SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a Concession Agreement (“Agreement”), the right to dispense food, non-alcoholic beverages, and novelties (hereinafter referred to as the “Concession Operation”) at Shepherd Lake Recreation Area. Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”).
B. Concessionaire shall be authorized, as part of the Concession Operation, to sell food and non-alcoholic beverages. Concessionaire shall be solely responsible for obtaining all necessary State licenses, inspections and approvals before selling food and non-alcoholic beverages. Failure on the part of Concessionaire to obtain and maintain the State licenses, inspections, and approvals for the sale of food and non-alcoholic beverages shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall be authorized, as part of the Concession Operation, to prepare food. Concessionaire shall be solely responsible for obtaining all necessary State licenses, inspections and approvals before preparing food. Failure on the part of Concessionaire to obtain and maintain the State Licenses, inspections, and approvals for the preparation of food shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. Concessionaire shall comply with all rules and regulations promulgated by the New Jersey State Department of Health and any other agency of government with oversight over food preparation and service. Failure on the part of Concessionaire to comply with all such rules and regulations shall be a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11.
C. Concessionaire shall submit to Department, for approval, a written list of items and prices for all food, non-alcoholic beverages, and novelty items. Concessionaire shall not commence any operations until Department approves the proposed prices in writing. Failure on the part of Concessionaire to obtain Department written pre-approval of the types and pricing of food, non-alcoholic beverages, and novelty items shall ...
SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a Concession Agreement (“Agreement”), the non- exclusive, revocable right to rent boats and related equipment on an hourly basis at Shepherd Lake, except for rentals associated with Special Use Permits as specified in Subparagraph 1(K) (hereinafter referred to as the “Concession Operation”). Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”).
B. Concessionaire shall, as part of the Concession Operation, rent boats and related equipment for the sole purposes of the Agreement. Boats shall include, but not be limited to, canoes, kayaks, and electric motorized boats with less than ten (10) horsepower motor. Gas motorized boats of any kind are not permitted for rental as part of the Concession Operation by Concessionaire.
C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Shepherd Lake Recreation Area (“Area”), including public use of Shepherd Lake and the Concession Premises. Concessionaire’s operation shall not be construed so as to restrain or prevent individual persons or groups of persons from bringing their own boats and recreational equipment, or from bringing boats and recreational equipment rented from other boat-livery operations outside the Area, into the Area, including onto Shepherd Lake and the Concession Premises.
D. Concessionaire must maintain a physical staff presence at the Concession Premises at all of the following times: while the Concession is open for business, and while boats and related equipment are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence at the Concession Premises while the Concession is open for business and while boats and related equipment are in use on the Lake/Reservoir constitutes a material breach of the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11.
E. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All boat rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire to ensure compliance with the wearing of PFDs. All PFDs must be in serviceable condition with the proper Coast Guard rating and tags, a...
SCOPE OF CONCESSION. A. Concessionaire shall be granted the exclusive right to operate a Head Boat/Cruise Boat Vessel (“Vessel”) (hereinafter referred to as the “Concession Operation”), limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”).
B. Concessionaire shall be granted, as part of the Concession Operation, exclusive use of assigned berth #176 and the adjacent parking area, specifically designated in Exhibit A. The dimensions of assigned berth #176 are seventy-five feet (75′) by twenty-three feet (23′). The maximum allowable vessel size shall be seventy-five feet (75′) in length overall, including the pulpit and swim platform, by twenty-two and a half feet (22.5′) beam. The Vessel shall be licensed for a minimum of eighty (80) passengers.
