Standards of Operation. Section 6.01 Products and Pricing A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from the Premises as well as the prices to be charged to the public. The execution of this Lease constitutes acceptance by the Board of the merchandise, services, and pricing as reflected on the referenced exhibit. B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products. C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretion. D. Concessionaire shall comply with one or more of the pricing models listed below. The pricing model(s) applicable to this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless of the pricing model selected. 1. Airport Brands (concessions located exclusively at airports). Concessionaire shall price its products and services at or below the average price charged at other U.S. airports for the same product or service. To determine the average price charged for a product or service, Concessionaire shall use pricing from same- brand concessions at the three U.S. airports (other than DFW) most similar in passenger volume to DFW.
Appears in 2 contracts
Samples: Concession Lease Agreement, Concession Lease Agreement
Standards of Operation. Section 6.01 Products and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from the Premises as well as the prices to be charged to the public. The execution of this Lease constitutes acceptance by the Board of the merchandise, services, services and pricing as reflected on the referenced exhibit.
B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth Worth, or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretion.
D. Concessionaire further understands the Board's objective to limit the prices charged for products and services sold to the public at the Airport to no more than ten (10) percent above "street level pricing" (the off- Airport prices charged for comparable products and services). Accordingly, Concessionaire warrants and represents that Concessionaire, its employees, successors and assigns, if any, will adhere to the following:
1. Prices charged at the Premises for each item of products and services shall be no more than ten percent (10%) higher than comparable products or services sold outside the Airport. The Concessions Department shall have the discretion to define what constitutes an individual item sold, including without limitation combinations or bundling of items.
2. In determining which products and services off-Airport are to be used for street-level pricing comparisons, the parties agree that if Concessionaire owns or operates a similar business selling like products or services to the public within twenty (20) miles of the Airport, then prices at said business (other than non-traditional venues) shall be deemed comparable. If Concessionaire owns or operates more than one (1) similar business selling like products or services to the public within twenty (20) miles of the Airport, then the average of a minimum of three (3) locations’ prices for each such product or service shall be deemed comparable. The Concessions Department shall have the discretion to determine whether Concessionaire's off-Airport businesses are similar and whether particular products or services are alike. If Concessionaire does not own or operate a similar business selling like products or services to the public within twenty (20) miles of the Airport, then the parties agree to use comparisons from other off-Airport businesses.
3. Upon receiving TCO (Temporary Certificate of Occupancy) and on April 1st of each year thereafter, Concessionaire shall provide an updated merchandise list with current prices and shall provide the Concessions Department names and addresses of local area businesses that Concessionaire believes to be comparable, together with the specific products and services that Concessionaire believes to be comparable. However, the Concessions Department shall have the discretion to reject said suggestions from Concessionaire and to select other businesses and other products and services. Prices from non- traditional venues, such as amusement parks, other entertainment venues, stadiums, other airports, hotels, hospitals, and zoos shall not be acceptable for use in establishing street-level pricing-regardless of whether the Concessionaire owns or operates such businesses.
4. The Concessions Department may at its discretion require Concessionaire to submit documentation verifying compliance with the street-level pricing requirements herein. The Board may require Concessionaire to submit their price comparison using an automated process method. If Concessionaire fails to submit said documentation of compliance within the time specified by Board, or if documentation submitted is erroneous, Concessionaire may be charged Non Compliance Fees per the Schedule of Charges.
5. The Concessions Department may at any time compel Concessionaire to lower prices within two (2) business days on specific items to bring them into compliance with street-level pricing, but nothing herein shall negate the general default and remedies provisions of this Lease.
6. The Concessions Department may grant any exemption(s) from street-level pricing but any such exception or determination must be in writing and signed by the Vice President of Concessions, and under no circumstances shall Concessionaire be entitled to any such exemption.
7. If Concessionaire is required by this Lease to participate in product exclusivity contracts made by Board, said exclusivity contracts may include minimum or maximum prices that shall be binding on Concessionaire notwithstanding any higher price allowed or lower price required by the street-level pricing provisions herein.
