Common use of SCOPE OF CONCESSION Clause in Contracts

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 Vessel. Concessionaire shall be solely responsible for obtaining all necessary State licenses, inspections, and approvals before selling prepackaged food and non-alcoholic beverages. The sale of prepackaged food and non-alcoholic beverages without all applicable valid and current State licenses, inspections, and approvals for the sale of prepackaged food and non-alcoholic beverages 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. Permissible types of prepackaged food and non-alcoholic beverages include, but are not limited to, a combination of items in each of the following categories: 1) Prepackaged Food: wrapped or bagged sandwiches, candy, nuts, pretzels, etc.,

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′75) by twenty-three feet (23′23). The maximum allowable vessel size shall be seventy-five feet (75′75) in length overall, including the pulpit and swim platform, by twenty-two and a half feet (22.5′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 Vessel. Concessionaire shall be solely responsible for obtaining all necessary State licenses, inspections, and approvals before selling prepackaged food and non-alcoholic beverages. The sale of prepackaged food and non-alcoholic beverages without all applicable valid and current State licenses, inspections, and approvals for the sale of prepackaged food and non-alcoholic beverages 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. Permissible types of prepackaged food and non-alcoholic beverages include, but are not limited to, a combination of items in each of the following categories: 1) Prepackaged Food: wrapped or bagged sandwiches, candy, nuts, pretzels, etc.,

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 Department-designated parking area, specifically designated in Exhibit A. The dimensions of assigned berth #176 are seventy-five 70 feet (75′) by twenty-three feet (23′)23 feet. The maximum allowable vessel size shall be seventy-five 69 feet (75′) in length overall, including the pulpit and swim platform, overall by twenty-two and a half 22.5 feet (22.5′) beam. The Vessel shall be licensed for a minimum maximum of eighty (80) 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 GuardGuard for charter fishing, prior to docking the Vessel at the Concession Premises. Concessionaire’s Vessel shall be manned, equipped, 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 vessel for approval, in writing, by Department prior to operation. Failure on the part of Concessionaire to obtain written pre-approval of the pricing to charter the Vessel 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 VesselVessel while out of port. Concessionaire shall be solely responsible for obtaining all necessary State licenses, inspections, inspections and approvals before selling prepackaged food and non-alcoholic beverages. The sale Failure on the part of prepackaged food Concessionaire to obtain and non-alcoholic beverages without all applicable valid and current maintain the State licenses, inspections, and approvals for the sale of prepackaged food and non-alcoholic beverages 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. Permissible types of prepackaged food and non-alcoholic beverages include, but are not limited to, a combination of items in each of the following categories: 1) Prepackaged Food: wrapped or bagged sandwiches, candy, nuts, pretzels, etc.,

SCOPE OF CONCESSION. A. Concessionaire shall be granted the exclusive right to operate shall, under a Head Boat/Cruise Boat Vessel Concession Agreement (“VesselAgreement”), be the renter of stand up paddleboards (“paddleboards”) at Monksville Reservoir (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 No overnight storage is provided on or about the Concession Premises and all paddleboards, supplies, goods, and equipment shall be grantedremoved from the Area on a daily basis. For the Initial Term and any subsequent Renewal Term(s) of the Agreement, Concessionaire shall, at its sole cost and expense, be permitted to install one (1) steel shipping container (“shipping container”) for Concession storage, within a pre-determined portion of the Area, 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 shipping container shall be uniform in color and the maximum allowable vessel size shall be seventy-five twenty feet (75′20) in length overalllength, including the pulpit and swim platform, by twenty-two and a half eight feet (22.5′8) 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, equippedwidth, and operated at all times eight feet six inches (86) in accordance with the United States Coast Guard Certificate of Inspectionheight. Concessionaire shall submit to Department, for approval, a copy of all United States Coast Guard approvals written description, including but not limited to, the size and certificates to Department prior to commencement of use color of the approved Vesselproposed shipping container. Concessionaire shall be required not purchase and/or install the proposed shipping container without Department-written pre-approval. The installation of any shipping container without Department written pre-approval and/or the installation of any shipping container that does not conform to maintain valid United States Coast Guard approvals at all times during any Term of requirements set forth in this Agreement. Failure on the part of Concessionaire to obtain written Vessel approval and maintain United States Coast Guard approvals Paragraph shall be a material breach of this the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 10 and 911. For the Initial Term of the Agreement, the Department-approved shipping container shall be installed on the Concession Premises as soon as practicable after the Effective Date of the Agreements Initial Term and shall be removed within the seven (7) day “take-down” period after October 31st. For any subsequent Renewal Term(s) of the Agreement, the Department- approved shipping container shall be installed on the Concession Premises within the seven (7) day “set-up” period prior to April 1st and removed within the seven (7) day “take-down” period after October 31st, as set forth in Subparagraph 7(B). Concessionaire shall submit restore the Concession Premises to Departmentits condition prior to installation. