Common use of ADVISORY UNSCHEDULED CLOSURES & PAYMENT ABATEMENTS Clause in Contracts

ADVISORY UNSCHEDULED CLOSURES & PAYMENT ABATEMENTS. All Bidders are hereby advised that the State Park Service facilities are subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from harmful algal bloom (HAB), inclement weather, water quality, staffing, emergencies, or other causes. All Bidders are further advised that swimming at the Area for any Term of the Agreement is not guaranteed and is subject to the ability to hire seasonal staffing, including lifeguards. State Park Service Lifeguards are responsible for the safety of park patrons utilizing State Park Service-administered bathing beaches. They are not hired to supplement concession operations. When lifeguards are not present, the park or recreation area is only closed to swimming: the entrance gates are open and beaches, cabins, and campgrounds (if applicable) are all still accessible to park patrons. Information pertaining to park closures can be found at the Area’s website and social media pages. In accordance with Paragraph 41, payment abatements will not be given for any reason. Bidders are cautioned to review the information provided below related to closures before submitting a bid to provide concession services. Please see the below list of days during which the Area was closed over the past three (3) seasons: 2019 – Four (4) days swimming area closed due to water quality 2020 – No closures 2021 – Ninety-Eight days swimming area closed due to lack of lifeguards

ADVISORY UNSCHEDULED CLOSURES & PAYMENT ABATEMENTS. All Bidders are hereby advised that the State Park Service facilities are subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from harmful algal bloom (HAB), inclement weather, water quality, staffing, emergencies, or other causes. All Bidders are further advised that swimming at the Area for any Term of the Agreement is not guaranteed and is subject to the ability to hire seasonal staffing, including lifeguards. State Park Service Lifeguards are responsible for the safety of park patrons utilizing State Park Service-administered bathing beaches. They are not hired to supplement concession operations. When lifeguards are not present, the park or recreation area is only closed to swimming: the entrance gates are open and beaches, cabins, and campgrounds (if applicable) are all still accessible to park patrons. Information pertaining to park closures can be found at the Area’s website and social media pages. In accordance with Paragraph 41, payment abatements will not be given for any reason. Bidders are cautioned to review the information provided below related to closures before submitting a bid to provide concession services. Please see the below list of days during which the Area was closed over the past three (3) seasons: 2019 – Four 2019- Eighty-Nine (489) days swimming area closed due to water quality 2020 – No closures 2021 – Ninety-lack of lifeguards 2020- One Hundred Eight (108) days swimming area closed due to lack of lifeguards; Twenty-eight (28) days Park Operation closed due to Covid-19 pandemic; Ten (10) days Area closed due to power outage associated with Hurricane Xxxxxx 2021 – One Hundred One (101) days swimming area closed due to lack of lifeguards

ADVISORY UNSCHEDULED CLOSURES & PAYMENT ABATEMENTS. All Bidders are hereby advised that the State Park Service facilities are subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from harmful algal bloom (HAB), inclement weather, water quality, staffing, emergencies, or other causes. All Bidders are further advised that swimming at the Area for any Term of the Agreement is not guaranteed and is subject to the ability to hire seasonal staffing, including lifeguards. State Park Service Lifeguards are responsible for the safety of park patrons utilizing State Park Service-administered bathing beaches. They are not hired to supplement concession operations. When lifeguards are not present, the park or recreation area is only closed to swimming: the entrance gates are open and beaches, cabins, and campgrounds (if applicable) are all still accessible to park patrons. Information pertaining to park closures can be found at the Area’s website and social media pages. In accordance with Paragraph 41, payment abatements will not be given for any reason. Bidders are cautioned to review the information provided below related to closures before submitting a bid to provide concession services. Please see the below list of days during which the Area was closed over the past three (3) seasons: 2019 – Four (4) days swimming area closed due to water quality No closures 2020 – No closures 2021 – Ninety-Eight days swimming area closed due to lack of lifeguardsNo closures

ADVISORY UNSCHEDULED CLOSURES & PAYMENT ABATEMENTS. All Bidders are hereby advised that the State Park Service facilities are subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from harmful algal bloom (HAB), inclement weather, water quality, staffing, emergencies, or other causes. All Bidders are further advised that swimming at the Area for any Term of the Agreement is not guaranteed and is subject to the ability to hire seasonal staffing, including lifeguards. State Park Service Lifeguards are responsible for the safety of park patrons utilizing State Park Service-administered bathing beaches. They are not hired to supplement concession operations. When lifeguards are not present, the park or recreation area is only closed to swimming: the entrance gates are open and beaches, cabins, and campgrounds (if applicable) are all still accessible to park patrons. Information pertaining to park closures can be found at the Area’s website and social media pages. In accordance with Paragraph 41, payment abatements will not be given for any reason. Bidders are cautioned to review the information provided below related to closures before submitting a bid to provide concession services. Please see the below list of days during which the Area was closed over the past three (3) seasons: 2019 – Four Swimming area closed six (48) days due to lack of lifeguards 2020 – Swimming area closed one hundred eight (108) days swimming area closed due to water quality 2020 – No closures 2021 – Ninety-Eight days swimming area closed due to lack of lifeguards/Covid-19 pandemic 2021 – Swimming area closed ninety-eight days due to lack of lifeguards/Covid-19 pandemic

ADVISORY UNSCHEDULED CLOSURES & PAYMENT ABATEMENTS. All Bidders are hereby advised that the State Park Service facilities are subject to unscheduled closures for reasons of health, public welfare, public safety, and government closures. These closures may result from harmful algal bloom (HAB), inclement weather, water quality, staffing, emergencies, or other causes. All Bidders are further advised that swimming at the Area for any Term of the Agreement is not guaranteed and is subject to the ability to hire seasonal staffing, including lifeguards. State Park Service Lifeguards are responsible for the safety of park patrons utilizing State Park Service-administered bathing beaches. They are not hired to supplement concession operations. When lifeguards are not present, the park or recreation area is only closed to swimming: the entrance gates are open and beaches, cabins, and campgrounds (if applicable) are all still accessible to park patrons. Information pertaining to park closures can be found at the Area’s website and social media pages. In accordance with Paragraph 41, payment abatements will not be given for any reason. Bidders are cautioned to review the information provided below related to closures before submitting a bid to provide concession services. Please see the below list of days during which the Area was closed over the past three (3) seasons: 2019 – Four Swimming area closed for sixty-seven (467) days swimming (Hopatcong State Park remained open) 2020 – Swimming area closed due to water quality 2020 – No closures for thirty-three (33) days (Hopatcong State Park remained open) 2021 – Ninety-Eight days swimming Swimming area closed due to lack of lifeguardsfor thirty-three (33) days (Hopatcong State Park remained open)