E. At any time during the Term hereof the Board may make or cause to be made a survey of prices being charged for products or services offered by Concessionaire from the Premises hereunder. If the survey concludes that any prices being charged by Concessionaire on the Premises are not in accordance with the terms of this Lease, Concessionaire may be charged Non Compliance Fees per the Schedule of Charges.
F. Failure to comply with one or more the provisions of this section shall constitute a material default. If Concessionaire, after receiving notice to reduce prices and/or application of any penalty is later found to have again violated the street level pricing policy within the Fiscal Year, the Board shall have the right to collect a Non- Compliance Fee per the Schedule of Charges and/or terminate this Lease for cause by giving thirty (30) days written notice. Failure of the pricing models listed below. The pricing model(s) applicable Board to exercise its right to terminate this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless not constitute a waiver of the pricing model selected.
1. Airport Brands (concessions located exclusively Board's right to terminate at airports). Concessionaire shall price its products and services at or below the average price charged at other U.S. airports a later date for the same product same, similar or service. To determine continued violation of the average price charged for a product or service, Concessionaire shall use street level pricing from same- brand concessions at the three U.S. airports (other than DFW) most similar in passenger volume to DFWpolicy.
Appears in 2 contracts
Samples: Concession Lease Agreement, Concession Lease Agreement
Standards of Operation. Section 6.01 Products and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from the Premises as well as the prices to be charged to the public. The execution of this Lease constitutes acceptance by the Board of the merchandise, services, and pricing as reflected on the referenced exhibit.. All locations serving food shall offer an employee menu consisting of entrée and beverage or minimum discount of 15%, all other locations, including retail and services, shall offer a minimum of 10% employee discount. During the Term of this Agreement the Airport reserves the right to implement additional initiatives and Concessionaire will use commercially reasonable efforts to accommodate these initiatives as set forth in the Concessionaire Handbook
B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretion.
D. Concessionaire shall comply with one or more of the pricing models listed below. The pricing model(s) applicable to this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless of the pricing model selected.
1. Airport Brands (concessions located exclusively at airports). Concessionaire shall price its products and services at or below the average price charged at other U.S. airports for the same product or service. To determine the average price charged for a product or service, Concessionaire shall use pricing from same- brand concessions at the three U.S. airports (other than DFW) most similar in passenger volume to DFW.
Appears in 1 contract
Samples: Concession Lease Agreement
Standards of Operation. Section 6.01 Products and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from at the Premises Airport as well as the prices to be charged to the public. The execution of this Lease Agreement constitutes acceptance by the Board of the merchandise, services, services and pricing as reflected on the referenced exhibit.
B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise merchandise, or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth Worth, or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretionDepartment.
D. Concessionaire shall comply with one or further understands the Board's objective to limit the prices charged for products and services sold to the public at the Airport to no more of than ten (10) percent above "street level pricing" (the pricing models listed belowoff-Airport prices charged for comparable products and services). The pricing model(s) applicable Accordingly, Concessionaire warrants and represents, its employees, successors and assigns, if any, will adhere to this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless of the pricing model selected.following:
1. Vending prices charged at the Airport Brands for each item shall be no more than ten percent (concessions located exclusively at airports)10%) higher than comparable products or services sold outside the Airport. Concessionaire The Concessions Department shall price its have the discretion to define what constitutes an individual item sold, including without limitation combinations or bundling of items.
2. In determining which products and services off-Airport are to be used for street-level pricing comparisons, the parties agree that pricing will be based on businesses selling like products or services to the public within twenty (20) miles of the Airport, then prices at or below the said business (other than non-traditional venues) shall be deemed comparable. The average price charged at other U.S. airports of a minimum of three (3) locations' prices for the same each such product or serviceservice shall be deemed comparable. To The Concessions Department shall have the discretion to determine the average price charged for a product whether identified off-Airport businesses are similar and whether particular products or serviceservices are alike.