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Long Pond Ironworks State Park (“Area”), including public use of Monksville Reservoir 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 paddleboards and recreational equipment, or from bringing paddleboards and recreational equipment rented from other paddleboard operations outside the Area, into the Area, including onto Monksville Reservoir and the Concession Premises. D. Concessionaire shall be responsible for approvalestablishing a telephone, a written list web based reservation system and website. The system shall be capable of prices making electronic reservations to charter the Vesselschedule paddleboard rentals. Concessionaire shall not commence any operations until provide Department approves with read only access to the proposed prices reservation system for purposes of monitoring Concessionaire activity at the Area. Concessionaire shall include the website information in writingall published Concession materials and advertisements and prominently display same at the Concession Premises. E. Concessionaire must maintain a physical staff presence at the Concession Premises while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir. Concessionaire must maintain a minimum of one (1) concession employee that is American Red Cross certified in the proper administration of Cardiopulmonary Resuscitation (“CPR”), First Aid, and Lifeguarding, at the Concession Premises, while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir. Failure on the part of Concessionaire to obtain written pre-approval maintain a staff presence and a minimum of one (1) concession employee that is certified in the pricing to charter proper administration of CPR, First Aid, and Lifeguarding, at the Vessel Concession Premises, while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir shall be constitute a material breach of this the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 10 and 911. D. F. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All paddleboard rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire shall to ensure compliance with the wearing of PFDs. All PFDs must be authorized in serviceable condition with the proper Coast Guard rating and tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that rented paddleboards are not overloaded. The proper number of customers on a paddleboard must be based on paddleboard type, volume, and the manufacturer’s recommended weight capacity. Concessionaire is solely responsible for routinely inspecting all paddleboards to sell prepackaged food ensure that they are safe and nonfree of defects. All paddleboards determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Paddleboard repair is not permitted in the Area; any and all repairs must occur off-alcoholic beverages site. Concessionaire is solely responsible for the safety of all paddleboards and customers. G. All rented paddleboards may only be operated on the VesselMonksville Reservoir. Concessionaire shall instruct all customers that rented paddleboards may only be solely responsible operated on Monksville Reservoir. Specifically, Concessionaire shall not permit customers to operate paddleboards on any adjacent waterbodies including, but not limited to, the Wanaque Reservoir. H. Concessionaire’s Operation shall be strictly limited to the rental of paddleboards. Concessionaire may request Department-written approval to rent related equipment. If approved in writing by Department, Concessionaire may rent related equipment at the Area and shall comply with all of the terms and conditions of the Agreement. Concessionaire shall submit to Department, for obtaining approval, a written list of items and prices for all necessary State licenses, inspections, related equipment. Concessionaire shall not rent any related equipment until Department approves the proposed items and approvals before selling prepackaged food prices in writing. Failure on the part of Concessionaire to obtain written pre-approval of the types and non-alcoholic beverages. The sale pricing of prepackaged food and non-alcoholic beverages without all applicable valid and current State licenses, inspections, and approvals for the sale of prepackaged food and non-alcoholic beverages related equipment shall be a material breach of this the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 10 and 9. Permissible types 11. I. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or permitting the sale or consumption of prepackaged food and non-any alcoholic beverages includethereon. J. Concessionaire’s status shall be that of a licensee. Concessionaire, but are not limited towhose term on the Concession Premises shall be seasonal in nature, a combination will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of items in each natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the following categories: Concession Operation and impacts to the Concession Premises. Specifically, for the Initial Term and any subsequent Renewal Term(s) Concessionaire shall be prohibited from operating the Concession at the Concession Premises during one (1) Prepackaged Food: wrapped or bagged sandwichesweekend in the month of September, candydates tentative. Concessionaire may request Department-written approval from the Area Superintendent to operate the Concession at the North Boat Launch, nutsspecifically designated in Exhibit B. If approved in writing by the Area Superintendent, pretzelsConcessionaire shall be authorized to operate the Concession within a pre-determined portion of the Area at the North Boat Launch, etcduring the Department-designated weekend, and shall operate in accordance with the terms and conditions in the Agreement.,

