Competing Facility definition

Competing Facility. As defined in Section 7.3(e).

Competing Facility means, other than as set forth in Section 6.7(b)(vii), any cattle slaughtering facility, any beef processing and/or packaging facility, any retail and/or wholesale beef marketing operation or any hide tanning facility owned by a Competing Business anywhere in the world.

Competing Facility means any beef slaughtering facility, or any beef slaughtering and processing facility, owned by a Competing Business in the United States or Mexico.

Examples of Competing Facility in a sentence

• The Developer shall have no rights (including specifically any rights of pre-emption) with respect to any such Competing Facility, nor shall the Developer be permitted any alternation, variation, or modification of the Agreement (including specifically the extent of Consideration or the Term) consequent to any such development of a Competing Facility by the Railway (and/ or its nominee/ representative).

• In the eventuality that a Competing Facility is constructed within a distance of a 100 (one hundred) km radius of the MMLP in violation of the conditions specified above, the Concessionaire can request written communication from the Authority stating breach of this clause to seek redressal i.e. extension of the Concession Period by the Authority.

• Upon commissioning of the Competing Facility, the Concessionaire shall continue to collect the Fee, and shall not offer any discounts or reductions in such Fee except with the prior written consent of the Authority; provided that the Concessionaire may continue, in the same form and manner, any discounts or reductions that it had offered to any general or special class of Users for a continuous period of three years prior to the opening of the Competing Facility to traffic.

• The Authority agrees and undertakes to procure that the fee to be levied and collected from any person using the Competing Facility during the subsistence of this Concession shall at no time be less than 25% (twenty five per cent) higher than the Fee levied and collected from similar Users using the XXX Ropeway.

• For the avoidance of doubt, the Average Daily Fee for the purposes of this Clause shall be the amount so determined in respect of the Accounting Year or period, as the case may be, occurring prior to such opening or operation of the Competing Facility.

More Definitions of Competing Facility

Competing Facility means the provision of sports or leisure activities to Users resulting from:the construction of new facilities; orthe improvement of existing facilities (excluding essential lifecycle or planned preventative maintenance); orthe carrying out of new leisure activities or different leisure activities at an existing facility (excluding off-site activities in relation to the Government's healthy living agenda) which are not in the form of the activities provided at such facilities at the Commencement Date;and which meet all of the following criteria:provide additional or new competition for the Services (or part thereof) carried out at the [Facility/Facilities];provide areas of accommodation similar to or better than the [Facility/Facilities];are at a facility which is within the a [two]247 mile radius of [one of] the [Facility/Facilities];are at a facility which is an Authority Sponsored Facility;are not operated by the Contractor or any Affiliate of any of them; andthe new or improved facility or activity was not under active consideration and known (or ought to have been known) to the Contractor as at the date of this Agreement (the Contractor having made all reasonable enquiries);Competing Facility Assessment Periodmeans the period of one (1) complete Contract Year commencing at the beginning of the Contract Year immediately following the Contract Year in which the later of the following events to occur occursthe date on which the Contractor or the Authority reports the Competing Facility to the other pursuant to paragraph 1 of Part 5 of this Schedule;the date on which the Competing Facility commences competing activities; andthe Services Availability Date;Competing Facility Benchmarking Processmeans the process set out in Part 5 of this Schedule;Competing Facility Reportmeans the report to be produced by the Benchmark Consultant pursuant to Part 5 of this Schedule;Competition Information Notice

Competing Facility means a skilled nursing facility or other health care facility providing skilled nursing services similar to those of the Primary Intended Use of any Facility, licensed or unlicensed, existing or to be constructed, that (i) competes in any direct or indirect way with, or is comparable in any way to, any Facility and (ii) is located within a five (5) mile radius of any Facility.

Competing Facility means any now existing or new indoor or covered sports or entertainment arena, indoor or covered performance facility or other indoor or covered facility that (i) could compete with the [FedEx Forum] for the booking of any event, or (ii) has or will have a seating capacity of more than 5,000 persons and fewer than 50,000 persons; provided, however, the foregoing provisions shall not apply to any hotel ballrooms, movie theaters or convention and hotel facilities that are not designed or constructed to be able to accommodate or be used as venues for concerts, theatrical shows, public assemblies or sporting events.

Competing Facility means the provision of sports or leisure activities to Users resulting from:

Competing Facility means (a) with respect to any Facility as to which the Primary Intended Use is operation as a hospital and as to which the Restricted Period remains in effect, any long term acute care hospital (“LTACH”) that is located within a ten (10) mile radius of any such Facility and (b) with respect to any Facility as to which the Primary Intended Use is operation as a nursing center and as to which the Restricted Period remains in effect, any licensed nursing center or other property containing one or more licensed nursing center beds (referred to herein as a “SNF”) that is located within a five (5) mile radius of any such Facility.

Competing Facility. Any Gaming Facility located within the Restricted Area 7.4(e).

Competing Facility. A Gaming Facility within the Restricted Area acquired or operated by Tenant or any Affiliate of Tenant; provided, however, that a “Competing Facility” shall not include any Gaming Facility which Tenant or any Affiliate of Tenant owns or operates as of the Effective Date or is under contract to acquire as of the Effective Date.