3. April 1st of each year thereafter, Concessionaire shall provide an updated merchandise list with current prices and shall provide the Concessions Department names and addresses of local area businesses that Concessionaire believes to be comparable, together with the specific products and services that Concessionaire believes to be comparable. However, the Concessions Department shall have the discretion to reject said suggestions from Concessionaire and to select other businesses and other products and services. Prices from non-traditional venues, such as amusement parks, other entertainment venues, stadiums, other airports, hotels, hospitals, and zoos shall not be acceptable for use in establishing street-level pricing.
4. The Concessions Department may at its discretion require Concessionaire to submit documentation verifying compliance with the street-level pricing requirements herein. The Board may require Concessionaire to submit their price comparison using an automated process method. If Concessionaire fails to submit said documentation of compliance within the time specified by the Board, or if documentation submitted is erroneous, Concessionaire may be charged Non-Compliance Fees per the Schedule of Charges.
5. The Concessions Department may at any time compel Concessionaire to lower vending prices within two (2) business days on specific items to bring them into compliance with street-level pricing, but nothing herein shall negate the general default and remedies provisions of this Agreement.
6. The Concessions Department may grant any exemption(s) from same- brand concessions street-level pricing, but any such exception or determination must be in writing and signed by the Vice President of Concessions, and under no circumstances shall Concessionaire be entitled to any such exemption.
E. At any time during the Term hereof the Board may make or cause to be made a survey of prices being charged for products or services offered by Concessionaire hereunder. If the survey concludes that any prices being charged by Concessionaire are not in accordance with the terms of this Agreement, Concessionaire may be charged Non-Compliance Fees per the Schedule of Charges.
F. Failure to comply with the provisions of this section shall constitute a material default. If Concessionaire, after receiving notice to reduce prices and/or application of any penalty is later found to have again violated the street level pricing policy within the Fiscal Year, the Board shall have the right to collect a Non-Compliance Fee per the Schedule of Charges and/or terminate this Agreement for cause by giving thirty (30) days written notice. Failure of the Board to exercise its right to terminate this Agreement shall not constitute a waiver of the Board's right to terminate at a later date for the three U.S. airports (other than DFW) most same, similar in passenger volume to DFWor continued violation of the street level pricing policy.
Appears in 1 contract
Samples: Retail Vending Agreement
Standards of Operation. Section 6.01 Products and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from the Premises as well as the prices to be charged to the public. The execution of this Lease constitutes acceptance by the Board of the merchandise, services, services and pricing as reflected on the referenced exhibit.
B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth Worth, or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretion.
D. Concessionaire further understands the Board's objective to limit the prices charged for products and services sold to the public at the Airport to no more than ten (10) percent above "street level pricing" (the off- Airport prices charged for comparable products and services). Accordingly, Concessionaire warrants and represents that Concessionaire, its employees, successors and assigns, if any, will adhere to the following:
1. Prices charged at the Premises for each item of products and services shall be no more than ten percent (10%) higher than comparable products or services sold outside the Airport. The Concessions Department shall have the discretion to define what constitutes an individual item sold, including without limitation combinations or bundling of items.
2. In determining which products and services off-Airport are to be used for street-level pricing comparisons, the parties agree that if Concessionaire owns or operates a similar business selling like products or services to the public within twenty (20) miles of the Airport, then prices at said business (other than non-traditional venues) shall be deemed comparable. If Concessionaire owns or operates more than one (1) similar business selling like products or services to the public within twenty (20) miles of the Airport, then the average of a minimum of three (3) locations‘ prices for each such product or service shall be deemed comparable. The Concessions Department shall have the discretion to determine whether Concessionaire's off-Airport businesses are similar and whether particular products or services are alike. If Concessionaire does not own or operate a similar business selling like products or services to the public within twenty (20) miles of the Airport, then the parties agree to use comparisons from other off-Airport businesses.
