Common use of Staff Clause in Contracts

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 31 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 30 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term Period of Operation of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 9 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term Period of this Operation of the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 8 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term the Period of this Operation of the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term the Period of Operation of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, Operation pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 98; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 109. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Marina Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 8 and 109.

Appears in 4 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. Concessionaire must provide a minimum of one (1) concession employee that is Red Cross 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. Concessionaire shall not commence any operations and/or shall immediately suspend the Concession Operation and remove all concession patrons and paddleboards from the Lake/Reservoir if a minimum of one (1) concession employee certified in CPR, First Aid, and Lifeguarding, is not physically present at the Concession Premises. Prior to commencement of the Period of Operation for the Initial Term and any subsequent Renewal Term(s), Concessionaire shall submit to Department, documentation demonstrating that a minimum of one (1) concession employee is Red Cross certified in the proper administration of CPR, First Aid, and Lifeguarding and will be present 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 submit the required documentation and maintain the required staff presence 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. C. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. Concessionaire must provide a minimum of one (1) concession employee that is Red Cross 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. Concessionaire shall not commence any operations and/or shall immediately suspend the Concession Operation and remove all concession patrons and paddleboards from the Lake/Reservoir if a minimum of one (1) concession employee certified in CPR, First Aid, and Lifeguarding, is not physically present at the Concession Premises. Prior to commencement of the Period of Operation for the Initial Term and any subsequent Renewal Term(s), Concessionaire shall submit to Department, documentation demonstrating that a minimum of one (1) concession employee is Red Cross certified in the proper administration of CPR, First Aid, and Lifeguarding and will be present 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 submit the required documentation and maintain the required staff presence 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 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. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreementeach Term. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Marina Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Marina Superintendent, prior to the start of any Term of this the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Staff. A. Concessionaire Licensee shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession License Operation within the terms and conditions of this the Agreement. If Department determines that Concessionaire Licensee has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the ConcessionLicense Operation, Concessionaire Licensee shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire Licensee immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, License Operation pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 911; or (2) obtain revoke the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 1012. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire Licensee shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to ConcessionaireLicensee, or any party claiming through ConcessionaireLicensee, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees of the License Operation must wear uniform apparel and name tags to identify and distinguish them as Concession employeesemployees of the License Operation. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term each year of this the Agreement. Failure on the part of Concessionaire Licensee to comply with the uniform requirement shall be a material breach of this the Agreement subject to Suspension of Operations and/or Termination Revocation in accordance with the terms and conditions set forth in Paragraphs 9 11 and 1012. C. Licensee must have radio and/or cell phone communication available for all employees during the License Operation. Licensee and its employees shall carry emergency numbers including, but not limited to, 1-877-WARN DEP (0-000-000-0000), Area Superintendent, Area Park Office, State Park Police, and Local Emergency Rescue, Police, and Fire.

Appears in 2 contracts

Samples: Environmental Education Boat Tour License, Environmental Education Boat Tour License

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreementeach Term. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Staff. A. Concessionaire Licensee shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession License Operation within the terms and conditions of this Agreement. If Department determines that Concessionaire Licensee has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the ConcessionLicense, Concessionaire Licensee shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire Licensee immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession License Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; or (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire Licensee shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to ConcessionaireLicensee, or any party claiming through ConcessionaireLicensee, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees of the License Operation must wear uniform apparel and name tags to identify and distinguish them as Concession employeesemployees of the License Operation. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire Licensee to comply with the uniform requirement shall be a material breach of this Agreement subject to Suspension of Operations and/or Termination Revocation in accordance with the terms and conditions set forth in Paragraphs 9 and 10. C. Licensee must have radio and/or cell phone communication available for all employees during the License Operation. Licensee and its employees shall carry emergency numbers including, but not limited to, 1-877-WARN DEP (0-000-000-0000), Area Superintendent, Area Park Office, State Park Police and Local Emergency Rescue, Police and Fire.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 97; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 108. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags or badges to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 7 and 108.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 97; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 108. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags or badges to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 7 and 108.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. Concessionaire must provide a minimum of two (2) adult staff members, at least eighteen (18) years of age, at all times while the Concession is open for business. A minimum of one (1) adult staff member must have the capability to perform a skiing industry-standard sweep of all Trails to determine if there are overdue rentals and/or cars remaining in the parking lot at closing time. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 1 contract

