Common use of Equipment Clause in Contracts

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this the Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the each Period of Operation each Term of this the Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. For the Initial Term of the Agreement, Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession prior to the designated ten (10) day “set-up” period and after the designated ten (10) day “take-down” period set forth in Subparagraph 7(A). For any subsequent Renewal Term(s), Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining a) EVERTEC will retain all State-owned right, title or interest in any EVERTEC equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damagesupplied to COMPANY, lossBPPR, or maintenance any of their respective Subsidiaries as part of the Services (“EVERTEC Equipment”), and no ownership rights in such EVERTEC Equipment will transfer to COMPANY, BPPR, or any of their respective Subsidiaries. COMPANY, BPPR, and their respective Subsidiaries will, as applicable, provide a suitable and secure environment, free from environmental hazards, and electric power for such EVERTEC Equipment located in premises operated or controlled by COMPANY, BPPR, or one of their respective Subsidiaries, and will keep the EVERTEC Equipment free from all liens, charges, and encumbrances. COMPANY, BPPR, and their respective Subsidiaries, as applicable, will bear the risk of loss of or damage to EVERTEC Equipment (ordinary wear and tear excepted) from any cause except to the extent caused by EVERTEC or its suppliers. COMPANY, BPPR, and their respective Subsidiaries agree that they will not remove, relocate, modify, or interfere with EVERTEC Equipment, or attach EVERTEC Equipment to non-EVERTEC equipment without prior written authorization from EVERTEC. b) Title to and risk of loss of any equipment installed by Concessionaire. Concessionaire shall obtain written approval purchased from Department prior EVERTEC will pass to installation COMPANY, BPPR, or their respective Subsidiaries as of delivery, upon which date EVERTEC will have no further obligations of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned kind with respect to a satisfactory levelsuch purchased equipment, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, except as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipmenta document executed by the appropriate parties. D. Department shall not c) All ownership or leasehold interest in a party’s facilities, and associated equipment used in connection with the Services, will at all times remain with that party. If any equipment of COMPANY, BPPR, or any of their respective Subsidiaries (“COMPANY Equipment”) is used to provide the Services, COMPANY, BPPR, or their appropriate respective Subsidiaries, will grant EVERTEC a non-transferable and non-exclusive license to use such COMPANY Equipment in the manner necessary to provide the Services, except as otherwise may be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather eventprovided in writing.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the each Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. For the Initial Term of this Agreement, Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession prior to the designated ten (10) day “set-up” period and after the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). For any subsequent Renewal Term(s), Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire Unless otherwise specified by the Contracting Authority, The Contractor (Catering Service Provider) shall be solely responsible for maintaining provide all Statenecessary heavy and light duty catering equipment and stainless-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible steel worktop tables etc necessary for the damage, loss, or maintenance provision of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession PremisesServices (“Equipment”). B. The exhaust hood covering Items identified in the cooking area must be cleaned to a satisfactory levelITT and the Contractors TRD classified as permanent fixtures and fittings which will include typically extraction fans, inspectedassociated ducting and stainless steel canopy, some wall and floor finish surfaces, associated building works including plumbing works, electrical modifications such as additional power sockets, and approved by installation of grease traps, waste outlets etc required to deliver the Area Superintendent service and carried out over the lifetime of this contract, title and ownership to such fixtures and fittings will upon expiry or termination of the Contract, shall automatically vest in and transfer to the Contracting Authority at no additional cost and free of any encumbrance; where the Contract has been terminated prior to the first day expiry of the Period a period of Operation each Term of this Agreement. If the chute/chimney extending 3 years from the hood through Commencement Date, the structure Contractor shall be entitled to recover the exterior of unamortised amount left outstanding on the building is determined by identified fixture and fittings from the Contracting Authority (depreciated on a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hoodstraight-cleaning service to clean the hood, and for obtaining fire inspector approvalline 3-year basis). C. The storage Contractor shall maintain and store all items of suppliesEquipment within the Contracting Authority’s premises in a safe, goodsserviceable and clean condition. The Contractor shall maintain all necessary equipment (whether owned by the school or the Contractor) to the standards required by law for the duration of the