Common use of Complete Destruction Clause in Contracts

Complete Destruction. 13.4.1. In the event a Concession Facility is completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will remain unusable for more than 30 days, and the Director elects to repair the Facility, notwithstanding Section 16.26., fees payable hereunder shall be paid to the time of such damage or destruction and shall thenceforth cease as to such Facility until such time as the Facility may be fully restored. If within 12 months after the time of such damage or destruction said Facility shall not have been repaired or reconstructed, Concessionaire may give the City written notice of its intention to cancel the Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the Facility is completely destroyed as a result of any act or omission by Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Director may, in his discretion, require Concessionaire to bear the cost of the repair and reconstruction of the Facility, pay the costs therefor and pay the Minimum Guarantee Fee with respect to the Facility during the reconstruction or repair.

Appears in 4 contracts

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

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Complete Destruction. 13.4.1. 14.4.1 In the event a Concession Facility is completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will remain unusable for more than 30 thirty (30) days, and the Director elects to repair the Facility, notwithstanding Section 16.26.17.26, fees payable hereunder shall be paid to the time of such damage or destruction and shall thenceforth cease as to such Facility until such time as the Facility may be fully restored. If within 12 twelve (12) months after the time of such damage or destruction said Facility shall not have been repaired or reconstructed, Concessionaire may give the City written notice of its intention to cancel the Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the Facility is completely destroyed as a result of any act or omission by Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Director may, in his discretion, require Concessionaire to bear the cost of the repair and reconstruction of the Facility, pay the costs therefor and pay the Minimum Guarantee Fee with respect to the Facility during the reconstruction or repair.

Appears in 4 contracts

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

Complete Destruction. 13.4.1. In the event a Concession Facility is completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will remain unusable for more than 30 days, and the Director elects to repair the Facility, notwithstanding Section 16.26., fees payable hereunder shall be paid to the time of such damage or destruction and shall thenceforth cease as to such Facility until such time as the Facility may be fully restored. If within 12 months after the time of such damage or destruction said Facility shall not have been repaired or reconstructed, Concessionaire may give the City written notice of its intention to cancel the Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the Facility is completely destroyed as a result of any act or omission by Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Director may, in his discretion, require Concessionaire to bear the cost of the repair and reconstruction of the Facility, pay the costs therefor and pay the Minimum Guarantee Fee with respect to the Facility during the reconstruction or repairtherefor.

Appears in 2 contracts

Samples: Food and Beverage Concession Agreement, Retail Concession Agreement

Complete Destruction. 13.4.1. In the event a Concession Facility is completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will remain unusable for more than 30 days, and the Director elects to repair the Facility, notwithstanding Section 16.26., fees payable hereunder shall be paid to the time of such damage or destruction and shall thenceforth cease as to such Facility until such time as the Facility may be fully restored. If within 12 months after the time of such damage or destruction said Facility shall not have been repaired or reconstructed, Concessionaire may give the City written notice of its intention to cancel the Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the Facility is completely destroyed as a result of any act or omission by Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Director may, in his discretion, require Concessionaire to bear the cost of the repair and reconstruction of the Facility, pay the costs therefor and pay the Minimum Guarantee Fee with respect to the Facility during the reconstruction or repair.

Appears in 1 contract

Samples: Food and Beverage Concession Agreement

Complete Destruction. 13.4.1. In the event a Concession Facility is completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will remain unusable for more than 30 days, and the Director elects to repair the Facility, notwithstanding Section 16.26.16.26.16.29, fees payable hereunder shall be paid to the time of such damage or destruction and shall thenceforth cease as to such Facility until such time as the Facility may be fully restored. If within 12 months after the time of such damage or destruction said Facility shall not have been repaired or reconstructed, Concessionaire may give the City written notice of its intention to cancel the Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the Facility is completely destroyed as a result of any act or omission by Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Director may, in his discretion, require Concessionaire to bear the cost of the repair and reconstruction of the Facility, pay the costs therefor and pay the Minimum Guarantee Fee with respect to the Facility during the reconstruction or repair.

Appears in 1 contract

Samples: Food and Beverage Concession Agreement

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Complete Destruction. 13.4.1. In the event a Concession Facility is completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will remain unusable for more than 30 days, and the Director elects to repair the Facility, notwithstanding Section 16.2616.25., fees payable hereunder shall be paid to the time of such damage or destruction and shall thenceforth cease as to such Facility until such time as the Facility may be fully restored. If within 12 months after the time of such damage or destruction said Facility shall not have been repaired or reconstructed, Concessionaire may give the City written notice of its intention to cancel the Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the Facility is completely destroyed as a result of any act or omission by Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Director may, in his discretion, require Concessionaire to bear the cost of the repair and reconstruction of the Facility, pay the costs therefor and pay the Minimum Guarantee Fee with respect to the Facility during the reconstruction or repair.

Appears in 1 contract

Samples: Amenities Concession Agreement

Complete Destruction. 13.4.1. 13.4.1 In the event a Concession the Facility is completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will remain unusable for more than 30 days, and the Director elects to repair the Facility, notwithstanding Section 16.26., fees payable hereunder shall be paid to the time of such damage or destruction and shall thenceforth cease as to such Facility until such time as the Facility may be fully restored. If within 12 months after the time of such damage or destruction said Facility shall not have been repaired or reconstructed, Concessionaire may give the City written notice of its intention to cancel the Agreement in its entirety as of the date of such damage or destruction. Notwithstanding the foregoing, if the Facility is completely destroyed as a result of any act or omission by Concessionaire, its agents, employees, suppliers, Subcontractors, or contractors, the Director may, in his discretion, require Concessionaire to bear the cost of the repair and reconstruction of the Facility, pay the costs therefor and pay the Minimum Annual Guarantee Fee with respect to the Facility during the reconstruction or repair.

Appears in 1 contract

Samples: Sample of Proposed Agreement

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