Common use of TERMINATION BY CONCESSIONAIRE Clause in Contracts

TERMINATION BY CONCESSIONAIRE. 15.2.1 Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date. 15.2.2 In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) day written notice to Director upon the occurrence of one or more of the following events specified below: .1 The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) consecutive days; .2 The complete destruction of one-third (1/3) or more of the Concession Facilities from a cause other than the negligence or omission-to-act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities within twelve (12) months after such destruction; or .3 Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.

TERMINATION BY CONCESSIONAIRE. 15.2.1 Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) 30 days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date. 15.2.2 . In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) 30 day written notice to Director upon the occurrence of one or more of the following events specified below: .1 : The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) 90 consecutive days; .2 ; The complete destruction of one-third (1/3) or more of the Concession Facilities from a cause other than the negligence or omission-to-act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities within twelve (12) 12 months after such destruction; or .3 or Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.

TERMINATION BY CONCESSIONAIRE. 15.2.1 14.3.1. Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) 30 days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date. 15.2.2 14.3.2. In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) 30 day written notice to Director upon the occurrence of one or more of the following events specified below: .1 14.3.2.1. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) consecutive days;materially .2 14.3.2.2. The complete destruction of one-third (1/3) or more of the Concession Facilities from a cause other than the negligence or omission-to-act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities within twelve (12) 12 months after such destruction; or .3 14.3.2.3. Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.

TERMINATION BY CONCESSIONAIRE. 15.2.1 14.2.1 Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) 30 days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date. 15.2.2 14.2.2 In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) 30 day written notice to Director upon the occurrence of one or more of the following events specified below: .1 14.2.2.1 The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) 90 consecutive days; .2 14.2.2.2 The complete destruction of one-third one‐third (1/3) or more of the Concession Facilities Facility from a cause other than the negligence or omission-to-act omission‐to‐act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities Facility within twelve (12) 12 months after such destruction; or .3 14.2.2.3 Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities Facility as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.

TERMINATION BY CONCESSIONAIRE. 15.2.1 14.3.1. Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) 30 days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date. 15.2.2 14.3.2. In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) 30 day written notice to Director upon the occurrence of one or more of the following events specified below: .1 14.3.2.1. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) 90 consecutive days; .2 14.3.2.2. The complete destruction of one-third (1/3) or more of the Concession Facilities from a cause other than the negligence or omission-to-act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities within twelve (12) 12 months after such destruction; or .3 14.3.2.3. Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.

TERMINATION BY CONCESSIONAIRE. 15.2.1 14.3.1 Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) 30 days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffective. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date. 15.2.2 14.3.2 In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) 30 day written notice to Director upon the occurrence of one or more of the following events specified below: .1 14.3.2.1 The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) 90 consecutive days; .2 14.3.2.2 The complete destruction of one-third (1/3) or more of the Concession Facilities from a cause other than the negligence or omission-to-act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities within twelve (12) 12 months after such destruction; or .3 14.3.2.3 Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.

TERMINATION BY CONCESSIONAIRE. 15.2.1 14.3.1. Concessionaire may terminate its performance under this Agreement only in the event of default by the City and a failure by the City to cure such default after receiving notice thereof, all as provided in this Section. Default by the City shall occur if the City fails to observe or perform any of its material duties under this Agreement. Should such a default occur, Concessionaire may deliver a written notice to the Director describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Concessionaire, in its reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than thirty (30) 30 days to cure. If prior to the proposed date of termination, the City cures such default, then the proposed termination shall be ineffectivethen 14.3.2. If the City fails to cure such default prior to the proposed date of termination, then Concessionaire may terminate its performance under this Agreement as of such date. 15.2.2 In addition, this Agreement may be canceled or terminated by Concessionaire by giving a thirty (30) 30 day written notice to Director upon the occurrence of one or more of the following events specified below: .1 14.3.2.1. The lawful assumption by the United States government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon for a period of at least ninety (90) 90 consecutive days; .2 14.3.2.2. The complete destruction of one-third (1/3) or more of the Concession Facilities from a cause other than the negligence or omission-to-act of Concessionaire, its Subcontractors, agents or employees, and the subsequent failure of City to repair or reconstruct said Facilities within twelve (12) 12 months after such destruction; or .3 14.3.2.3. Any exercise of authority by the federal government which shall so interfere with Concessionaire's use and enjoyment of the Concession Facilities as to constitute a termination, in whole or in part, of this Agreement by operation of law in accordance with the laws of the United States.