SCOPE OF CONCESSION. A. Concessionaire shall shall, under this Concession Agreement (“Agreement”), be granted the exclusive right to operate a Head Boat/Cruise Boat Vessel renter of stand up paddleboards (“Vesselpaddleboards”) at Atsion 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 No overnight storage is provided on or about the Concession Premises and all paddleboards, supplies, goods, and equipment shall be grantedremoved from the Area on a daily basis. For the Initial Term and any subsequent Renewal Term(s) of this Agreement, Concessionaire shall, at its sole cost and expense, be permitted to install one (1) steel shipping container (“shipping container”) for Concession storage, within a pre-determined portion of the Area, 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 shipping container shall be uniform in color and the maximum allowable vessel size shall be seventy-five twenty feet (75′20′) in length overalllength, including the pulpit and swim platform, by twenty-two and a half eight feet (22.5′8′) 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, equippedwidth, and operated at all times eight feet six inches (8′6′′) in accordance with the United States Coast Guard Certificate of Inspectionheight. Concessionaire shall submit to Department, for approval, a copy of all United States Coast Guard approvals written description, including but not limited to, the size and certificates to Department prior to commencement of use color of the approved Vesselproposed shipping container. Concessionaire shall be required not purchase and/or install the proposed shipping container without Department-written pre-approval. The installation of any shipping container without Department written pre-approval and/or the installation of any shipping container that does not conform to maintain valid United States Coast Guard approvals at all times during any Term of requirements set forth in this Agreement. Failure on the part of Concessionaire to obtain written Vessel approval and maintain United States Coast Guard approvals Paragraph 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 9 and 910. For the Initial Term and any subsequent Renewal Term(s) of this Agreement, the Department-approved shipping container shall be installed on the Shipping Container Installation Area set forth in Exhibit A within the seven (7) day “set-up” period prior to the Saturday before Memorial Day and removed within the seven (7) day “take-down” period after Labor Day, as set forth in Subparagraph 6(A). Concessionaire shall restore the Shipping Container Installation Area to its condition prior to installation. C. Concessionaire’s operation and this Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Atsion Recreation Area (“Area”), including public use of Atsion 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 paddleboards and recreational equipment, or from bringing paddleboards and recreational equipment rented from other paddleboard operations outside the Area, into the Area, including onto Atsion Lake and the Concession Premises. D. Concessionaire shall be responsible for establishing a telephone, web based reservation system and website. The system shall be capable of making electronic reservations to schedule paddleboard rentals. Concessionaire shall provide Department with read only access to the reservation system for purposes of monitoring Concessionaire activity at the Area. Concessionaire shall include the website information in all published Concession materials and advertisements and prominently display same at the Concession Premises. E. Concessionaire must maintain a physical staff presence at the Concession Premises while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir. It is the responsibility of Concessionaire to ensure that all Concession customers operating paddleboards stay within the limits of operation designated by Department in Exhibit A. Concessionaire must maintain a minimum of one (1) concession employee that is American Red Cross certified in the proper administration of Cardiopulmonary Resuscitation (“CPR”), First Aid, and Lifeguarding, at the Concession Premises, while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir. Failure on the part of Concessionaire to maintain a staff presence and a minimum of one (1) concession employee that is certified in the proper administration of CPR, First Aid, and Lifeguarding, at the Concession Premises, while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir shall constitute 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 9 and 10. F. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All paddleboard 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, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire is responsible for ensuring that rented paddleboards are not overloaded. The proper number of customers on a paddleboard must be based on paddleboard type, volume, and the manufacturer’s recommended weight capacity. Concessionaire is solely responsible for routinely inspecting all paddleboards to ensure that they are safe and free of defects. All paddleboards determined to be unsafe or damaged must be removed from the Area and may not be used by Concessionaire or Concessionaire’s customers until properly repaired. Paddleboard repair is not permitted in the Area; any and all repairs must occur off-site. Concessionaire is solely responsible for the safety of all paddleboards and customers. G. All rented paddleboards may only be operated on Atsion Lake and within the limits of operation, as designated by Department in Exhibit A. Concessionaire shall instruct all customers that rented paddleboards may only be operated on Atsion Lake and within the limits of operation, as designated by Department in Exhibit A. Concessionaire is prohibited from expanding the limits of operation set forth in Exhibit A without Department-written pre-approval. Any request to expand the limits of operation shall be submitted to Department, in writing, along with written justification for the request. Failure on the part of Concessionaire to obtain Department-written pre-approval to expand the limits of