Samples: Concession Agreement

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Staff. A. Concessionaire shall shall, at all times during each Term of this Agreement, engage a sufficient number of reliable, competent, and qualified paid and/or volunteer staff to ensure the safety of legal age to operate customers of the Concession within Operation and protection of the terms and conditions of this AgreementConcession Premises. If Department determines that Concessionaire has not provided engaged a sufficient number of reliable, competent, competent and qualified paid and/or volunteer staff of legal age for to ensure customer safety and to protect the operation of the ConcessionConcession Premises, Concessionaire shall, immediately upon after receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If Notwithstanding the deficiencies described in said notice are above, Concessionaire, not corrected by Concessionaire immediately upon receipt the Department, is solely responsible for the staffing of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction and under no circumstances shall Department be liable for any injuries or damage arising from the staffing of the deficiencies, in accordance with Concession Operation and/or the terms and conditions set forth in Paragraph 9; (2) obtain failure of Department to notify Concessionaire that the service staffing of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staffis inadequate. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age for operation and management of each Department-Designated Delivery and Department-Designated Pick Up Site and the Access Points. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. Concessionaire must maintain a minimum total of three (3) concession employees that are American Red Cross certified in the proper administration of CPR, First Aid, and Lifeguarding, at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the emergency patrol vessel(s) during the Core Business Hours set forth in Subparagraph 6(B) and while river tubes are in use on the River. Concessionaire shall not commence any operations and/or shall immediately suspend the Concession Operation if a minimum of three (3) concession employees certified in CPR, First Aid, and Lifeguarding, are not physically present at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the emergency patrol vessel(s) during the Concession Operation until such time that the condition is corrected. Prior to commencement of the Period of Operation for the Initial Term and any subsequent Renewal Term(s), Concessionaire shall submit to Department, documentation demonstrating that a minimum of three (3) concession employees are Red Cross certified in the proper administration of CPR, First Aid, and Lifeguarding and will be present at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the emergency patrol vessel(s) during the Core Business Hours set forth in Subparagraph 6(B) and while river tubes are in use on the River. Failure on the part of Concessionaire to submit the required documentation and maintain the required staff presence at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the River during the Core Business Hours set forth in Subparagraph 6(B) and while river tubes are in use on the River 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. C. Concessionaire must submit documentation to the Department demonstrating that that a minimum of two (2) concession employees are United States Coast Guard Qualified Pilots or possess a certificate in watercraft safety. Each person operating the vessel shall be United States Coast Guard Qualified Pilot or possess a certificate in watercraft safety. D. All Concession employees must wear uniform apparel shirts and name tags to identify and distinguish them as Concession employees. The type of uniform apparel shirts and identification shall be pre-approved by the Area Park Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10. E. Concessionaire must have radio and/or cell phone communication available for all operators of its vehicles and Vessels. Each operator shall carry emergency numbers including, but not limited to, 1-877-WARN DEP (0-000-000-0000), Park Superintendent, Park Office, State Park Police and Local Emergency Rescue, Police and Fire. In addition, Concessionaire and/or all operators of its vehicles and busses shall obtain the name and telephone number of each customer of the Concession Operation.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph Paragraphs 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph Paragraphs 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate for operation and management of each concession location covered by the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation and management of the ConcessionConcession Premises, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend Concessionaire's operation of the Concession OperationPremises, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession said concession facility for Concessionaire for the remainder of the then current Period of Operationoperating season; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10Agreement. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation operating season and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any abatement of revenue payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreementeach term. Failure on the part of the Concessionaire to comply with the uniform requirement shall be a material breach of this Agreement subject to Suspension of Operations and/or Termination in accordance with on the terms and conditions set forth in Paragraphs 9 and 10Agreement.