Common use of Concession Clause in Contracts

Concession. A. Where an Employer is a partnership or a corporation and two or more partners or two or more corporate officers (stockholders), as defined and limited in Article Eighteen of this Agreement, work in any one of the Employer’s drug stores, said Employer hereby agrees that he will not during the term of this Agreement grant a concession in such drug store to any person, firm or corporation or permit any person, firm or corporation to operate a concession in such drug store without the written consent of the Union. The Union’s refusal to grant its consent shall be conclusive and shall not be subject to arbitration, anything in this Agreement to the contrary notwithstanding. The foregoing provision with respect to the requirement of the Union’s consent for the granting of a concession shall not apply in any case where a concession has heretofore been granted and is in existence at the time of the execution of this Agreement or any case where the Employer is an individual proprietor or if a partnership or corporation only one partner or one corporate officer (stockholder) as defined and limited in Article Eighteen works in the drug store of the Employer, it being understood that where less than two Employers work in any drug store a concession may be granted, without the consent of the Union, provided, however, that in no instance, shall the combined number of Employers and/or concessionaires working in any drug store exceed two. B. Should the Union consent to the Employer's grant of a conces­ sion, and in any situation where the grant of a concession by the Employer is not by Paragraph A hereof forbidden, it is specifically understood and agreed that no .more than one (1) concessionaire shall work in such concession. C. It is further agreed that the Employer shall and does hereby assume full responsibility for the performance of all of the terms and provisions of this Agreement by any concesionaire in his store. D. It is further understood and agreed that if the employees of the Employer have been covered for unemployment insurance benefits under the New York State Unemployment Insurance Law at or before the taking in of a partner or the granting of a concession by the Employer as the case may be, said employees, including the employees working in the concession, shall continue to be covered for unemploy­ ment insurance benefits under the New York State Unemployment In­ surance Law to the same extent as if no partner was taken in or conces­ sion granted; and the Employer further agrees to make the payments to the New York State Employment Insurance Fund necessary to continue such coverage for unemployment insurance benefits not only for the employees employed by him or the partnership, but also for the employees employed by the concessionaire in the event that the conces­ sionaire fails or refuses to make such payments. In the event that the Employer and/or the concessionaire shall fail to make the necessary unemployment insurance payments hereinbefore provided for and should an employee who would otherwise be entitled to unemployment insurance benefits lose such benefits by reason thereof, the Employer shall be obligated to make the employee whole for any losses so sustained.

Concession. A. Where an Employer is a partnership or a corporation and two or more partners or two or more corporate officers (stockholders), as defined and limited in Article Eighteen ARTICLE EIGH­ TEENTH of this Agreementagreement, work in any one of the EmployerEmploy­ er’s drug stores, said Employer hereby agrees that he will not during the term of this Agreement agreement grant a concession in such drug store to any person, firm or corporation or permit any person, firm or corporation to operate a concession in such drug store without the written consent of the Union. The Union’s refusal to grant its consent shall be conclusive and shall not be subject to arbitration, anything in this Agreement agreement to the contrary notwithstanding. The foregoing provision with respect to the requirement of the Union’s consent for the granting of a concession shall not apply in any case where a concession has heretofore been granted and is in existence at the time of the execution of this Agreement agreement or in any case where the Employer is an individual proprietor or if a partnership or corporation only one partner or one corporate officer (stockholder) as defined and limited in Article Eighteen ARTICLE EIGHTEEN works in the drug store of the Employer, it being understood that where less than two Employers work in any drug store a concession may be granted, without the consent of the Union, provided, howeverprovided how­ ever, that in no instance, shall the combined number of Employers Em­ ployers and/or concessionaires working in any drug store exceed two. B. Should the Union consent to the Employer's ’s grant of a conces­ sionconcession, and in any situation where the grant of a concession conces­ sion by the Employer is not by Paragraph PARAGRAPH A hereof forbiddenfor­ bidden, it is specifically understood and agreed that no .more more than one (1) concessionaire shall work in such concession. C. It is further agreed that the Employer shall and does hereby assume full responsibility for the performance of all of the terms and provisions of this Agreement agreement by any concesionaire con­ cessionaire in his store. D. It is further understood and agreed that if the employees em­ ployees of the Employer have been covered for unemployment unemploy­ ment insurance benefits under the New York State Unemployment Unem­ ployment Insurance Law at or before the taking in of a partner or the granting of a concession by the Employer Employer, as the case may be, said employees, including the employees working in the concession, shall continue to be covered for unemploy­ ment unemployment insurance benefits under the New York State Unemployment In­ surance Insurance Law to the same extent as if no partner was taken in or conces­ sion concession granted; and the Employer Em­ ployer further agrees to make the payments to the New York State Employment Unemployment Insurance Fund necessary to continue such coverage for unemployment insurance benefits not only for the employees employed by him or the partnership, partnership but also for the employees employed by the concessionaire in the event that the conces­ sionaire concessionaire fails or refuses to make such payments. In the event that the Employer and/or the concessionaire shall fail to make the necessary unemployment insurance payments hereinbefore provided for and should an employee who would otherwise be entitled to unemployment insurance benefits lose such benefits by reason thereof, the Employer shall be obligated to make the employee whole for any losses so sustained. enumerated categories to another without the written consent of the parties hereto, and no employee’s salary shall be re­ duced.