3. Upon receiving TCO (Temporary Certificate of Occupancy) and on April 1st of each year thereafter, Concessionaire shall provide an updated merchandise list with current prices and shall provide the Concessions Department names and addresses of local area businesses that Concessionaire believes to be comparable, together with the specific products and services that Concessionaire believes to be comparable. However, the Concessions Department shall have the discretion to reject said suggestions from Concessionaire and to select other businesses and other products and services. Prices from non- traditional venues, such as amusement parks, other entertainment venues, stadiums, other airports, hotels, hospitals, and zoos shall not be acceptable for use in establishing street-level pricing-regardless of whether the Concessionaire owns or operates such businesses.
4. The Concessions Department may at its discretion require Concessionaire to submit documentation verifying compliance with the street-level pricing requirements herein. The Board may require Concessionaire to submit their price comparison using an automated process method. If Concessionaire fails to submit said documentation of compliance within the time specified by Board, or if documentation submitted is erroneous, Concessionaire may be charged Non Compliance Fees per the Schedule of Charges.
5. The Concessions Department may at any time compel Concessionaire to lower prices within two (2) business days on specific items to bring them into compliance with street-level pricing, but nothing herein shall negate the general default and remedies provisions of this Lease.
6. The Concessions Department may grant any exemption(s) from street-level pricing but any such exception or determination must be in writing and signed by the Vice President of Concessions, and under no circumstances shall Concessionaire be entitled to any such exemption.
7. If Concessionaire is required by this Lease to participate in product exclusivity contracts made by Board, said exclusivity contracts may include minimum or maximum prices that shall be binding on Concessionaire notwithstanding any higher price allowed or lower price required by the street-level pricing provisions herein.
E. At any time during the Term hereof the Board may make or cause to be made a survey of prices being charged for products or services offered by Concessionaire from the Premises hereunder. If the survey concludes that any prices being charged by Concessionaire on the Premises are not in accordance with the terms of this Lease, Concessionaire may be charged Non Compliance Fees per the Schedule of Charges.
F. Failure to comply with one or more the provisions of this section shall constitute a material default. If Concessionaire, after receiving notice to reduce prices and/or application of any penalty is later found to have again violated the street level pricing policy within the Fiscal Year, the Board shall have the right to collect a Non- Compliance Fee per the Schedule of Charges and/or terminate this Lease for cause by giving thirty (30) days written notice. Failure of the pricing models listed below. The pricing model(s) applicable Board to exercise its right to terminate this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless not constitute a waiver of the pricing model selected.
1. Airport Brands (concessions located exclusively Board's right to terminate at airports). Concessionaire shall price its products and services at or below the average price charged at other U.S. airports a later date for the same product same, similar or service. To determine continued violation of the average price charged for a product or service, Concessionaire shall use street level pricing from same- brand concessions at the three U.S. airports (other than DFW) most similar in passenger volume to DFWpolicy.
Appears in 1 contract
Samples: Concessions Lease
Standards of Operation. Section 6.01 Products and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from the Premises as well as the prices to be charged to the public. The execution of this Lease constitutes acceptance by the Board of the merchandise, services, services and pricing as reflected on the referenced exhibit.
B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth Worth, or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretion.
D. Concessionaire shall comply with one or further understands the Board's objective to limit the prices charged for products and services sold to the public at the Airport to no more of than ten (10) percent above "street level pricing" (the pricing models listed belowoff-Airport prices charged for comparable products and services). The pricing model(s) applicable Accordingly, Concessionaire warrants and represents that Concessionaire, its employees, successors and assigns, if any, will adhere to this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless of the pricing model selected.following:
1. Airport Brands (concessions located exclusively Prices charged at airports). Concessionaire shall price its the Premises for each item of products and services shall be no more than ten percent (10%) higher than comparable products or services sold outside the Airport. The Concessions Department shall have the discretion to define what constitutes an individual item sold, including without limitation combinations or bundling of items.
