Common use of The Aviation Authority’s Right to Liquidated Damages Clause in Contracts

The Aviation Authority’s Right to Liquidated Damages. If Company or its sub-tenants fail to keep, observe, or perform any of the covenants or terms and conditions required herein, the Aviation Authority shall impose the financial Liquidated Damages as set forth below, as a result of such violation(s), accrued on a daily basis, in addition to any other Liquidated Damages permissible by law and/or pursuant to the provisions of this Agreement, until said violations are remedied: Violation Fee Violation of Permitted Use of a Location $250.00 per day/per location Failure to Maintain Required Hours of Operation $100.00 per hour/per location Failure to Submit Required Documents and Reports $100.00 per day/per location Unauthorized Advertising $100.00 per day/per location Failure to Maintain Clean Location(s) $100.00 per day/per location Failure to Maintain Reasonable Pricing $100.00 per day/per location Installation of unapproved Fixtures in Location(s) $ 50.00 per day/per location Violations of Other Non-Monetary Terms and Conditions $100.00 per day/per location The foregoing are due and payable from Company until said violations are remedied, and the Chief Executive Officer has issued a written notice to Company that they are in compliance. Company shall pay to the Aviation Authority said fines herein in full, in lawful money of the United States, at the office of the CFO, Greater Orlando Aviation Authority, 0000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000-0000, within five (5) days of receipt of such written notice of compliance, or at such other place as the Chief Executive Officer may designate in writing from time to time. The Aviation Authority shall be entitled to assess and collect any such Liquidated Damages from Company imposed under this Agreement. Any such liquidated damages due by Company shall not be considered Gross Receipts under this Agreement. If Company’s violation continues after the thirty (30) day prior written notification to Company from the Aviation Authority given in accordance with Article 13.A.4., the Chief Executive Officer, in his or her sole discretion, may terminate the Agreement. If Company continues to be in violation under this Article 14 for a period of five (5) days, and following the thirty (30) day prior notice provided above to Company, Company shall be required to substantiate to the Aviation Authority that it is taking all reasonable efforts to ensure compliance by Company of such violations, including, if necessary, termination of the Agreement. If Company cannot substantiate to the Aviation Authority that it took all reasonable efforts to ensure compliance within such thirty (30) day period, the Chief Executive Officer, in his or her sole discretion, may elect to terminate this Agreement, notwithstanding other provisions of default in this Agreement contained herein.

Appears in 2 contracts

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

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The Aviation Authority’s Right to Liquidated Damages. If Company or its sub-tenants fail to keep, observe, or perform any of the covenants or terms and conditions required herein, the Aviation Authority shall impose the financial Liquidated Damages as set forth below, as a result of such violation(s), accrued on a daily basis, in addition to any other Liquidated Damages permissible by law and/or pursuant to the provisions of this Agreement, until said violations are remedied: Violation Fee Violation of Permitted Use of a Location $250.00 per day/per location Failure to Maintain Required Hours of Operation $100.00 per hour/per location Failure to Submit Required Documents and Reports $100.00 per day/per location Unauthorized Advertising $100.00 per day/per location Failure to Maintain Clean Location(s) $100.00 per day/per location Failure to Maintain Reasonable Pricing $100.00 per day/per location Installation of unapproved Fixtures in Location(s) $ 50.00 per day/per location Violations of Other Non-Monetary Terms and Conditions $100.00 per day/per location The foregoing are due and payable from Company until said violations are remedied, and the Chief Executive Officer has issued a written notice to Company that they are in compliance. Company shall pay to the Aviation Authority said fines herein in full, in lawful money of the United States, at the office of the CFO, Greater Orlando Aviation Authority, 0000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000-0000, within five (5) days of receipt of such written notice of compliance, or at such other place as the Chief Executive Officer may designate in writing from time to time. The Aviation Authority shall be entitled to assess and collect any such Liquidated Damages from Company imposed under this Agreement. Any such liquidated damages due by Company shall not be considered Gross Receipts under this Agreement. If Company’s violation continues after the thirty (30) day prior written notification to Company from the Aviation Authority given in accordance with Article 13.A.414.A.4., the Chief Executive Officer, in his or her sole discretion, may terminate the Agreement. If Company continues to be in violation under this Article 14 15 for a period of five (5) days, and following the thirty (30) day prior notice provided above to Company, Company shall be required to substantiate to the Aviation Authority that it is taking all reasonable efforts to ensure compliance by Company of such violations, including, if necessary, termination of the Agreement. If Company cannot substantiate to the Aviation Authority that it took all reasonable efforts to ensure compliance within such thirty (30) day period, the Chief Executive Officer, in his or her sole discretion, may elect to terminate this Agreement, notwithstanding other provisions of default in this Agreement contained herein.