operation set forth in Exhibit A shall constitute 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 9 and 10. Concessionaire shall not permit customers to operate paddleboards on any adjacent waterbodies including, but not limited to, the Mullica River and Goshen Pond. H. Concessionaire’s Operation shall be strictly limited to the rental of paddleboards. Concessionaire may request Department-written approval to rent related equipment. If approved in writing by Department, Concessionaire may rent related equipment at the Area and shall comply with all of the terms and conditions of this Agreement. Concessionaire shall submit to Department, for approval, a written list of items and prices to charter the Vesselfor all related equipment. Concessionaire shall not commence rent any operations related equipment until Department approves the proposed items and prices in writing. Failure on the part of Concessionaire to obtain written pre-approval of the types and pricing to charter the Vessel of related equipment 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 9 and 910. D. I. Concessionaire shall be authorized to sell prepackaged food use the Concession Premises solely for the purposes set forth above and non-is strictly prohibited from selling or permitting the sale or consumption of any alcoholic beverages thereon. J. Concessionaire’s status shall be that of a licensee. Concessionaire, whose term on the VesselConcession Premises shall be seasonal in nature, will not, in any way whatsoever, be granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises. K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be solely responsible entitled to compensation for obtaining all necessary State licenses, inspections, and approvals before selling prepackaged food and non-alcoholic beveragesactivities approved under a Special Use Permit. The sale rental of prepackaged food paddleboards and non-alcoholic beverages without all applicable valid and current State licenses, inspections, and approvals for the sale of prepackaged food and non-alcoholic beverages related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be a material breach of this Agreement, subject to Suspension of Operations and/or Termination considered in accordance conflict with the terms and conditions set forth in Paragraphs 8 and 9. Permissible types of prepackaged food and non-alcoholic beverages include, but are not limited to, a combination of items in each of the following categories: 1) Prepackaged Food: wrapped or bagged sandwiches, candy, nuts, pretzels, etcConcessionaire’s exclusive rights.,

SCOPE OF CONCESSION. A. Concessionaire shall shall, under a Concession Agreement (“Agreement”), be granted the exclusive right to operate a Head Boat/Cruise Boat Vessel renter of stand up paddleboards (“Vesselpaddleboards”) at Atsion 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 No overnight storage is provided on or about the Concession Premises and all paddleboards, supplies, goods, and equipment shall be grantedremoved from the Area on a daily basis. For the Initial Term and any subsequent Renewal Term(s) of the Agreement, Concessionaire shall, at its sole cost and expense, be permitted to install one (1) steel shipping container (“shipping container”) for Concession storage, within a pre-determined portion of the Area, 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 shipping container shall be uniform in color and the maximum allowable vessel size shall be seventy-five twenty feet (75′20′) in length overalllength, including the pulpit and swim platform, by twenty-two and a half eight feet (22.5′8′) 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, equippedwidth, and operated at all times eight feet six inches (8′6′′) in accordance with the United States Coast Guard Certificate of Inspectionheight. Concessionaire shall submit to Department, for approval, a copy of all United States Coast Guard approvals written description, including but not limited to, the size and certificates to Department prior to commencement of use color of the approved Vesselproposed shipping container. Concessionaire shall be required not purchase and/or install the proposed shipping container without Department-written pre-approval. The installation of any shipping container without Department written pre-approval and/or the installation of any shipping container that does not conform to maintain valid United States Coast Guard approvals at all times during any Term of requirements set forth in this Agreement. Failure on the part of Concessionaire to obtain written Vessel approval and maintain United States Coast Guard approvals Paragraph shall be a material breach of this the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 10 and 911. For the Initial Term and any subsequent Renewal Term(s) of the Agreement, the Department- approved shipping container shall be installed on the Shipping Container Installation Area set forth in Exhibit A within the seven (7) day “set-up” period prior to the Saturday before Memorial Day and removed within the seven (7) day “take-down” period after Labor Day, as set forth in Subparagraph 7(A). Concessionaire shall submit restore the Shipping Container Installation Area to Departmentits condition prior to installation. C. Concessionaire’s operation and the Agreement shall not be construed so as to affect the privileges accorded to the public’s use of Atsion Recreation Area (“Area”), including public use of Atsion 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 paddleboards and recreational equipment, or from bringing paddleboards and recreational equipment rented from other paddleboard operations outside the Area, into the Area, including onto Atsion Lake and the Concession Premises. D. Concessionaire shall be responsible for approvalestablishing a telephone, a written list web based reservation system and website. The system shall be capable of prices making electronic reservations to charter the Vesselschedule paddleboard rentals. Concessionaire shall not commence any operations until provide Department