2. In determining which products and services off-Airport are to be used for street-level pricing comparisons, the parties agree that if Concessionaire owns or operates a similar business selling like products or services to the public within twenty (20) miles of the Airport, then prices at or below the average price charged at other U.S. airports for the same product or service. To determine the average price charged for a product or service, Concessionaire shall use pricing from same- brand concessions at the three U.S. airports said business (other than DFWnon-traditional venues) most shall be deemed comparable. If Concessionaire owns or operates more than one (1) similar in passenger volume business selling like products or services to DFW.the public within twenty (20) miles of the Airport, then the average of a minimum of three
Appears in 1 contract
Samples: Concessions Lease
Standards of Operation. Section 6.01 Products (A) Concessionaire shall operate in a first-class manner all of the businesses operated by Concessionaire pursuant to this Concession Agreement, and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from shall keep the Premises as well as the prices to be charged and all other areas in which Concessionaire operates hereunder in a safe, neat, clean, orderly, and inviting condition at all times, reasonably satisfactory to the public. The execution Executive Director.
(B) Concessionaire shall offer a wide variety of this Lease constitutes acceptance by food and beverages (both alcoholic and non-alcoholic) sufficient to meet the Board demand of the merchandisetraveling public and other persons using the Airport. Concessionaire will, servicesat the request of the Executive Director, and pricing as reflected on add items to its menus if the referenced exhibit.
B. Executive Director reasonably determines that such items are useful or desirable to the traveling public or others using the Airport. Concessionaire will, at the beginning of the Regular Term hereof, serve the following brand-name products: ____________________________. Concessionaire shall not addvoluntarily delete any food and beverages which it is serving under a brand name of one of its suppliers, delete or sell merchandise categoriesadd any food or beverages under brand name not previously approved by the Executive Director, menu items and/or services not reflected on without the aforesaid exhibit without first receiving written approval from consent of the Airport Concessions DepartmentExecutive Director, which shall not be unreasonably withheld unreasonably.
(C) Concessionaire shall at all times maintain a standard of quality and quantity with respect to the food and beverages sold by Concessionaire at the Airport at least as high as the standard for like food and beverages sold or delayedoffered for sale at restaurants serving comparable food and beverages within a twenty-mile radius of the Airport. It is agreed that in The quality and quantity of all food and beverages sold by Concessionaire shall be subject to the event approval of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriateExecutive Reasonable Director. Concessionaire shall provide maintain a sanitation rating of "Grade All for each of its food-serving facilities based on the sale sanitation ratings which are now given, from time to time, to restaurants under the laws of any additional merchandise or the furnishing State of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all productsNorth Carolina.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth or promoting tourist attractions in either city(D) Concessionaire's service shall be prompt and efficient, then and Concessionaire shall offer merchandise promoting both at all times have a sufficient number of employees on hand, and adequate facilities, to provide such cities service. Concessionaire's employees shall he clean and their respective tourist attractions, as instructed by the Airport Concessions Department courteous and neat in its reasonable discretion.
D. Concessionaire shall comply with one or more of the pricing models listed below. The pricing model(s) applicable to this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless of the pricing model selected.
1. Airport Brands (concessions located exclusively at airports)appearance. Concessionaire shall price not permit any of its products and services at or below the average price charged at other U.S. airports for the same product or service. To determine the average price charged for a product or service, Concessionaire shall use pricing from same- brand concessions employees at the three U.S. airports Airport to use foul or profane language, or act in a loud or boisterous or otherwise improper manner.
(other than DFWE) most similar Concessionaire will accept at least the following credit cards in passenger volume payment for its sales and service hereunder: VISA, MasterCard, and American Express.
(F) All food and beverages kept for sale by Concessionaire hereunder shall be subject to DFWinspection by the Executive Director.
Appears in 1 contract
Samples: Concession Agreement and Lease (Creative Host Services Inc)
Standards of Operation. Section 6.01 Products and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from the Premises as well as the prices to be charged to the public. The execution of this Lease constitutes acceptance by the Board of the merchandise, services, services and pricing as reflected on the referenced exhibit.
B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth Worth, or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretion.
D. Concessionaire further understands the Board's objective to limit the prices charged for products and services sold to the public at the Airport to no more than ten (10) percent above "street level pricing" (the off- Airport prices charged for comparable products and services). Accordingly, Concessionaire warrants and represents that Concessionaire, its employees, successors and assigns, if any, will adhere to the following:
1. Prices charged at the Premises for each item of products and services shall be no more than ten percent (10%) higher than comparable products or services sold outside the Airport. The Concessions Department shall have the discretion to define what constitutes an individual item sold, including without limitation combinations or bundling of items.
