Common use of Operator’s Obligations Clause in Contracts

Operator’s Obligations. Operator hereby assumes full responsibility for the condition of the Operations Areas and character, acts and conduct of all persons admitted to the Operations Areas or the Airport by or with the actual or constructive consent of Operator or by or with the consent of any person acting for or on behalf of Operator. If the Operations Areas or the Airport, or any part thereof, are damaged in any way whatsoever by the act, default or negligence of Operator, or of Operator’s members, agents, employees, officers, representatives, guests, invitees, contractors, patrons, or any person admitted to the Operations Areas or the Airport by Operator or otherwise, Operator shall, at its sole cost and expense, restore the damaged property to the condition existing prior to such damage. If any properties, or any part thereof, are damaged in any way by an act of God, and such loss was required by this Agreement to be insured against by Operator, but was not so insured, then Operator shall, at its sole cost and expense, restore the damaged property to the condition existing prior to such damage. Operator shall commence such restoration within ten (10) days and shall diligently pursue such restoration to completion. Such repairs, replacements or rebuilding shall be made by Operator in accordance with the construction requirements contained herein and as established by the Authority. If Operator fails to restore the damaged property as required above, Authority shall have the right to perform the necessary restoration, and Operator hereby expressly agrees that it shall fully assume and be liable to Authority for payment of the costs thereof, plus twenty-five percent (25%) administrative overhead. Such restoration cost, plus the administrative cost, shall be due and payable within ten (10) days from date of written notice thereof.

Appears in 4 contracts

Samples: Valet Parking Concession Agreement, Services Concession Agreement, Valet Parking Concession Agreement

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