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Marina Superintendent, prior to the start of any Term Period of this Operation of the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 98; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 109. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreementeach Term. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 8 and 109.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this the Agreement. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age for operation and management of each Department-Designated Delivery and Department-Designated Pick Up Site and the Access Points. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 910; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this the Agreement in accordance with the terms and conditions set forth in Paragraph 1011. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. Concessionaire must maintain a minimum total of three (3) concession employees that are American Red Cross certified in the proper administration of CPR, First Aid, and Lifeguarding, at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the emergency patrol vessel(s) during the Core Business Hours set forth in Subparagraph 7(B) and while river tubes are in use on the River. Concessionaire shall not commence any operations and/or shall immediately suspend the Concession Operation if a minimum of three (3) concession employees certified in CPR, First Aid, and Lifeguarding, are not physically present at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the emergency patrol vessel(s) during the Concession Operation until such time that the condition is corrected. Prior to commencement of the Period of Operation for the Initial Term and any subsequent Renewal Term(s), Concessionaire shall submit to Department, documentation demonstrating that a minimum of three (3) concession employees are Red Cross certified in the proper administration of CPR, First Aid, and Lifeguarding and will be present at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the emergency patrol vessel(s) during the Core Business Hours set forth in Subparagraph 7(B) and while river tubes are in use on the River. Failure on the part of Concessionaire to submit the required documentation and maintain the required staff presence at the Department-Designated Delivery and Department-Designated Pick Up Sites, Access Points and/or on the River during the Core Business Hours set forth in Subparagraph 7(B) and while river tubes are in use on the River shall constitute 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 must submit documentation to the Department demonstrating that that a minimum of two (2) concession employees are United States Coast Guard Qualified Pilots or possess a certificate in watercraft safety. Each person operating the vessel shall be United States Coast Guard Qualified Pilot or possess a certificate in watercraft safety. D. All Concession employees must wear uniform apparel shirts and name tags to identify and distinguish them as Concession employees. The type of uniform apparel shirts and identification shall be pre-approved by the Area Park Superintendent, prior to the start of any Term of this the Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 10 and 1011. E. Concessionaire must have radio and/or cell phone communication available for all operators of its vehicles and Vessels. Each operator shall carry emergency numbers including, but not limited to, 1-877-WARN DEP (0-000-000-0000), Park Superintendent, Park Office, State Park Police and Local Emergency Rescue, Police and Fire. In addition, Concessionaire and/or all operators of its vehicles and busses shall obtain the name and telephone number of each customer of the Concession Operation.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire Licensee shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession License within the terms and conditions of this Agreement. All employees of the License Operation must possess a valid rock climbing instructor certification, and valid First Aid and CPR Certifications. In addition, at least one instructor for each guided climb shall possess a valid Wilderness First Aid certification. If Department determines that Concessionaire Licensee has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the ConcessionLicense, Concessionaire Licensee shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire Licensee immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession License Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 98; or (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate revoke this Agreement in accordance with the terms and conditions set forth in Paragraph 109. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire Licensee shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to ConcessionaireLicensee, or any party claiming through ConcessionaireLicensee, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees of the License Operation must wear uniform apparel and name tags to identify and distinguish them as Concession employeesemployees of the License Operation. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire Licensee to comply with the uniform requirement shall be a material breach of this Agreement subject to Suspension of Operations and/or Termination Revocation in accordance with the terms and conditions set forth in Paragraphs 9 8 and 109. C. Licensee must have radio and/or cell phone communication available for all operators of its vehicles. Each operator shall carry emergency numbers including, but not limited to, 1-877- WARN DEP (0-000-000-0000), Area Superintendent, Area Park Office, State Park Police and Local Emergency Rescue, Police and Fire.

