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $1,000.00 per occurrence (measured on a daily basis) for any violation of Section 5.25.3., inclusive of all sections therein. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $1,000.00 per occurrence is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.

Pricing and Products. 5.3.1. Concessionaire shall provide a five-star level of Concession services to all passengers and other Airport users that consistently demonstrate a high standard of quality, quantity, service, and reasonableness of price that is consistent with the pricing requirements as further described below in Section 5.2.2. and in the Quality Assurance Program. The determination of a five-star level of service shall be determined by the Director in his sole discretion. 5.3.2. All products sold by Concessionaire and its Subcontractors shall be equal in price to no more than 10% more than those products sold in comparable off-Airport locations (excluding special promotional items within the greater Houston metropolitan area of the City) (“Comparable Locations”). Comparable Locations will be determined by the Director, in consultation with Concessionaire, and may change throughout the Term as determined necessary by the Director. Comparable locations shall not include convenience stores or concessions located in stadiums, arenas, amusement and entertainment venues. Pricing shall be consistent with the City's objectives set forth in Recitals. Reading material and other merchandise with pre-printed prices, shall not exceed the pre-printed price.‌ 5.3.3price. At least 60 days prior to the date of beneficial occupancy of each Facility, Concessionaire shall submit to the Director for his written approval, an initial proposed menu for each Facility together with proposed prices for each item based upon prices of similar items at the Comparable Locations. Descriptions of each proposed menu item must be specific. By way of example, if Concessionaire or its Subcontractors propose to sell hamburgers in a Facility, Concessionaire must describe, not by way of limitation, the method of preparation, the weight prior to cooking and the weight after cooking, the quality of the meat, e.g., ground round, ground xxxxx, and the percentage of fat per xxxxx; the bun size and type (whole wheat, white, sesame seed, etc.); and condiments offered. Within 30 days of receipt of initial proposed products list and corresponding prices for each Facility, the Director, in his sole discretion, shall either approve or disapprove all or some of the proposed products and/or corresponding prices by notifying the Concessionaire in writing. However, absent reasonable cause, the Director will not disapprove of products that meet the specifications of the franchisors of Nationally Branded foods and beverages. Should the Director disapprove some or all of the proposed products and/or corresponding prices, Concessionaire and Director shall make a good faith effort to reach agreement regarding sale of those disapproved products and/or corresponding prices in the Facilities. Failing agreement, the disapproved product (due to price or otherwise) shall not be sold by Concessionaire or its Subcontractors at the Airport. Agreed to initial products and corresponding prices shall be incorporated into this Agreement by this reference at the time of written approval by the Director and shall not be adjusted except as set forth below in Section 5.2.4. 5.3.4. From time to time throughout the Term, but not more often than every six months, or as the Director and Concessionaire may otherwise agree upon from time to time, Concessionaire may petition the Director (by providing economic justification) to adjust products and/or prices incorporated herein. After reviewing products and/or prices of Comparable Locations, the economic justification provided by Concessionaire, and any other information Concessionaire desires to disclose, the Director shall, in his sole discretion, determine which adjustments are acceptable to the City consistent with the standard established in this Agreement. The Director shall notify Concessionaire in writing as to his decision regarding each proposed adjustment. Concessionaire shall have 10 days from receipt of any such notice to agree in writing to all or a portion of the Director’s determinations regarding products and/or pricing. Those adjustments agreed to by Concessionaire in writing shall automatically become a part of this Agreement by this reference.‌ 5.3.5reference. In addition to the termination rights in Section 14.1., Director shall have the right to assess liquidated damages in an amount of $1,000.00 per occurrence (measured on a daily basis) for any violation of Section 5.2., inclusive of all sections therein. Concessionaire and City stipulate that any such assessment shall not be construed as a penalty; rather, Concessionaire and City stipulate that the damages resulting from any such violation will be difficult to measure and ascertain and that $1,000.00 per occurrence is a reasonable estimation of the damages suffered by the City. Any assessment of liquidated damages by the Director shall be paid to City by Concessionaire within 10 days of receipt of an invoice for such damages.