contract. D. The Contractor shall, or equipment is only permitted at the Concession PremisesContracting Authority’s written request, at its own expense and as designated soon as reasonably practicable: i. removes from the Contracting Authority’s premises any Equipment which in Exhibit A. Concessionaire the reasonable opinion of the Contracting Authority is either hazardous, noxious or not in accordance with this Agreement; and ii. replace such item with a suitable substitute item of Equipment. E. All Equipment brought onto the Contracting Authority’s premises shall be at the Contractor’s own risk and the Contracting Authority shall have no liability for any loss of, caused by or damage to any Equipment. The Contractor shall provide for the haulage or carriage thereof to the Contracting Authority’s premises and the removal of Equipment when no longer required at its sole cost. Unless otherwise agreed, Equipment brought onto the premises will remain the property of the Contractor. All moveable equipment provided by the Contractor classified as heavy catering/light catering equipment including but not limited to cookers, banbaries, combi ovens, server units, cold storage, cutleries crockery, soup kettles & stoves, sundry items will remain in the ownership of the Contractor and on expiry of the contract can be removed. It will be up to the Contractor should they so wish at the expiry of the contract to engage with the incoming provider in terms of the moveable assets and the Contracting Authority will not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft arrangements in this regard. On completion of suppliesthe Services the Contractor shall remove the Equipment used by the Contractor to provide the Services and shall leave the Contracting Authority’s premises in a clean, goods or equipment. D. Department shall not be safe and tidy condition. The Contractor is solely responsible for making good any damages damage to the Contracting Authority’s premises or loss any objects contained thereon, other than fair wear and tear, which is caused by the Contractor or any of goods its employees or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather eventsubcontractors.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering In the cooking area must event Department determines it is deemed necessary, Concessionaire shall be cleaned required to place a satisfactory level, inspected, and approved by minimum of one (1) Portable Toilet Unit (which will be handicap accessible) on the Area Superintendent prior to the first day of the Concession Premises during each Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service cost to clean and maintain the hoodUnit. Concessionaire may, and for obtaining fire inspector approvalat the discretion of Department, provide an alternative restroom facility in lieu of the Portable Toilet Unit. Concessionaire’s use of an alternative restroom facility to meet the requirements of this Subparagraph shall require the written pre-approval of Department. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of During the Period of Operation each Term of this Agreement. If Operation, the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of Concessionaire-owned supplies, goods, or equipment is and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A. Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all suppliesclean up, goodscomplete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 18, and equipment related to the operation of vacate the Concession from the Area Premises within the designated ten seven (107) day “take-down” period set forth in Subparagraph 6(A). On or before December 31st of the final Term of this Agreement or upon termination of this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 4(B). The Concession Storage Fee for the Initial Term of this Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire Equipment owned by DSM and located at DSM’s Greenville, North Carolina facility, shall not be dedicated to any single customer, but shall be solely available for manufacturing of product according to DSM’s manufacturing processes requirements. 4.1.1 Barrier and DSM shall mutually agree on the terms and conditions of any special equipment required to be purchased for the processing of the Product. Equipment which Barrier has agreed to purchase, and for which it shall be financially responsible as to capital modifications is identified in Exhibit 2 and shall be dedicated to the production of the Product. Barrier may at times authorize DSM, with DSM’s approval, to select and order equipment that will be invoiced directly to Barrier. DSM shall be responsible for maintaining installing and qualifying at its facility, any and all State-owned equipment new or used equipment, molds, and tooling necessary for the manufacturing, packaging, and labeling of the Product. 4.1.2 Equipment identified to be purchased by Barrier for the Product and to be installed on the Concession Premises at DSM is identified in Exhibit 2. DSM shall obtain Barrier’s prior written approval for all costs and expenses associated with such installation and qualification (including without limitation labor and engineering costs) and Barrier shall reimburse DSM for all such reasonable costs within thirty (30) days of receiving DSM’s invoice(s) therefore. 4.1.3 Title to, and risk of loss of, all such equipment, molds and tooling paid for by Barrier shall be retained by Barrier, provided that all such equipment, molds and tooling shall remain at DSM’s facility for use by ConcessionaireDSM during the term of this Agreement. Department Following the termination of this Agreement, at Barrier’s election, Barrier may, at its expense, remove the equipment. 