Concession. A. Where an Employer is a partnership or a corporation and two or more partners or two or more corporate officers (stockholdersstock­ holders), as defined and limited in Article Eighteen ARTICLE EIGHTEEN of this Agreementagreement, work in any one of the Employer’s drug stores, said Employer hereby agrees that he will not during the term of this Agreement agreement grant a concession in such drug store to any person, firm or corporation or permit any person, firm or corporation to operate a concession in such drug store without the written consent of the Union. The Union’s refusal to grant its consent shall be conclusive con­ clusive and shall not be subject to arbitration, anything in this Agreement agreement to the contrary notwithstanding. The foregoing provision with respect to the requirement of the Union’s consent for the granting of a concession shall not apply in any case where a concession has heretofore been granted and is in existence at the time of the execution of this Agreement agreement or in any case where the Employer is an individual proprietor or if a partnership partner­ ship or corporation only one partner or one corporate officer (stockholder) as defined and limited in Article Eighteen ARTICLE EIGHTEEN works in the drug store of the Employer, it being understood that where less than two Employers work in any drug store a concession may be granted, without the consent of the Union, provided, however, that in no instance, shall the combined number of Employers and/or concessionaires working in any drug store exceed two. B. Should the Union consent to the Employer's ’s grant of a conces­ sioncon­ cession, and in any situation where the grant of a concession by the Employer is not by Paragraph PARAGRAPH A hereof forbidden, it is specifically understood and agreed that no .more more than one (1one(l) concessionaire con­ cessionaire shall work in such concession. C. It is further agreed that the Employer shall and does hereby assume full responsibility for the performance of all of the terms and provisions of this Agreement agreement by any concesionaire concessionaire in his store. D. It is further understood and agreed that if the employees of the Employer have been covered for unemployment insurance benefits under the New York State Unemployment Insurance Law at or before the taking in of a partner or the granting of a concession conces­ sion by the Employer as the case may be, said employees, including the employees working in the concession, shall continue to be covered for unemploy­ ment unemployment insurance benefits under the New York State Unemployment In­ surance Insurance Law to the same extent as if no partner was taken in or conces­ sion concession granted; and the Employer further fur­ ther agrees to make the payments to the New York State Employment Un­ employment Insurance Fund necessary to continue such coverage for unemployment insurance benefits not only for the employees employed by him or the partnership, but also for the employees employed by the concessionaire in the event that the conces­ sionaire concessionaire fails or refuses to make such payments. In the event that the Employer and/or the concessionaire shall fail to make the necessary unemployment insurance payments hereinbefore provided for and should an employee who would otherwise be entitled to unemployment insurance benefits lose such benefits by reason thereof, the Employer shall be obligated to make the employee whole for any losses so sustained.

