Common use of Further Provisions Regarding Default Clause in Contracts

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.2. and Article 13.B.3. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.2. or Article 13.B.3. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 13, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes.

Appears in 4 contracts

Samples: STC Quick Service Food and Beverage Concession Agreement, STC Food and Beverage, Concession Agreement

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Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.214.B.2. and Article 13.B.314.B.3. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.214.B.2. or Article 13.B.314.B.3. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 1314, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes.

Appears in 2 contracts

Samples: Concession Agreement, Package 3 Concession Agreement

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Annual Rent and Privilege Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the PremisesFacility, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.2. and Article 13.B.33. above, all costs and expenses of the Aviation Authority in connection with the reletting re-letting of the Premises Facility and collection of Concession Annual Rent and Privilege Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the relettingre-letting, including, provided however, Company shall not pay for the refixturing of the Premises Facility in connection with the relettingre-letting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company it has previously elected to proceed under Article 13.B.2. or Article 13.B.3. 3., above, the Aviation Authority may, at any time thereafter, elect to terminate this the Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 13, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes. In no event shall Company be entitled to any excess of any Annual Rent obtained by reletting over and above the rental herein reserved.

Appears in 1 contract

Samples: Commercial Agreement

Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.213.B.1. and Article 13.B.313.B.2. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.213.B.1. or Article 13.B.313.B.2. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 13, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes.

Appears in 1 contract

Samples: Automated Retail Concession Agreement

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Further Provisions Regarding Default. 1. In any event and irrespective of any option exercised, Company shall pay to the Aviation Authority upon demand all of the unpaid Concession Fees and other sums due from Company hereunder prior to the date that the Aviation Authority terminates the Agreement or Company's right to possession of the Premises, and all of the Aviation Authority's costs, charges and expenses, including reasonable Attorney's Fees, and fees of agents and others retained by the Aviation Authority, incurred in connection with the recovery of sums due under this Agreement, or because of the breach of any covenant or agreement of Company contained in this Agreement or for any other relief against Company, and including, with respect to the options set forth in Article 13.B.214.B.2. and Article 13.B.314.B.3. above, all costs and expenses of the Aviation Authority in connection with the reletting of the Premises and collection of Concession Fees due and owing from any new concessionaire, and the cost of all repairs or renovations reasonably necessary in connection with the reletting, including, provided however, Company shall not pay for the refixturing of the Premises in connection with the reletting, without limitation, brokerage and reasonable Attorneys' Fees. Even if Company has previously elected to proceed under Article 13.B.214.B.2. or Article 13.B.314.B.3. above, the Aviation Authority may, at any time thereafter, elect to terminate this Agreement; provided, however, that no action taken by the Aviation Authority pursuant to this Article 13 14 shall be deemed to terminate this Agreement unless written notice of termination is given by the Aviation Authority to Company. Company hereby waives any notices of default not specifically provided for in this Article 1314, above, including, without limitation, the three-day notice provided for in Section 83.20, Florida Statutes.

Appears in 1 contract

Samples: Concession Agreement

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