4.1.4 DSM shall not be responsible for routine maintenance and servicing of such equipment so long as such equipment remains at DSM’s facility, including any non-routine maintenance due to DSM’s negligence or willful misconduct. Barrier shall be responsible for the damagecost of non-routine maintenance and servicing of such equipment (such as major repairs and parts replacement), loss, except to the extent caused by DSM’s negligence or maintenance of any equipment installed by Concessionairewillful misconduct. Concessionaire DSM shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent notify Barrier prior to the first day performance of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hoodany non-cleaning service to clean the hoodroutine maintenance or servicing, and Barrier shall directly pay or promptly reimburse DSM (as the case may be) for obtaining fire inspector approval. C. The storage of supplies, goods, any such maintenance or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be servicing costs that Barrier has authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, be incurred and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipmentwhich it is responsible. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire Notwithstanding anything to the contrary herein, the parties acknowledge that CEPHALON will, promptly upon CATALYTICA's request, reimburse CATALYTICA for any out-of-pocket expenses incurred by CATALYTICA in connection with the purchase of certain tooling and other specialized equipment required for the manufacture, packaging and labeling of the Product (the "Equipment"), including without limitation punches and dies for tablet presses, and special change parts for bottle handling. The parties shall be solely responsible for maintaining all State-owned equipment installed agree in writing on the Concession Premises for need for, specifications and costs of any such Equipment and related materials prior to such purchase. CATALYTICA agrees to use by Concessionairesaid Equipment solely in connection with the performance of its duties and obligations established hereunder. Department CATALYTICA shall not maintain all such Equipment in good working order. CEPHALON will be responsible for the damagecost of purchasing replacement Equipment at the end of its useful life, lossprovided however, that CATALYTICA will be responsible for any such costs stemming from damage or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, premature or undue wear and approved by the Area Superintendent prior tear to the first day Equipment based upon neglect or misuse by CATALYTICA. CEPHALON shall retain title to such Equipment, which will be returned by CATALYTICA at the request of the Period CEPHALON following termination of Operation each Term this Agreement; provided, however, CATALYTICA, at its option, may purchase such Equipment at its depreciated book value upon termination of this Agreement. If CEPHALON shall reimburse CATALYTICA for all costs incurred by CATALYTICA in connection with the chute/chimney extending from the hood through the structure to the exterior removal and return of the building Equipment, including CATALYTICA's facility restoration costs. A schedule of currently identified Equipment to be purchased by CEPHALON, along with certain other equipment for which CATALYTICA shall reimburse CEPHALON and which shall be owned by CATALYTICA, is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hoodprovided in Schedule G, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire such Equipment shall not be authorized purchased and delivered to store any supplies, goods or equipment related to the operation CATALYTICA within two (2) months of the Concession outside any Term effective date of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire will have the opportunity to inspect the Concession Premises prior to bidding and is responsible for determining whether the State-owned equipment provided by Department is adequate for its Concession Operation. B. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. C. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. D. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. E. Department shall not be responsible for any damages or loss of goods equipment, goods, or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises and Shipping Container Installation Area for use by ConcessionaireConcessionaire and Concession Patrons. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaireequipment. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession PremisesPremises and Shipping Container Installation Area. B. Concessionaire shall operate a Concessionaire-owned canoe and/or kayak to respond to all emergency situations involving rented paddleboards and related equipment while the Concession is open for business and while paddleboards and related equipment are in use on the Lake/Reservoir. Concessionaire may request Department-written approval to operate a small Concessionaire-owned emergency rescue vessel with an electric motor (“Vessel’) to respond to all emergency situations involving rented paddleboards and related equipment while the Concession is open for business and while paddleboards and related equipment are in use on the Lake/Reservoir. