Common use of Six Month Trial Period Clause in Contracts

Six Month Trial Period. The Concessionaire agrees that its operation within the Park is a privilege, not a right. The Department has high standards for operations in state parks, and to ensure these standards are met the Term of the Agreement includes a six-month trial period (“Trial Period”). The Trial Period starts the day this Agreement is executed by all parties and ends on the last day of the sixth full calendar month after the starting date. If this Agreement starts on a day other than the first day of a calendar month, the first month of the Trial Period will include the partial month. (For example, if this Agreement starts on January 20, month one of the Trial Period will include January 20 - 31 and the full month of February. The Trial Period will expire July 31.) If the Department determines during the Trial Period that the Concessionaire’s operations are not suitable, the Department may unilaterally terminate this Agreement by delivering written notice to the Concessionaire. The Department may exercise its right of termination at any time during the Trial Period and within thirty (30) days following the expiration of the Trial Period. If the Department exercises its right of termination under this Paragraph, this Agreement will terminate on the date specified in the Department’s notice. The Concessionaire agrees to hold the Department harmless from claims of any kind, administrative actions, damages, attorney’s fees, or causes of action arising from termination during the Trial Period. The Department will not require the Concessionaire to expand services or make capital improvements during the Trial Period, unless both parties agree, in writing, to additional services or capital improvements. Any capital improvements the Concessionaire makes during the Trial Period will become the property of the Department. The Concessionaire will receive no compensation for the cost or value of Trial Period capital improvements or any unamortized capital improvement costs if the Department terminates the Concessionaire during the Trial Period.

Six Month Trial Period. The Concessionaire agrees that its operation within the Park is a privilege, not a right. The Department has high standards for operations in state parks, and to ensure these standards are met the Term of the Agreement includes a six-month trial period (“Trial Period”). The Trial Period starts the day this Agreement is executed by all parties and ends on the last day of the sixth full calendar month after the starting date. If this Agreement starts on a day other than the first day of a calendar month, the first month of the Trial Period will include the partial month. (For example, if this Agreement starts on January 20, month one of the Trial Period will include January 20 - 31 and the full month of February. The Trial Period will expire July 31.) If the Department determines during the Trial Period that the Concessionaire’s operations are not suitable, the Department may unilaterally terminate this Agreement by delivering written notice to the Concessionaire. The Department may exercise its right of termination at any time during the Trial Period and within thirty (30) days following the expiration of the Trial Period. If the Department exercises its right of termination under this Paragraph, this Agreement will terminate on the date specified in the Department’s notice. The Concessionaire agrees to hold the Department harmless from claims of any kind, administrative actions, damages, attorney’s fees, or causes of action arising from termination during the Trial Period. The Department will not require the Concessionaire to expand services or make capital improvements during the Trial Period, unless both parties agree, in writing, to additional services or capital improvements. Any capital improvements the Concessionaire makes during the Trial Period will become the property of the Department. The Concessionaire will receive no compensation for the cost or value of Trial Period capital improvements or any unamortized capital improvement costs if the Department terminates the Concessionaire during the Trial Period. 1. Agreement to provide Services in compliance with all laws and regulations. The Concessionaire will provide Services that comply with Chapter 258, Part I, Florida Statutes; Rule 62D-2, Florida Administrative Code; Category 5 of the Division’s Operations Manual regarding concession operations (“Division’s Operations Manual”); the Park’s Unit Management Plan; and the Concession Agreement Call for Business Plan Packet No. SUP-BP # XX-XX (“Business Plan Packet”). The Concessionaire will comply with: (a) all applicable federal, state, and local laws, rules, regulations, and ordinances, including those listed above; (b) the Division’s Operations Manual in effect on the date of this Agreement and any subsequent amendment; and (c) all other terms and conditions contained in this Agreement. It is the Concessionaire’s responsibility to be apprised of amendments to any applicable statutes and rules. The current version of the Division’s Operations Manual may be obtained from the Park Manager.

