Common use of Use of Plans Clause in Contracts

Use of Plans. Contracts between Concessionaire and any architect, design professional or licensed contractor in connection with Alterations shall provide, in form and content reasonably satisfactory to County, for the assignment thereof to County (and Concessionaire’s Encumbrance Holder(s) if required by Concessionaire’s Encumbrance Holder(s)) as security to County for Concessionaire’s performance hereunder, and County shall be furnished with a copy of any such contract, together with the further agreement of the parties thereto, that if this Contract is terminated by County due to Concessionaire’s default, County (or if County enters into a new contract with Concessionaire’s Encumbrance Holder pursuant to Article 34, then Concessionaire’s Encumbrance Holder) may, at its election, use any plans and specifications created by such architect, design professional or contractor in connection with the contract for such Alterations, upon the payment of any sums due to any party thereto. County’s right to elect to use plans and specifications as described above shall not include the unauthorized right to use any trademarks, trade names or logos of Concessionaire or any such architect, design professional or contractor. The assignment to County and Concessionaire’s Encumbrance Holder(s) described in this Section 5.8. shall be effective until the Final Completion Certificate for the subject work is issued, and shall be subordinate to the security interest, if any, of Concessionaire’s construction lender in the assigned contract, which subordination shall be in a form reasonably acceptable to Concessionaire’s construction lender.

Appears in 1 contract

Samples: Restaurant Operation

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Use of Plans. Contracts between Concessionaire Lessee and any architect, design professional or licensed contractor in connection with Alterations shall provide, in form and content reasonably satisfactory to County, for the assignment thereof to County (and ConcessionaireLessee’s Encumbrance Holder(s) if required by ConcessionaireLessee’s Encumbrance Holder(s)) as security to County for ConcessionaireXxxxxx’s performance hereunder, and County shall be furnished with a copy of any such contract, together with the further agreement of the parties thereto, that if this Contract Lease is terminated by County due to ConcessionaireLessee’s default, County (or if County enters into a new contract lease with ConcessionaireXxxxxx’s Encumbrance Holder pursuant to Article 3412, then ConcessionaireLessee’s Encumbrance Holder) may, at its election, use any plans and specifications created by such architect, design professional or contractor in connection with the contract for such Alterations, upon the payment of any sums due to any party thereto. County’s right to elect to use plans and specifications as described above shall not include the unauthorized right to use any trademarkstrade marks, trade names or logos of Concessionaire Lessee or any such architect, design professional or contractor. The assignment to County and ConcessionaireXxxxxx’s Encumbrance Holder(s) described in this Section 5.8. 5.8 shall be effective until the Final Completion Certificate for the subject work is issued, and shall be subordinate to the security interest, if any, of ConcessionaireXxxxxx’s construction lender in the assigned contract, which subordination shall be in a form reasonably acceptable to ConcessionaireXxxxxx’s construction lender.

Appears in 1 contract

Samples: Lease Agreement

Use of Plans. Contracts between Concessionaire Lessee and any architect, design professional or licensed contractor in connection with Alterations shall provide, in form and content reasonably satisfactory to County, for the assignment thereof to County (and ConcessionaireLessee’s Encumbrance Holder(s) if required by ConcessionaireLessee’s Encumbrance Holder(s)) as security to County for ConcessionaireLessee’s performance hereunder, and County shall be furnished with a copy of any such contract, together with the further agreement of the parties thereto, that if this Contract Lease is terminated by County due to ConcessionaireLessee’s default, County (or if County enters into a new contract lease with ConcessionaireLessee’s Encumbrance Holder pursuant to Article 3412, then ConcessionaireLessee’s Encumbrance Holder) may, at its election, use any plans and specifications created by such architect, design professional or contractor in connection with the contract for such Alterations, upon the payment of any sums due to any party thereto. County’s right to elect to use plans and specifications as described above shall not include the unauthorized right to use any trademarkstrade marks, trade names or logos of Concessionaire Lessee or any such architect, design professional or contractor. The assignment to County and ConcessionaireLessee’s Encumbrance Holder(s) described in this Section 5.8. 5.8 shall be effective until the Final Completion Certificate for the subject work is issued, and shall be subordinate to the security interest, if any, of ConcessionaireLessee’s construction lender in the assigned contract, which subordination shall be in a form reasonably acceptable to ConcessionaireLessee’s construction lender.

Appears in 1 contract

Samples: Lease Agreement

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Use of Plans. Contracts between Concessionaire Xxxxxx and any architect, design professional or licensed contractor in connection with Alterations shall provide, in form and content reasonably satisfactory to County, for the assignment thereof to County (and ConcessionaireXxxxxx’s Encumbrance Holder(s) if required by ConcessionaireXxxxxx’s Encumbrance Holder(s)) as security to County for ConcessionaireLessee’s performance hereunder, and County shall be furnished with a copy of any such contract, together with the further agreement of the parties thereto, that if this Contract Lease is terminated by County due to ConcessionaireLessee’s default, County (or if County enters into a new contract lease with ConcessionaireLessee’s Encumbrance Holder pursuant to Article 3412, then ConcessionaireLessee’s Encumbrance Holder) may, at its election, use any plans and specifications created by such architect, design professional or contractor in connection with the contract for such Alterations, upon the payment of any sums due to any party thereto. County’s right to elect to use plans and specifications as described above shall not include the unauthorized right to use any trademarks, trade names or logos of Concessionaire Lessee or any such architect, design professional or contractor. The assignment to County and ConcessionaireXxxxxx’s Encumbrance Holder(s) described in this Section 5.8. 5.8 shall be effective until the Final Completion Certificate for the subject work is issued, and shall be subordinate to the security interest, if any, of ConcessionaireXxxxxx’s construction lender in the assigned contract, which subordination shall be in a form reasonably acceptable to ConcessionaireXxxxxx’s construction lender.

Appears in 1 contract

Samples: Lease Agreement

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