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day operation of the Period Vessel without Department-written pre- approval shall be a material breach of Operation each Term the Agreement, subject to Suspension of this AgreementOperations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 9 and 10. If approved in writing, Concessionaire’s Vessel shall be manned, equipped and operated at all times in accordance with the chute/chimney extending from United States Coast Guard rules and regulations. Failure on the hood through part of Concessionaire to operate the structure to Vessel in accordance with the exterior terms and conditions of any Department-written approval shall be a material breach of the building is determined by a fire inspector Agreement, subject to need cleaning, Concessionaire will be solely responsible for obtaining Suspension of Operations and/or Termination in accordance with the services of a recognized, professional exhaust hood-cleaning service to clean the hood, terms and for obtaining fire inspector approvalconditions set forth in Paragraphs 9 and 10. C. The No overnight storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove provided and all supplies, goods, and equipment related to the operation of the Concession shall be removed from the Area within the designated ten (10) day “take-down” period set forth on a daily basis unless otherwise approved in Subparagraph 6(A)writing by Department. Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall, at its sole cost and expense, provide a fully equipped, completely self- contained mobile unit, sufficient to satisfy the requirements of this Agreement and shall be solely responsible for maintaining maintain and operate said unit and all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damagein good condition, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises.in compliance with B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day storage of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaningmobile unit, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. The storage of the mobile unit, supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall, at its sole cost and expense, provide a fully equipped, completely self- contained mobile unit, sufficient to satisfy the requirements of the Agreement and shall be solely responsible for maintaining maintain and operate said unit and all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damagein good condition, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises.in compliance with B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day storage of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaningmobile unit, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. The storage of the mobile unit, supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall remove the mobile unit all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall, at its sole cost and expense, provide a fully equipped, completely self- contained mobile unit, sufficient to satisfy the requirements of this Agreement and shall be solely responsible for maintaining maintain and operate said unit and all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damagein good condition, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises.in compliance with B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day storage of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaningmobile unit, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. The storage of the mobile unit, supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of During the Period of Operation each Term of this Agreement. If Operation, the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of Concessionaire-owned supplies, goods, or equipment is and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted inside the concession building located on the Concession Premises and at the Storage Area(s), as designated by Department in Exhibit A. Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove all suppliesclean up, goodscomplete the Performance Evaluation Meeting #2 with a Department- designated State Park Service staff representative, as set forth in Paragraph 19, and equipment related to the operation of vacate the Concession from the Area Premises within the designated ten seven (107) day “take-down” period set forth in Subparagraph 6(A7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises and Storage Area(s). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Exhibits A, B, and C. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-take- down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire Vendor shall provide all necessary equipment, vehicles and labor necessary for the installation and removal of concession equipment, food and miscellaneous merchandise and to ensure compliance with all health regulations. The Township will provide a refrigerator, freezer, grill, ice machine, service tables and deep fryer ("Township Items"). All other items must be solely responsible provided by Vendor. The Township does not warrant the Township Items as to their operability. All items are “AS IS/WHERE IS.” Vendor represents that it has had sufficient opportunity to fully inspect the machinery and equipment and they are satisfactory for maintaining Concession Stand operation. In the event that any of the Township Items become inoperable during the term of this Agreement, Vendor shall inform the Township's Purchasing Agent in writing immediately either by email to ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ or fax at (▇▇▇) ▇▇▇-▇▇▇▇. In such event, the Township shall take all State-owned equipment installed on appropriate and reasonable steps to repair same, but in any event, Vendor shall continue to operate the Concession Premises for use by ConcessionaireStand during all hours of operation and will have no right of setoff or deduction under any circumstances concerning the contractual price set forth in Paragraph 3. Department Further, Vendor shall not be responsible for the ensuring that all Township Items and property are used in accordance with normal operations and are not negligently used in any manner so as to cause breakage, disrepair, damage, loss, or maintenance injury. In the event of any equipment installed such breakage, disrepair or damage, Vendor shall be fully responsible for all costs and expenses which shall be paid by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior Vendor or reimbursed to the first day Township, whichever is applicable, within forty-eight (48) hours of the Period of Operation each Term of this Agreementpresentment. If the chute/chimney extending from the hood through the structure to the exterior such expenses are not promptly paid, such act or omission will constitute an event of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approvaldefault hereunder. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of During the Period of Operation each Term of this Agreement. If Operation, the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of Concessionaire-owned supplies, goods, or equipment is and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A. Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove all suppliesclean up, goodscomplete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and equipment related to the operation of vacate the Concession from the Area Premises within the designated ten seven (107) day “take-down” period set forth in Subparagraph 6(A7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall, at its sole cost and expense, provide a fully equipped, completely self- contained mobile unit, sufficient to satisfy the requirements of this Agreement and shall be solely responsible for maintaining maintain and operate said unit and all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damagein good condition, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises.in compliance with B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day storage of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaningmobile unit, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. The storage of the mobile unit, supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of any supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, including but not limited to, to equipment failure, vandalism or weather event.

Equipment. A. Concessionaire The Company shall have in its possession, or available, sufficient equipment, hand tools, materials, and supplies necessary to perform the work as outlined in this Scope of Services. HAZARDOUS MATERIALS If the Company encounters any materials considered or suspected of being hazardous, he shall immediately secure the area and contact the Charlotte-Mecklenburg Hazardous Materials Coordinator, telephone ▇▇▇-▇▇▇-▇▇▇▇ for further instructions. MATERIALS AND EQUIPMENT STORAGE The Company shall be solely responsible for maintaining locating and providing storage areas for construction materials and equipment. The material and equipment storage shall comply with all State-owned equipment installed on local and state ordinances throughout the Concession Premises for use contract period. The Company shall restore the storage area to its original condition upon completion of the Project or upon such time as directed by Concessionairethe City. Department Such restoration shall not be at no additional cost to the City. The Company shall be responsible for the damagesafeguarding of materials and equipment against fire, losstheft and vandalism and shall not hold the City responsible in any way for the occurrences of same. The Company shall furnish and erect, or maintenance at no additional cost, whatever works may be necessary for the protection of any equipment installed by Concessionairethe public, including but not limited to barricades, fences, etc. Concessionaire Prior to final payment being made, the Company shall obtain written approval a release from Department prior to installation the property owner of any the storage area utilized for the Project. PROJECT LOCATION INSPECTIONS All trades shall be performed by skilled craftsmen. Satisfactory work and housekeeping will be maintained by the Company at all times. The worksite conditions, progress of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspectedwork, and approved quality of work at each Project location may be inspected by the Area Superintendent prior City on a continual basis. Any condition or situation deemed by the City to be unsatisfactory shall be remedied as soon as logistically possible and no later than within 24 hours. During its inspection, the first day City may note whether each Project location is satisfactory or unsatisfactory. PROTECTION OF PROPERTY Company shall protect all surrounding furniture, surfaces (including glass, aluminum, wood, labels, signage, etc.), mechanical, electrical, computer hardware and other sensitive components from sanding dust, paint splatter, spills and/or overspray. Use sufficient drop cloths and coverings for the protection of the Period of Operation each Term of this Agreementfloors, furnishings and adjacent surfaces. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire Company shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for providing and placement of barricades, drop cloths, tarps, plastic, flag tape and any damages or loss other safety equipment required to protect the public and employees in the work area. Company shall be responsible for the security of goods or its equipment and materials. SAFETY Provide a safe work environment in accordance with all local, state, Federal, and applicable OSHA regulations. Employees must wear OSHA required safety equipment while working. STAFFING REQUIREMENTS AND IDENTIFICATION OF COMPANY PERSONNEL The Company shall provide a sufficient work force and supervisory personnel to perform the specified services resulting from equipment failureand to meet the requirements of the City. Concessionaire The City has the right to require any additional personnel that the City deems necessary to complete the Project. The City also has the right to require removal and replacement of any personnel deemed unsatisfactory by the City. Personnel shall obtain insurance coverage pursuant to Paragraph 34 for possible losses includingmaintain a neat and clean appearance, but with identification clearly identifying the person and the name of their company. Shirts must be worn at all times, with shirt tails tucked in. Tank tops are not limited to, equipment failure, vandalism or weather eventpermitted. All personnel must wear high visibility safety vests that meet ANSI standards while working in vehicular traffic areas.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of During the Period of Operation each Term of this Agreement. If Operation, the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of Concessionaire-owned supplies, goods, or equipment is and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A. Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all suppliesclean up, goodscomplete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 18, and equipment related to the operation of vacate the Concession from the Area Premises within the designated ten seven (107) day “take-down” period set forth in Subparagraph 6(A). On or before December 31st of the final Term of this Agreement or upon termination of this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 4(B). The Concession Storage Fee for the Initial Term of this Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st. D. Concession shall, at its sole cost and expense, be responsible for routine maintenance and supplies of the public restroom located on the Concession Premises. E. Concession shall, at its sole cost and expense, be responsible for routine maintenance of the fence located on the Concession Premises including, but not limited to, routinely replacing the fence elements. F. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of During the Period of Operation each Term of this Agreement. If Operation, the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of Concessionaire-owned supplies, goods, or equipment is and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted inside the concession building located on the Concession Premises and at the Storage Area(s), as designated by Department in Exhibit A. Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove all suppliesclean up, goodscomplete the Performance Evaluation Meeting #2 with a Department- designated State Park Service staff representative, as set forth in Paragraph 18, and equipment related to the operation of vacate the Concession from the Area Premises within the designated ten seven (107) day “take-down” period set forth in Subparagraph 6(A). On or before December 31st of the final Term of this Agreement or upon termination of this Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises and Storage Area(s). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 4(B). The Concession Storage Fee for the Initial Term of this Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this the Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of any supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, including but not limited to, to equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall, at its sole cost and expense, provide a fully equipped, completely self- contained mobile unit, sufficient to satisfy the requirements of the Agreement and shall be solely responsible for maintaining maintain and operate said unit and all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damagein good condition, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises.in compliance with B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day storage of the Period of Operation each Term of this Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaningmobile unit, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 6(A7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. The storage of the mobile unit, supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store the mobile unit or any supplies, goods or equipment related to the operation of the Concession outside any Term of the Agreement. Concessionaire shall remove the mobile unit and all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-down” period set forth in Subparagraph 7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of the Period of Operation each Term of this the Agreement. If the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Exhibits A, B, and C. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove all supplies, goods, and equipment related to the operation of the Concession from the Area within the designated ten (10) day “take-take- down” period set forth in Subparagraph 6(A7(A). Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises for use by Concessionaire. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaire. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession Premises. B. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day of During the Period of Operation each Term of this Agreement. If Operation, the chute/chimney extending from the hood through the structure to the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, and for obtaining fire inspector approval. C. The storage of Concessionaire-owned supplies, goods, or equipment is and boats shall only be permitted at the Concession Premises, as designated in Exhibit A. Outside of the Period of Operation, Concessionaire may store Concessionaire- owned supplies, goods, equipment and boats for an additional fee as set forth in Subparagraph 1(M). Storage of Concessionaire-owned supplies, goods, equipment and boats shall only be permitted at the Concession Premises, as designated by Department in Exhibit A. Concessionaire shall store all supplies, goods, equipment and boats in the area and manner approved in writing by Department. No heat shall be provided for Concession Storage. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this the Agreement. Concessionaire shall remove all suppliesclean up, goodscomplete the Performance Evaluation Meeting #2 with a Department-designated State Park Service staff representative, as set forth in Paragraph 19, and equipment related to the operation of vacate the Concession from the Area Premises within the designated ten seven (107) day “take-down” period set forth in Subparagraph 6(A7(A). On or before December 31st of the final Term of the Agreement or upon termination of the Agreement, whichever comes first, Concessionaire must remove all supplies, goods, equipment and boats from the Concession Premises. Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. C. For the Initial Term and subsequent Renewal Term(s), if any, additional compensation to Department for Concession Storage outside of the Period of Operation as identified in Subparagraph 1(L) shall be One Thousand Two Hundred ($1,200.00) Dollars and must be submitted by check made payable to “Treasurer – State of New Jersey” and sent to the address set forth in Subparagraph 5(B). The Concession Storage Fee for the Initial Term of the Agreement shall be pro-rated and shall be due in the Office of Leases and Concessions on or before September 1, 2021. The Concession Storage Fee for any Renewal Term shall be due in the Office of Leases and Concessions on or before January 1st. D. Concession shall, at its sole cost and expense, be responsible for routine maintenance and supplies of the public restroom located on the Concession Premises. E. Concession shall, at its sole cost and expense, be responsible for routine maintenance of the fence located on the Concession Premises including, but not limited to, routinely replacing the fence elements. F. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.

Equipment. A. Concessionaire shall be solely responsible for maintaining all State-owned equipment installed or located on the Concession Premises and Shipping Container Installation Area for use by ConcessionaireConcessionaire and Concession Patrons. Department shall not be responsible for the damage, loss, or maintenance of any equipment installed by Concessionaireequipment. Concessionaire shall obtain written approval from Department prior to installation of any of Concessionaire’s equipment on the Concession PremisesPremises and Shipping Container Installation Area. B. Concessionaire shall operate a Concessionaire-owned canoe and/or kayak to respond to all emergency situations involving rented paddleboards and related equipment while the Concession is open for business and while paddleboards and related equipment are in use on the Lake/Reservoir. Concessionaire may request Department-written approval to operate a small Concessionaire-owned emergency rescue vessel with an electric motor (“Vessel’) to respond to all emergency situations involving rented paddleboards and related equipment while the Concession is open for business and while paddleboards and related equipment are in use on the Lake/Reservoir. The exhaust hood covering the cooking area must be cleaned to a satisfactory level, inspected, and approved by the Area Superintendent prior to the first day operation of the Period of Operation each Term Vessel without Department-written pre- approval shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 10 and 11. If approved in writing, Concessionaire’s Vessel shall be manned, equipped and operated at all times in accordance with the chute/chimney extending from United States Coast Guard rules and regulations. Failure on the hood through part of Concessionaire to operate the structure Vessel in accordance with the terms and conditions of any Department-written approval shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the exterior of the building is determined by a fire inspector to need cleaning, Concessionaire will be solely responsible for obtaining the services of a recognized, professional exhaust hood-cleaning service to clean the hood, terms and for obtaining fire inspector approvalconditions set forth in Paragraphs 10 and 11. C. The No overnight storage of supplies, goods, or equipment is only permitted at the Concession Premises, as designated in Exhibit A. Concessionaire shall not be authorized to store any supplies, goods or equipment related to the operation of the Concession outside any Term of this Agreement. Concessionaire shall remove provided and all supplies, goods, and equipment related to the operation of the Concession shall be removed from the Area within the designated ten (10) day “take-down” period set forth on a daily basis unless otherwise approved in Subparagraph 6(A)writing by Department. Department shall not be responsible or liable for any loss or theft of supplies, goods or equipment. D. Department shall not be responsible for any damages or loss of goods or services resulting from equipment failure. Concessionaire shall obtain insurance coverage pursuant to Paragraph 34 35 for possible losses including, but not limited to, equipment failure, vandalism or weather event.