approves with read only access to the proposed prices reservation system for purposes of monitoring Concessionaire activity at the Area. Concessionaire shall include the website information in writingall published Concession materials and advertisements and prominently display same at the Concession Premises. E. Concessionaire must maintain a physical staff presence at the Concession Premises while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir. It is the responsibility of Concessionaire to ensure that all Concession customers operating paddleboards stay within the limits of operation designated by Department in Exhibit A. Concessionaire must maintain a minimum of one (1) concession employee that is American Red Cross certified in the proper administration of Cardiopulmonary Resuscitation (“CPR”), First Aid, and Lifeguarding, at the Concession Premises, while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir. Failure on the part of Concessionaire to obtain written pre-approval maintain a staff presence and a minimum of one (1) concession employee that is certified in the pricing to charter proper administration of CPR, First Aid, and Lifeguarding, at the Vessel Concession Premises, while the Concession is open for business and while paddleboards are in use on the Lake/Reservoir shall be constitute a material breach of this the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 10 and 911. D. F. All Concession customers must receive a properly rated and sized Personal Flotation Device (PFD). All paddleboard rental customers twelve (12) and under must wear a PFD. It is the responsibility of Concessionaire shall to ensure compliance with the wearing of PFDs. All PFDs must be authorized to sell prepackaged food in serviceable condition with the proper Coast Guard rating and non-alcoholic beverages on tags, and may not exhibit deterioration that could diminish performance. Any damaged PFDs or PFDs without proper valid tags must be removed from the VesselArea and may not be used by Concessionaire or Concessionaire’s customers. Concessionaire shall is responsible for ensuring that rented paddleboards are not overloaded. The proper number of customers on a paddleboard must be based on paddleboard type, volume, and the manufacturer’s recommended weight capacity. Concessionaire is solely responsible for obtaining routinely inspecting all necessary State licenses, inspections, paddleboards to ensure that they are safe and approvals before selling prepackaged food free of defects. All paddleboards determined to be unsafe or damaged must be removed from the Area and nonmay not be used by Concessionaire or Concessionaire’s customers until properly repaired. Paddleboard repair is not permitted in the Area; any and all repairs must occur off-alcoholic beveragessite. The sale of prepackaged food and non-alcoholic beverages without all applicable valid and current State licenses, inspections, and approvals Concessionaire is solely responsible for the sale safety of prepackaged food all paddleboards and noncustomers. G. All rented paddleboards may only be operated on Atsion Lake and within the limits of operation, as designated by Department in Exhibit A. Concessionaire shall instruct all customers that rented paddleboards may only be operated on Atsion Lake and within the limits of operation, as designated by Department in Exhibit A. Concessionaire is prohibited from expanding the limits of operation set forth in Exhibit A without Department-alcoholic beverages written pre-approval. Any request to expand the limits of operation shall be submitted to Department, in writing, along with written justification for the request. Failure on the part of Concessionaire to obtain Department-written pre-approval to expand the limits of operation set forth in Exhibit A shall constitute a material breach of this the Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 8 10 and 911. Permissible types of prepackaged food and non-alcoholic beverages includeConcessionaire shall not permit customers to operate paddleboards on any adjacent waterbodies including, but are not limited to, the Mullica River and Goshen Pond. H. Concessionaire’s Operation shall be strictly limited to the rental of paddleboards. Concessionaire may request Department-written approval to rent related equipment. If approved in writing by Department, Concessionaire may rent related equipment at the Area and shall comply with all of the terms and conditions of the Agreement. Concessionaire shall submit to Department, for approval, a combination written list of items and prices for all related equipment. Concessionaire shall not rent any related equipment until Department approves the proposed items and prices in each writing. Failure on the part of Concessionaire to obtain written pre-approval of the following categories: 1) Prepackaged Food: wrapped types and pricing of related equipment 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. I. Concessionaire shall use the Concession Premises solely for the purposes set forth above and is strictly prohibited from selling or bagged sandwichespermitting the sale or consumption of any alcoholic beverages thereon. J. Concessionaire’s status shall be that of a licensee. Concessionaire, candywhose term on the Concession Premises shall be seasonal in nature, nutswill not, pretzelsin any way whatsoever, etcbe granted or conveyed any permanent easement, lease, fee, or other interest in the Concession Premises., K. Department reserves the right to issue Special Use Permits for public education programs for the promotion of natural, recreational and historic resources. Department shall coordinate with Concessionaire to minimize interruption of the Concession Operation and impacts to the Concession Premises. Concessionaire shall not be entitled to compensation for activities approved under a Special Use Permit. The rental of paddleboards and related equipment occurring in conjunction with activities approved under a Special Use Permit shall not be considered in conflict with Concessionaire’s exclusive rights.