Six Month Trial Period. The Concessionaire acknowledges and agrees that its operation within the Park is a privilege, not a right. The , and the Department has high standards for all such operations in state parks. So long as the Concessionaire is in compliance with the Terms, and this Agreement grants the Concessionaire the privilege to ensure these standards are met operate within the Term of Park during the Agreement Term, which includes a six-six month trial period (“Trial Period”). The Trial Period starts commencing on the day date this Agreement is executed by all parties and ends ending on the last day of the sixth full calendar month after thereafter (“Six Month Trial Period”). In the starting date. If event this Agreement starts commences on a day date other than the first day of a calendar month, the first month of the Six Month Trial Period will shall include the partial monthmonth in which this Agreement commences. (For example, if this Agreement starts commences on January 20, then month one of the Six Month Trial Period will include includes January 20 - 31 and through the full month of February. The February and the Six Month Trial Period will expire expires July 31.) If Notwithstanding anything in this Agreement to the contrary, if, at any time during the Six Month Trial Period, the Department determines during the Trial Period determines, in its sole discretion, that the Concessionaire’s operations are not suitablesuitable for any reason, the Department may unilaterally terminate this Agreement by delivering written notice to the Concessionaire. The Department may exercise its the right of termination under this Paragraph J. at any time during the Six Month Trial Period and within ending thirty (30) days following the expiration of the such Six Month Trial Period. If the Department exercises its right of termination under this Paragraph, then in such event and without further notice or opportunity to cure, this Agreement will shall terminate on the date specified set forth in the Department’s notice. The Concessionaire agrees to save and hold the Department harmless from the assertion of claims of any kind, administrative actionsaction, damages, attorney’s fees, or causes of action whatsoever arising from termination during the Trial Periodsuch termination. The Department will not require nor expect the Concessionaire to expand services or make capital improvements any Capital Improvements during the Six Month Trial Period, unless such services or Capital Improvements are agreed to by both parties agree, in writing. However, to additional services or capital improvements. Any capital improvements the Concessionaire makes during is expressly notified that if the Trial Period will Department delivers notice of termination to the Concessionaire under this Paragraph J., then any and all such Capital Improvements shall become the property of the Department. The Department and the Concessionaire will shall receive no compensation or payment of any kind for the cost or value of Trial Period capital improvements said Capital Improvements, or any unamortized capital improvement costs if thereof. The Concessionaire should consider these provisions when undertaking Capital Improvements of any kind prior to the expiration of the period in which the Department terminates may deliver notice of termination under this Paragraph, as in connection with such termination, no compensation is due or payable to the Concessionaire during the Trial Periodfor any unamortized Capital Improvement costs.

Six Month Trial Period. The Concessionaire agrees that its operation within the Park is a privilege, not a right. The Department has high standards for operations in state parks, and to ensure these standards are met the Term of the Agreement includes a six-month trial period (“Trial Period”). The Trial Period starts the day this Agreement is executed by all parties and ends on the last day of the sixth full calendar month after the starting date. If this Agreement starts on a day other than the first day of a calendar month, the first month of the Trial Period will include the partial month. (For example, if this Agreement starts on January 20, month one of the Trial Period will include January 20 - 31 and the full month of February. The Trial Period will expire July 31.) 31.)‌ If the Department determines during the Trial Period that the Concessionaire’s operations are not suitable, the Department may unilaterally terminate this Agreement by delivering written notice to the Concessionaire. The Department may exercise its right of termination at any time during the Trial Period and within thirty (30) days following the expiration of the Trial Period. If the Department exercises its right of termination under this Paragraph, this Agreement will terminate on the date specified in the Department’s notice. The Concessionaire agrees to hold the Department harmless from claims of any kind, administrative actions, damages, attorney’s fees, or causes of action arising from termination during the Trial Period. The Department will not require the Concessionaire to expand services or make capital improvements during the Trial Period, unless both parties agree, in writing, to additional services or capital improvements. Any capital improvements the Concessionaire makes during the Trial Period will become the property of the Department. The Concessionaire will receive no compensation for the cost or value of Trial Period capital improvements or any unamortized capital improvement costs if the Department terminates the Concessionaire during the Trial Period.