Appears in 1 contract

Samples: License Agreement

Staff. A. Concessionaire 12.1 The Licensee shall engage keep the Designated Space fully and properly staffed during the Designated Hours, and/or during any additional later hours, which it is permitted to open. 12.2 The Licensee must ensure that it retains at all times personnel sufficient in number and ability to service its business from the Designated Space adequately. 12.3 The Licensee must ensure that the staff appointed to work with food are capable of managing a sufficient number of reliablekitchen and in particular organising purchases, competentportion control, cleanliness, and qualified the compliance with statutory and regulatory requirements, and that all staff have at least Level 2 Food Hygiene Certificate. 12.4 The Licensee shall at all times be responsible for the cost of legal age all of its employees, including wages, national insurance contributions, sick and holiday pay. 12.5 The Licensee shall ensure that all its employees conduct themselves in such manner as not to discredit or adversely affect the reputation of the Site. 12.6 The Licensee shall ensure that all its employees are at all times when at the Site whether or not in the Designated Space and/or the Access Ways clean and tidily clothed. The Licensee must comply with all reasonable instructions that RVBC gives to the Licensee with regard to the cleanliness, clothing, appearance, or demeanour of the Licensee’s employees in order to maintain the uniform high standards associated with the Site. 12.7 The Licensee must immediately notify RVBC if the Licensee or any of the Licensee’s directors, shareholders, employees, or agents are arrested or questioned by the police in connection with an offence committed at the Site or otherwise connected with the Designated Space. 12.8 The Licensee undertakes to RVBC that the Licensee shall fully indemnify and keep indemnified RVBC against losses which RVBC may suffer and/or incur by reason of any claims made by or on behalf of any of the Licensee’s employees and arising from or in connection with their employment or its termination on or after the Commencement Date. 12.9 The Licensee shall ensure that all its employees connected with the Designated Space have had an enhanced Disclosure and Barring Service check completed before they commence work and that there is no reason why they should not work with or come into close contact with children. Evidence of this must be provided to the Council. 12.10 The Licensee shall that all staff who are responsible for the vehicle provided must have a valid licence and insurance necessary to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Departmentvehicle. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. Concessionaire must provide a minimum of two (2) adult staff members, at least eighteen (18) years of age, at all times while the Concession is open for business. A minimum of one (1) adult staff member must have the capability to perform a skiing industry-standard sweep of all Trails to determine if there are overdue rentals and/or cars remaining in the parking lot at closing time. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Superintendent, prior to the start of any Term of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 1 contract

Samples: Concession Agreement

Staff. A. Concessionaire shall engage a sufficient number of reliable, competent, and qualified staff of legal age to operate the Concession within the terms and conditions of this Agreement. If Department determines that Concessionaire has not provided a sufficient number of reliable, competent, and qualified staff of legal age for the operation of the Concession, Concessionaire shall, immediately upon receipt of email or written notification from Department, correct the staffing deficiencies described in said notice. If the deficiencies described in said notice are not corrected by Concessionaire immediately upon receipt of email or written notification, Department reserves the right to do the following: (1) suspend the Concession Operation, pending correction of the deficiencies, in accordance with the terms and conditions set forth in Paragraph 9; (2) obtain the service of reliable, competent, and qualified staff of legal age to operate the Concession for Concessionaire for the remainder of the then current Period of Operation; or (3) terminate this Agreement in accordance with the terms and conditions set forth in Paragraph 10. Concessionaire shall compensate any staff obtained by Department for the remainder of the then current Period of Operation and shall reimburse Department for all costs incurred by Department in obtaining appropriate staff. Concessionaire shall not be entitled to any payment abatement due to any suspension or other action taken by Department under this Paragraph, and Department shall not be liable to Concessionaire, or any party claiming through Concessionaire, for any claim, liability, or damages resulting from said action by Department. B. All Concession employees must wear uniform apparel and name tags to identify and distinguish them as Concession employees. The type of uniform apparel and identification shall be pre-approved by the Area Marina Superintendent, prior to the start of any Term Period of Operation of this Agreement. Failure on the part of Concessionaire to comply with the uniform requirement 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 9 and 10.

Appears in 1 contract

Samples: Concession Agreement

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