Common use of SUBCONTRACTOR'S FAILURE TO COMPLY Clause in Contracts

SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 Concessionaire agrees that it is responsible for the performance of its Subcontractors under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City to terminate in accordance with Section 15.1. 17.3.2 City agrees not to terminate this Agreement under Subsection 17.3.1 only if, (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor , and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City shall have the on-going right to terminate this Agreement under Subsection 17.3.1.

Appears in 4 contracts

Samples: Retail Concession Agreement, Food and Beverage Concession Agreement, Retail Concession Agreement

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SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 16.3.1. Concessionaire agrees that it is responsible for the performance of its Subcontractors under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City to terminate in accordance with Section 15.1.14.1.‌ 17.3.2 16.3.2. City agrees not to terminate this Agreement under Subsection 17.3.1 Section 16.3.1. only if, (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor , and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City shall have the on-going right to terminate this Agreement under Subsection 17.3.1Section 16.3.1.

Appears in 3 contracts

Samples: Food and Beverage Concession Agreement, Food and Beverage Concession Agreement, Food and Beverage Concession Agreement

SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 Concessionaire agrees that it is responsible for the performance of its Subcontractors under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City to terminate in accordance with Section 15.1. 17.3.2 14.1. City agrees not to terminate this Agreement under Subsection 17.3.1 Section 16.3.1. only if, (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor , and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City shall have the on-going right to terminate this Agreement under Subsection 17.3.1Section 16.3.1.

Appears in 3 contracts

Samples: Food and Beverage Concession Agreement, Retail Concession Agreement, Food and Beverage Concession Agreement

SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 16.3.1 Concessionaire agrees that it is responsible for the performance of its Subcontractors under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City to terminate in accordance with Section 15.114.1. 17.3.2 16.3.2 City agrees not to terminate this Agreement under Subsection 17.3.1 Section 16.3.1. only if, (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor , and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City shall have the on-going right to terminate this Agreement under Subsection 17.3.1Section 16.3.1.

Appears in 1 contract

Samples: Foreign Currency Exchange and Passenger Amenities Concession Agreement

SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 13.3.1. Concessionaire agrees that it is responsible for the performance of its Subcontractors subcontractors and joint venture partners under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor subcontractor or joint venture partner fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor subcontractor or joint venture partner to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City the Director to terminate in accordance with Section 15.1the Termination by the City provision of this Agreement. 17.3.2 13.3.2. City agrees not to terminate this Agreement under Subsection 17.3.1 this Section only if, if (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor subcontractor and/or joint venture partner, and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City the Director shall have the on-going ongoing right to terminate this Agreement under Subsection 17.3.1this Section.

Appears in 1 contract

Samples: Concession Agreement

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SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 16.3.1 Concessionaire agrees that it is responsible for the performance of its Subcontractors under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City to terminate in accordance with Section 15.114.1. 17.3.2 16.3.2 City agrees not to terminate this Agreement under Subsection 17.3.1 Section 16.3.1. only if, (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor , and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City shall have the on-going on‐going right to terminate this Agreement under Subsection 17.3.1Section 16.3.1.

Appears in 1 contract

Samples: Real Estate Development Agreement

SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 14.3.1 Concessionaire agrees that it is responsible for the performance of its Subcontractors subcontractors and joint venture partners under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor subcontractor or joint venture partner fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor subcontractor or joint venture partner to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City the Director to terminate in accordance with Section 15.112.1. 17.3.2 14.3.2 City agrees not to terminate this Agreement under Subsection 17.3.1 14.3.1 only if, (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor subcontractor and/or joint venture partner, and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City the Director shall have the on-going ongoing right to terminate this Agreement under Subsection 17.3.114.3.1.

Appears in 1 contract

Samples: Concession Agreement

SUBCONTRACTOR'S FAILURE TO COMPLY. 17.3.1 16.3.1. Concessionaire agrees that it is responsible for the performance of its Subcontractors under this Agreement. Concessionaire agrees to initiate and take all corrective action should a Subcontractor fail to comply with its contract with Concessionaire or any provision of this Agreement. The failure of a Subcontractor to comply with the provisions of this Agreement shall constitute a default by Concessionaire under this Agreement entitling City to terminate in accordance with Section 15.114.1. 17.3.2 16.3.2. City agrees not to terminate this Agreement under Subsection 17.3.1 Section 16.3.1. only if, (i) Concessionaire has taken all corrective action including (if necessary) termination of its agreement with the defaulting Subcontractor , and (ii) Concessionaire has in all respects made the City financially whole, as determined by the Director in his sole discretion. Failing the Director's determination that Concessionaire has complied with (i) and (ii) above, City shall have the on-going right to terminate this Agreement under Subsection 17.3.1Section 16.3.1.

Appears in 1 contract

Samples: Retail Concession Agreement

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