C. Concessionaire shall be authorized to charter the Vessel. The Vessel operated by Concessionaire for the purposes of this Concession Agreement (“Agreement”) must be approved in writing by Department and the United States Coast Guard, prior to docking the Vessel at the Concession Premises. Concessionaire’s Vessel shall be manned, equipped, and operated at all times in accordance with the United States Coast Guard Certificate of Inspection. Concessionaire shall submit a copy of all United States Coast Guard approvals and certificates to Department prior to commencement of use of the approved Vessel. Concessionaire shall be required to maintain valid United States Coast Guard approvals at all times during any Term of this Agreement. Failure on the part of Concessionaire to obtain written Vessel approval and maintain United States Coast Guard approvals shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 and 9. Concessionaire shall submit to Department, for approval, a written list of prices to charter the Vessel. Concessionaire shall not commence any operations until Department approves the proposed prices in writing. Failure on the part of Concessionaire to obtain written pre-approval of the pricing to charter the Vessel shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 and 9.
D. Concessionaire shall be authorized to sell prepackaged food and non-alcoholic beverages on the Vess...
SCOPE OF CONCESSION. Concessionaire shall provide food service to the general public without discrimination as to race, color, sex, creed, religion, ancestry, national origin, or disability and will not permit discrimination against any person or group of persons, in any manner prohibited by local, state or federal laws. Sales shall be limited to food items, souvenirs, curios and other related items. The prices charged by Concessionaire for services, good, food and drink shall be reasonable and shall not be in excess of prices prevailing elsewhere for the same kind and quality of service. At no time shall Concessionaire sell or give away any alcoholic beverages, or allow any alcoholic beverages to be consumed on the premises. Concessionaire shall not allow any person to make their residence on the premises, nor shall it permit persons to remain or loiter within the demised premises during the hours of operation. Concessionaire shall not use or permit the premises to be used for any other purpose, or for any unlawful immoral or indecent activity. Concessionaire shall confine it’s activities to the area rented by it under the terms of this Agreement.
SCOPE OF CONCESSION.
(a) Subject to and in accordance with the provisions of this Agreement, FBR hereby grants to the Concessionaire the concession, relying on the Concessionaire’s representations, warranties and covenants contained
i. Design, finance, insure, construct, maintain, operate, install, implement, commission, procure and provide the Project Assets along with its management, maintenance, operations and provision of services;
ii. Maintain the Project Assets including the repair, renewal, refurbishment and replacement thereof during the Concession Period as per requirements;
iii. Develop and construct the Project in accordance with the terms settled herein and to provide the required and necessary infrastructure, plant, tools, testing apparatus and machinery for the effective, qualitative and quantitative provision of Services;
iv. Structure, develop and implement the Project as per safety requirements; and
v. Transfer and deliver the project and ancillary facilities and other project assets as per Schedule X [Project Assets] and any other infrastructure develop or build on the project Site at the time of expiry or termination of the Concession Period in accordance with provision of this Agreement.
(b) The Concessionaire shall exercise and enjoy all rights, powers, benefits, privileges, authorizations and entitlements under the Concession and perform its obligations, including undertaking the Works and the Services set forth in this Agreement.
SCOPE OF CONCESSION.
(a) Subject to and in accordance with the provisions of this Agreement, FBR hereby grants to the Concessionaire the concession, relying on the Concessionaire’s representations, warranties and covenants contained herein, including the exclusive right, license and authority during the subsistence of this Agreement to design, finance, insure, construct,
i. Design, finance, insure, construct, maintain, operate, install, implement, commission, procure and provide the Project Assets along with its management, maintenance, operations and provision of services;
ii. Maintain the Project Assets including the repair, renewal, refurbishment and replacement thereof during the Concession Period as per requirements;
iii. Develop and construct the Project in accordance with the terms settled herein and to provide the required and necessary infrastructure, plant, tools, testing apparatus and machinery for the effective, qualitative and quantitative provision of Services;
iv. Structure, develop and implement the Project as per safety requirements; and
v. Transfer and deliver the project and ancillary facilities and other project assets as per Schedule X [Project Assets] and any other infrastructure develop or build on the project Site at the time of expiry or termination of the Concession Period in accordance with provision of this Agreement.
