Common use of Schedule of Charges Clause in Contracts

Schedule of Charges. Concessionaire shall pay to the Board all charges described as "Concessionaire Charges" in the Airport's Schedule of Charges (unless specifically exempted from any such Concessionaire Charge in Article 1). The methods by which the Concessionaire Charges are to be calculated are stated in the Schedule of Charges. Concessionaire Charges shall be due within 20 days from the invoice date or electronic notice date without setoff or deduction. Each payment not received per the terms of the invoice or electronic notice date shall be late, and Late Payment Charges shall accrue as set forth in the Schedule of Charges. The Schedule of Charges, as it may be amended from time to time in the Board's sole discretion, constitutes a part of this Lease. Concessionaire shall pay Late Payment Charges, Declined Credit Card Charges and Returned Check Charges on all late payments, declined credit cards and returned checks. Late Payment Charges are calculated according to the formula set forth in the Airport's Schedule of Charges. Late Payment Charges, Declined Credit Card Charges, and Returned Check Charges shall be payable upon demand. In the event of a dispute as to the amount to be paid, the Board shall accept the sum tendered without prejudice and, if a deficiency is determined to exist, the Late Payment Charge shall apply only to the deficiency. Concessionaire acknowledges that the formula for Late Payment Charges is fair and reasonable. In no event, however, shall the Late Payment Charges, to the extent they are considered to be interest under applicable law, exceed the maximum lawful rate of interest. The Board and Concessionaire are knowledgeable and experienced in commercial transactions and agree that the provisions of this Lease for determining charges, amounts and additional rent payable by Concessionaire (including, without limitation, payments of charges under the Schedule of Charges, as amended from time to time) are commercially reasonable and valid even though such methods may not state a precise mathematical formula for determining such charges. The Board and Concessionaire further acknowledge that the Board is obligated by federal law to charge rates for all services and use of Airport property that are at least fully compensatory of the costs incurred by the Board. Concessionaire acknowledges that the Board is a governmental authority as well as a landlord, and that many charges in the Airport's Schedule of Charges are assessed to the public at large pursuant to the Board's governmental police powers, even if the charges are not specifically enumerated in the body of this Lease.

Appears in 5 contracts

Samples: dfwairport-tst-vip.dfwairport.com, dfwairport-tst-vip.dfwairport.com, dfwairport-tst-vip.dfwairport.com

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Schedule of Charges. Concessionaire shall pay to the Board all charges described as "Concessionaire Charges" in the Airport's Schedule of Charges (unless specifically exempted from any such Concessionaire Charge in Article 1). The methods by which the Concessionaire Charges are to be calculated are stated in the Schedule of Charges. Concessionaire Charges shall be due within 20 days from the invoice date or electronic notice date without setoff or deduction. Each payment not received per the terms of the invoice or electronic notice date shall be late, and Late Payment Charges shall accrue as set forth in the Schedule of Charges. The Schedule of Charges, as it may be amended from time to time in the Board's sole discretion, constitutes a part of this Lease. Concessionaire shall pay Late Payment Charges, Declined Credit Card Charges and Returned Check Charges on all late payments, declined credit cards and returned checks. Late Payment Charges are calculated according to the formula set forth in the Airport's Schedule of Charges. Late Payment Charges, Declined Credit Card Charges, and Returned Check Charges shall be payable upon demand. In the event of a dispute as to the amount to be paid, the Board shall accept the sum tendered without prejudice and, if a deficiency is determined to exist, the Late Payment Charge shall apply only to the deficiency. Concessionaire acknowledges that the formula for Late Payment Charges is fair and reasonable. In no event, however, shall the Late Payment Charges, to the extent they are considered to be interest under applicable law, exceed the maximum lawful rate of interest. The Board and Concessionaire are knowledgeable and experienced in commercial transactions and agree that the provisions of this Lease for determining charges, amounts and additional rent payable by Concessionaire (including, without limitation, payments of charges under the Schedule of Charges, as amended from time to time) are commercially reasonable and valid even though such methods may not state a precise mathematical formula for determining such charges. The Board and Concessionaire further acknowledge that the Board is obligated by federal law to charge rates for all services and use of Airport property that are is at least fully compensatory of the costs incurred by the Board. Concessionaire acknowledges that the Board is a governmental authority as well as a landlord, landlord and that many charges in the Airport's Schedule of Charges are assessed to the public at large pursuant to the Board's governmental police powers, even if the charges are not specifically enumerated in the body of this Lease.

Appears in 3 contracts

Samples: sites.dfwairport.com, sites.dfwairport.com, sites.dfwairport.com

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Schedule of Charges. Concessionaire shall pay to the Board all charges described as "Concessionaire Charges" in the Airport's Schedule of Charges (unless specifically exempted from any such Concessionaire Charge in Article 1). The methods by which the Concessionaire Charges are to be calculated are stated in the Schedule of Charges. Concessionaire Charges shall be due within 20 days from the invoice date or electronic notice date without setoff or deduction. Each payment not received per the terms of the invoice or electronic notice date shall be late, and Late Payment Charges shall accrue as set forth in the Schedule of Charges. The Schedule of Charges, as it may be amended from time to time in the Board's sole discretion, constitutes a part of this LeaseAgreement. Concessionaire shall pay Late Payment Charges, Declined Credit Card Charges and Returned Check Charges on all late payments, declined credit cards and returned checks. Late Payment Charges are calculated according to the formula set forth in the Airport's Schedule of Charges. Late Payment Charges, Declined Credit Card Charges, and Returned Check Charges shall be payable upon demand. In the event of a dispute as to the amount to be paid, the Board shall accept the sum tendered without prejudice and, if a deficiency is determined to exist, the Late Payment Charge shall apply only to the deficiency. Concessionaire acknowledges that the formula for Late Payment Charges is fair and reasonable. In no event, however, shall the Late Payment Charges, to the extent they are considered to be interest under applicable law, exceed the maximum lawful rate of interest. The Board and Concessionaire are knowledgeable and experienced in commercial transactions and agree that the provisions of this Lease Agreement for determining charges, amounts and additional rent payable by Concessionaire (including, without limitation, payments of charges under the Schedule of Charges, as amended from time to time) are commercially reasonable and valid even though such methods may not state a precise mathematical formula for determining such charges. The Board and Concessionaire further acknowledge that the Board is obligated by federal law to charge rates for all services and use of Airport property that are at least fully compensatory of the costs incurred by the Board. Concessionaire acknowledges that the Board is a governmental authority as well as a landlord, and that many charges in the Airport's Schedule of Charges are assessed to the public at large pursuant to the Board's governmental police powers, even if the charges are not specifically enumerated in the body of this LeaseAgreement.

Appears in 1 contract

Samples: Dallas Fort Worth International Airport Retail Vending Agreement

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