Appears in 1 contract

Samples: Concession Agreement

The Aviation Authority’s Right to Liquidated Damages. If Company or its sub-tenants fail to keep, observe, or perform any of the covenants or terms and conditions required herein, the Aviation Authority shall impose the financial Liquidated Damages as set forth below, as a result of such violation(s), accrued on a daily basis, in addition to any other Liquidated Damages permissible by law and/or pursuant to the provisions of this Agreement, until said violations are remedied: Violation Fee Violation of Permitted Use of a Location $250.00 per day/per location Failure to Maintain Required Hours of Operation $100.00 per hour/per location Failure to Submit Required Documents and Reports $100.00 per day/per location Unauthorized Advertising $100.00 per day/per location Failure to Maintain Clean Location(s) $100.00 per day/per location Failure to Maintain Reasonable Pricing $100.00 per day/per location Installation of unapproved Fixtures in Location(s) $ 50.00 per day/per location Violations of Other Non-Monetary Terms and Conditions $100.00 per day/per location The foregoing are due and payable from Company until said violations are remedied, and the Chief Executive Officer has issued a written notice to Company that they are in compliance. Company shall pay to the Aviation Authority said fines herein in full, in lawful money of the United States, at the office of the CFO, Greater Orlando Aviation Authority, 0000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000-0000, within five (5) days of receipt of such written notice of compliance, or at such other place as the Chief Executive Officer may designate in writing from time to time. The Aviation Authority shall be entitled to assess and collect any such Liquidated Damages from Company imposed under this Agreement. Any such liquidated damages due by Company shall not be considered Gross Receipts under this Agreement. If Company’s violation continues after the thirty (30) day prior written notification to Company from the Aviation Authority given in accordance with Article 13.A.414.A.4., the Chief Executive Officer, in his or her sole discretion, may terminate the Agreement. If Company continues to be in violation under this Article 14 15 for a period of five (5) days, and following the thirty (30) day prior notice provided above to Company, Company shall be required to substantiate to the Aviation Authority that it is taking all reasonable efforts to ensure compliance by Company of such violations, including, if necessary, termination of the Agreement. If Company cannot substantiate to the Aviation Authority that it took all reasonable efforts to ensure compliance within such thirty (30) day period, the Chief Executive Officer, in his or her sole discretion, may elect to terminate this Agreement, notwithstanding other provisions of default in this Agreement contained herein.thirty

Appears in 1 contract

Samples: Package 3 Concession Agreement

The Aviation Authority’s Right to Liquidated Damages. If Company or its sub-tenants fail to keep, observe, or perform any of the covenants or terms and conditions required herein, the Aviation Authority shall impose the financial Liquidated Damages as set forth below, as a result of such violation(s), accrued on a daily basis, in addition to any other Liquidated Damages permissible by law and/or pursuant to the provisions of this Agreement, until said violations are remedied: Violation Fee Violation of Permitted Use of a Location $250.00 per day/per location Failure to Maintain Required Hours of Operation $100.00 per hour/per location Failure to Submit Required Documents and Reports $100.00 per day/per location Unauthorized Advertising $100.00 per day/per location Failure to Maintain Clean Location(s) $100.00 per day/per location Failure to Maintain Reasonable Pricing $100.00 per day/per location Installation of unapproved Fixtures in Location(s) $ 50.00 $100.00 per day/per location Violations of Other Non-Monetary Terms and Conditions $100.00 per day/per location The foregoing are due and payable from Company until said violations are remedied, and the Chief Executive Officer has issued a written notice to Company that they are in compliance. Company shall pay to the Aviation Authority said fines herein in full, in lawful money of the United States, at the office of the CFO, Greater Orlando Aviation Authority, 0000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000-0000, within five (5) days of receipt of such written notice of compliance, or at such other place as the Chief Executive Officer may designate in writing from time to time. The Aviation Authority shall be entitled to assess and collect any such Liquidated Damages from Company imposed under this Agreement. Any such liquidated damages due by Company shall not be considered Gross Receipts under this Agreement. If Company’s violation continues after the thirty (30) day prior written notification to Company from the Aviation Authority given in accordance with Article 13.A.414.A.4., the Chief Executive Officer, in his or her sole discretion, may terminate the Agreement. If Company continues to be in violation under this Article 14 15 for a period of five (5) days, and following the thirty (30) day prior notice provided above to Company, Company shall be required to substantiate to the Aviation Authority that it is taking all reasonable efforts to ensure compliance by Company of such violations, including, if necessary, termination of the Agreement. If Company cannot substantiate to the Aviation Authority that it took all reasonable efforts to ensure compliance within such thirty (30) day period, the Chief Executive Officer, in his or her sole discretion, may elect to terminate this Agreement, notwithstanding other provisions of default in this Agreement contained herein.