(b) The Concessionaire shall exercise and enjoy all rights, powers, benefits, privileges, authorizations and entitlements under the Concession and perform its obligations, including undertaking the Works and the Services set forth in this Agreement.
SCOPE OF CONCESSION. A. Concessionaire shall be granted, under a Concession Agreement (“Agreement”), the exclusive right to operate a cross-country ski and snowshoe system (hereinafter referred to as the “Concession Operation”) consisting of natural snow trails at High Point State Park. Concessionaire’s operation shall be limited to the structure(s) or area(s) provided by Department for concession purposes and specifically designated in Exhibit A (hereinafter referred to as the “Concession Premises”), and the natural snow trails specified in Subparagraph 1(B).
B. Concessionaire shall, as part of the Concession Operation, maintain natural snow trails (hereinafter referred to as the “Trails”), specifically designated in Exhibit B, including but not limited to, performing trail maintenance, trail patrolling, grooming and track-setting. Concessionaire shall use mechanical trail setting equipment, pre-approved by Department in writing, prior to the start of each Term, to set tracks on the Trails for the purposes of the Agreement (hereinafter referred to as the “Routine Mechanical Grooming”). Concessionaire shall perform Routine Mechanical Grooming and open the Trails when there is sufficient “natural snow” on the Trails for safe use by the public, as determined by the Area Superintendent. Trails shall be configured to accommodate both beginner and intermediate-level skiers and shall be laid out as several connecting loops to allow skiers to bypass certain areas, resulting in shorter or easier routes. Concessionaire shall, at its sole cost and expense, and with the Area Superintendent’s written pre-approval, mark all trails in accordance with their level of difficulty and shall install directional trail signs to regulate skier traffic.
C. Concessionaire shall be granted, as part of the Concession Operation, the exclusive right to charge a fee, pre-approved by Department in writing, for use of the Trails specifically designated in Exhibit B. Concessionaire shall be authorized to sell seasonal, daily and half day trail passes, which shall be sequentially numbered, recorded, and submitted to Department as part of the required Monthly Report submission, as described in Paragraph
SCOPE OF CONCESSION. 2.01. The Licensee shall conduct the Concession in accordance with the provisions of this Agreement, the RFP and to the satisfaction of the Board in an area and facilities located at the Center and designated by the Board (the “Site”). The Board may change the location of the Site at its discretion.
SCOPE OF CONCESSION. With the exception of any expansion or extension of the Industrial Concession Highway expressly required or permitted pursuant to Article 11 of this Agreement, the scope of this Agreement is limited to the obligations, duties and agreements set out in this Agreement.
SCOPE OF CONCESSION. 3.1.1 The Concessionaire has to procure full rake composition as notified by IR with 4% additional wagons as maintenance spare and a brake van per rake.
3.1.2 Subject to the terms and conditions contained in this Agreement, the Railway Administration hereby grants to the Concessionaire, throughout the duration of this agreement, a non- exclusive right to require the Railway Administration to haul the Concessionaire’s Trains carrying traffic of identified commodities under Category [insert] as provided in the SFTO Scheme (hereinafter, the “Concession”) and the Concessionaire hereby understands and accepts the Concession and further undertakes to perform services and functions in relation thereto in accordance with the terms and conditions of this Agreement.
3.1.3 For the avoidance of doubt, it is hereby expressly clarified that the Concessionaire shall not have the right to require Railway Administration to haul any of the Concessionaire’s Trains whatsoever pursuant to this Agreement, till such time as the Concessionaire establishes/ensures access to Private Terminals and maintains the same in accordance with the provisions of Article 4.1 and acquires prescribed/laid down minimum number of Wagons in units of rake with 4% wagons as maintenance spares including brake vans to form a Block Rake for the commencement of operations and for transportation of SFT in accordance with this Agreement. As per the policy, the Concessionaire has to procure a minimum of 3 xxxxx in any category he is registered as per provisions contained in para 4.1.2 of this agreement, failing which Railway Administration reserves the right to terminate the agreement.