2. In determining which products and services off-Airport are to be used for street-level pricing comparisons, the parties agree that if Concessionaire owns or operates a similar business selling like products or services to the public within twenty (20) miles of the Airport, then prices at said business (other than non-traditional venues) shall be deemed comparable. If Concessionaire owns or operates more than one (1) similar business selling like products or services to the public within twenty (20) miles of the Airport, then the average of a minimum of three (3) locations’ prices for each such product or service shall be deemed comparable. The Concessions Department shall have the discretion to determine whether Concessionaire's off-Airport businesses are similar and whether particular products or services are alike. If Concessionaire does not own or operate a similar business selling like products or services to the public within twenty (20) miles of the Airport, then the parties agree to use comparisons from other off-Airport businesses.
3. Upon receiving TCO (Temporary Certificate of Occupancy) and on April 1st of each year thereafter, Concessionaire shall provide an updated merchandise list with current prices and shall provide the Concessions Department names and addresses of local area businesses that Concessionaire believes to be comparable, together with the specific products and services that Concessionaire believes to be comparable. However, the Concessions Department shall have the discretion to reject said suggestions from Concessionaire and to select other businesses and other products and services. Prices from non- traditional venues, such as amusement parks, other entertainment venues, stadiums, other airports, hotels, hospitals, and zoos shall not be acceptable for use in establishing street-level pricing-regardless of whether the Concessionaire owns or operates such businesses.
4. The Concessions Department may at its discretion require Concessionaire to submit documentation verifying compliance with the street-level pricing requirements herein. The Board may require Concessionaire to submit their price comparison using an automated process method. If Concessionaire fails to submit said documentation of compliance within the time specified by Board, or if documentation submitted is erroneous, Concessionaire may be charged Non-Compliance Fees per the Schedule of Charges.
5. The Concessions Department may at any time compel Concessionaire to lower prices within two (2) business days on specific items to bring them into compliance with street-level pricing, but nothing herein shall negate the general default and remedies provisions of this Lease.
6. The Concessions Department may grant any exemption(s) from street-level pricing, but any such exception or determination must be in writing and signed by the Vice President of Concessions, and under no circumstances shall Concessionaire be entitled to any such exemption.
7. If Concessionaire is required by this Lease to participate in product exclusivity contracts made by Board, said exclusivity contracts may include minimum or maximum prices that shall be binding on Concessionaire notwithstanding any higher price allowed or lower price required by the street-level pricing provisions herein.
E. At any time during the Term hereof the Board may make or cause to be made a survey of prices being charged for products or services offered by Concessionaire from the Premises hereunder. If the survey concludes that any prices being charged by Concessionaire on the Premises are not in accordance with the terms of this Lease, Concessionaire may be charged Non Compliance Fees per the Schedule of Charges.
F. Failure to comply with one or more the provisions of this section shall constitute a material default. If Concessionaire, after receiving notice to reduce prices and/or application of any penalty is later found to have again violated the street level pricing policy within the Fiscal Year, the Board shall have the right to collect a Non- Compliance Fee per the Schedule of Charges and/or terminate this Lease for cause by giving thirty (30) days written notice. Failure of the pricing models listed below. The pricing model(s) applicable Board to exercise its right to terminate this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless not constitute a waiver of the pricing model selected.
1. Airport Brands (concessions located exclusively Board's right to terminate at airports). Concessionaire shall price its products and services at or below the average price charged at other U.S. airports a later date for the same product same, similar or service. To determine continued violation of the average price charged for a product or service, Concessionaire shall use street level pricing from same- brand concessions at the three U.S. airports (other than DFW) most similar in passenger volume to DFWpolicy.