Appears in 1 contract

Samples: Concession Agreement

The Aviation Authority’s Right to Liquidated Damages. If Company or its sub-tenants fail to keep, observe, or perform any of the covenants or terms and conditions required herein, the Aviation Authority shall impose the financial Liquidated Damages as set forth below, as a result of such violation(s), accrued on a daily basis, in addition to any other Liquidated Damages permissible by law and/or pursuant to the provisions of this Agreement, until said violations are remedied: Violation Fee Violation of Permitted Use of a Location $250.00 per day/per location Failure to Maintain Required Hours of Operation $100.00 $ 50.00 per hour/per location Failure to Submit Required Documents and Reports $100.00 per day/per location Unauthorized Advertising $100.00 per day/per location Failure to Maintain Clean Location(s) $100.00 per day/per location Failure to Maintain Reasonable Pricing $100.00 per day/per location Installation of unapproved Fixtures in Location(s) $ 50.00 per day/per location Violations of Other Non-Monetary Terms and Conditions $$ 100.00 per day/per location The foregoing are due and payable from Company until said violations are remedied, and the Chief Executive Officer Director has issued a written notice to Company that they are in compliance. Company shall pay to the Aviation Authority said fines herein in full, in lawful money of the United States, at the office of the CFODirector of Finance, Greater Orlando Aviation Authority, 0000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000-0000, within five (5) days of receipt of such written notice of compliance, or at such other place as the Chief Executive Officer Director may designate in writing from time to time. The Aviation Authority shall be entitled to assess and collect any such Liquidated Damages from Company imposed under this Agreement. Any such liquidated damages due by Company shall not be considered Gross Receipts under this Agreement. If Company’s violation continues after the thirty (30) day prior written notification to Company from the Aviation Authority given in accordance with Article 13.A.4., the Chief Executive OfficerDirector, in his or her sole discretion, may terminate the Agreement. If Company continues to be in violation under this Article 14 for a period of five (5) days, and following the thirty (30) day prior notice provided above to Company, Company shall be required to substantiate to the Aviation Authority that it is taking all reasonable efforts to ensure compliance by Company of such violations, including, if necessary, termination of the Agreement. If Company cannot substantiate to the Aviation Authority that it took all reasonable efforts to ensure compliance within such thirty (30) day period, the Chief Executive OfficerDirector, in his or her sole discretion, may elect to terminate this Agreement, notwithstanding other provisions of default in this Agreement contained herein.

Appears in 1 contract

Samples: Machine Concession Agreement

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The Aviation Authority’s Right to Liquidated Damages. If Company or its sub-tenants fail to keep, observe, or perform any of the covenants or terms and conditions required herein, the Aviation Authority shall impose the financial Liquidated Damages as set forth below, as a result of such violation(s), accrued on a daily basis, in addition to any other Liquidated Damages permissible by law and/or pursuant to the provisions of this Agreement, until said violations are remedied: Violation Fee Violation of Permitted Use of a Location $250.00 per day/per location Failure to Maintain Required Hours of Operation $100.00 per hour/per location Failure to Submit Required Documents and Reports $100.00 per day/per location Unauthorized Advertising $100.00 per day/per location Failure to Maintain Clean Location(s) $100.00 per day/per location Failure to Maintain Reasonable Pricing $100.00 per day/per location Installation of unapproved Fixtures in Location(s) $ 50.00 $100.00 per day/per location Violations of Other Non-Monetary Terms and Conditions $100.00 per day/per location The foregoing are due and payable from Company until said violations are remedied, and the Chief Executive Officer has issued a written notice to Company that they are in compliance. Company shall pay to the Aviation Authority said fines herein in full, in lawful money of the United States, at the office of the CFO, Greater Orlando Aviation Authority, 0000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000-0000, within five (5) days of receipt of such written notice of compliance, or at such other place as the Chief Executive Officer may designate in writing from time to time. The Aviation Authority shall be entitled to assess and collect any such Liquidated Damages from Company imposed under this Agreement. Any such liquidated damages due by Company shall not be considered Gross Receipts under this Agreement. If Company’s violation continues after the thirty (30) day prior written notification to Company from the Aviation Authority given in accordance with Article 13.A.4., the Chief Executive Officer, in his or her sole discretion, may terminate the Agreement. If Company continues to be in violation under this Article 14 for a period of five (5) days, and following the thirty (30) day prior notice provided above to Company, Company shall be required to substantiate to the Aviation Authority that it is taking all reasonable efforts to ensure compliance by Company of such violations, including, if necessary, termination of the Agreement. If Company cannot substantiate to the Aviation Authority that it took all reasonable efforts to ensure compliance within such thirty (30) day period, the Chief Executive Officer, in his or her sole discretion, may elect to terminate this Agreement, notwithstanding other provisions of default in this Agreement contained herein.

Appears in 1 contract

Samples: Concession Agreement

The Aviation Authority’s Right to Liquidated Damages. If Company or its sub-tenants fail to keep, observe, or perform any of the covenants or terms and conditions required herein, the Aviation Authority shall impose the financial Liquidated Damages as set forth below, as a result of such violation(s), accrued on a daily basis, in addition to any other Liquidated Damages permissible by law and/or pursuant to the provisions of this Agreement, until said violations are remedied: Violation Fee Violation of Permitted Use of a Location $250.00 per day/per location Failure to Maintain Required Hours of Operation $100.00 per hour/per location Failure to Submit Required Documents and Reports $100.00 per day/per location Unauthorized Advertising $100.00 per day/per location Failure to Maintain Clean Location(s) $100.00 per day/per location Failure to Maintain Reasonable Pricing $100.00 per day/per location Installation of unapproved Fixtures in Location(s) $ 50.00 $100.00 per day/per location Violations of Other Non-Monetary Terms and Conditions $100.00 per day/per location The foregoing are due and payable from Company until said violations are remedied, and the Chief Executive Officer has issued a written notice to Company that they are in compliance. Company shall pay to the Aviation Authority said fines herein in full, in lawful money of the United States, at the office of the CFO, Greater Orlando Aviation Authority, 0000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000-0000, within five (5) days of receipt of such written notice of compliance, or at such other place as the Chief Executive Officer may designate in writing from time to time. The Aviation Authority shall be entitled to assess and collect any such Liquidated Damages from Company imposed under this Agreement. Any such liquidated damages due by Company shall not be considered Gross Receipts under this Agreement. If Company’s violation continues after the thirty (30) day prior written notification to Company from the Aviation Authority given in accordance with Article 13.A.4., the Chief Executive Officer, in his or her sole discretion, may terminate the Agreement. If Company continues to be in violation under this Article 14 for a period of five (5) days, and following the thirty (30) day prior notice provided above to Company, Company shall be required to substantiate to the Aviation Authority that it is taking all reasonable efforts to ensure compliance by Company of such violations, including, if necessary, termination of the Agreement. If Company cannot substantiate to the Aviation Authority that it took all reasonable efforts to ensure compliance within such thirty (30) day period, the Chief Executive Officer, in his or her sole discretion, may elect to terminate this Agreement, notwithstanding other provisions of default in this Agreement contained herein.

Appears in 1 contract

Samples: Automated Retail Concession Agreement

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