Appears in 1 contract
Samples: Concessions Lease
Standards of Operation. Section 6.01 Products and Pricing
A. Concessionaire has caused to be attached hereto as Exhibit "B" a complete listing of all goods, menu items and/or services Concessionaire is allowed to sell from the Premises as well as the prices to be charged to the public. The execution of this Lease constitutes acceptance by the Board of the merchandise, services, services and pricing as reflected on the referenced exhibit.
B. Concessionaire shall not add, delete or sell merchandise categories, menu items and/or services not reflected on the aforesaid exhibit without first receiving written approval from the Airport Concessions Department, which shall not be unreasonably withheld or delayed. It is agreed that in the event of any conflict between Concessionaire and another lessee as to specific items sold, the Board or its designee shall have the sole authority to resolve the conflict as it deems appropriate. Concessionaire shall provide for the sale of any additional merchandise or the furnishing of any additional service as directed by the Airport Concessions Department. Prices must be visibly displayed to customers for all products.
C. If Concessionaire offers merchandise promoting the City of Dallas or Fort Worth Worth, or promoting tourist attractions in either city, then Concessionaire shall offer merchandise promoting both such cities and their respective tourist attractions, as instructed by the Airport Concessions Department in its reasonable discretion.
D. Concessionaire shall comply with one or further understands the Board's objective to limit the prices charged for products and services sold to the public at the Airport to no more of than ten (10) percent above "street level pricing" (the pricing models listed belowoff-Airport prices charged for comparable products and services). The pricing model(s) applicable Accordingly, Concessionaire warrants and represents that Concessionaire, its employees, successors and assigns, if any, will adhere to this Lease shall be selected by the Board and communicated to Concessionaire. The DFW bottled beverage price ceiling shall always apply, regardless of the pricing model selected.following:
1. Airport Brands (concessions located exclusively Prices charged at airports). Concessionaire shall price its the Premises for each item of products and services shall be no more than ten percent (10%) higher than comparable products or services sold outside the Airport. The Concessions Department shall have the discretion to define what constitutes an individual item sold, including without limitation combinations or bundling of items.
2. In determining which products and services off-Airport are to be used for street-level pricing comparisons, the parties agree that if Concessionaire owns or operates a similar business selling like products or services to the public within twenty (20) miles of the Airport, then prices at said business (other than non-traditional venues) shall be deemed comparable. If Concessionaire owns or below operates more than one (1) similar business selling like products or services to the public within twenty (20) miles of the Airport, then the average price charged at other U.S. airports of a minimum of three (3) locations’ prices for the same each such product or serviceservice shall be deemed comparable. To The Concessions Department shall have the discretion to determine whether Concessionaire's off-Airport businesses are similar and whether particular products or services are alike. If Concessionaire does not own or operate a similar business selling like products or services to the average price charged for a product or servicepublic within twenty (20) miles of the Airport, then the parties agree to use comparisons from other off-Airport businesses.
3. Upon receiving TCO and on April 1st of each year thereafter, Concessionaire shall provide an updated merchandise list with current prices and shall provide the Concessions Department names and addresses of local area businesses that Concessionaire believes to be comparable, together with the specific products and services that Concessionaire believes to be comparable. However, the Concessions Department shall have the discretion to reject said suggestions from Concessionaire and to select other businesses and other products and services. Prices from non- traditional venues, such as amusement parks, other entertainment venues, stadiums, other airports, hotels, hospitals, and zoos shall not be acceptable for use in establishing street-level pricing-regardless of whether the Concessionaire owns or operates such businesses.
4. The Concessions Department may at its discretion require Concessionaire to submit documentation verifying compliance with the street-level pricing from same- brand concessions requirements herein. The Board may require Concessionaire to submit their price comparison using an automated process method. If Concessionaire fails to submit said documentation of compliance within the time specified by Board, or if documentation submitted is erroneous, Concessionaire may be charged Non Compliance Fees per the Schedule of Charges.
5. The Concessions Department may at the three U.S. airports (other than DFW) most similar in passenger volume any time compel Concessionaire to DFW.lower prices within two
Appears in 1 contract
Samples: Concession Lease Agreement