Concession. A. Where an Employer is a partnership or a corporation and two or more partners or two or more corporate officers (stockholdersstock­ holders), as defined and limited in Article Eighteen ARTICLE EIGHTEEN of this Agreementagreement, work in any one of the Employer’s drug stores, said Employer hereby agrees that he will not during the term of this Agreement agreement grant a concession in such drug store to any person, firm or corporation or permit any person, firm or corporation to operate a concession in such drug store without the written consent of the Union. The Union’s refusal to grant its consent shall be conclusive and shall not be subject to arbitration, anything in this Agreement agreement to the contrary notwithstanding. The foregoing provision with respect to the requirement of the Union’s consent for the granting of a concession shall not apply in any case where a concession has heretofore been granted and is in existence at the time of the execution of this Agreement agreement or in any case where the Employer is an individual proprietor or if a partnership partner­ ship or corporation only one partner or one corporate officer (stockholderstock­ holder) as defined and limited in Article Eighteen ARTICLE EIGHTEEN works in the drug store of the Employer, it being understood that where less than two Employers work in any drug store a concession may be granted, without the consent of the Union, provided, however, that in no instance, shall the combined number of Employers and/or concessionaires working in any drug store exceed two. B. Should the Union consent to the Employer's ’s grant of a conces­ sionconcession, and in any situation where the grant of a concession by the Employer is not by Paragraph PARAGRAPH A hereof forbidden, it is specifically understood and agreed that no .more more than one (1) concessionaire conces­ sionaire shall work in such concession. C. It is further agreed that the Employer shall and does hereby assume full responsibility for the performance of all of the terms and provisions of this Agreement agreement by any concesionaire concessionaire in his store. D. It is further understood and agreed that if the employees of the Employer have been covered for unemployment insurance benefits under the New York State Unemployment Insurance Law at or before the taking in of a partner or the granting of a concession by the Employer as the case may be, said employees, including the employees working in the concession, shall continue to be covered for unemploy­ ment unemployment insurance benefits under the New York State Unemployment In­ surance Insurance Law to the same extent as if no partner was taken in or conces­ sion concession granted; and the Employer further agrees to make the payments to the New York State Employment Unemployment Insurance Fund necessary to continue such coverage for unemployment unemploy­ ment insurance benefits not only for the employees employed by him or the partnership, partnership but also for the employees employed by the concessionaire in the event that the conces­ sionaire concessionaire fails or refuses to make such payments. In the event that the Employer and/or the concessionaire shall fail to make the necessary unemployment insurance payments hereinbefore provided for and should an employee who would otherwise be entitled to unemployment insurance benefits lose such benefits by reason thereof, the Employer shall be obligated to make the employee whole for any losses so sustained.

Concession. A. Where an Employer is a partnership or a corporation and two or more partners or two or more corporate officers (stockholders), as defined and limited in Article Eighteen of this Agreement, work in any one of the Employer’s drug stores, said Employer hereby agrees that he will not during the term of this Agreement grant a concession in such drug store to any person, firm or corporation or permit any person, firm or corporation to operate a concession in such drug store without the written consent of the Union. The Union’s refusal to grant its consent shall be conclusive and shall not be subject to arbitration, anything in this Agreement Concession has been validly granted to the contrary notwithstanding. The foregoing provision with respect to the requirement of the Union’s consent for the granting of a concession shall not apply in any case where a concession has heretofore been granted Seller, is held by it and is in existence at full force and effect, unamended. No person other than the time Seller has any right, title or interest in or to the Concession and there are no adverse or competing claims in respect thereof, except where such right, title or interest in, or adverse or competing claim would not materially impair the Seller’s ability to use or exploit the Concession as contemplated by the Development Plan. No Person (other than a Governmental Authority in accordance with Law 9) has any written or oral agreement, option, understanding or commitment or any right or privilege capable of becoming an agreement, for the purchase, transfer or reconveyance by the Seller of the Concession or any interest therein. The Concession, as currently in effect, has the duration specified in Law 9. Other than as set out in Law 9 there are no royalties payable by the Seller in respect of its use or exploitation of the Concession. The Seller has made all filings necessary in connection with, and paid when due and payable all fees, royalties and other amounts required to maintain the Concession in good standing, except where the failure to do so would not be reasonably expected to result in a revocation or termination of the Concession, an Expropriation or a Concession Termination Event. The Seller is in compliance with Law 9 and its obligations thereunder, including compliance with Environmental Laws and Permits applicable to the Concession as specified by Law 9, except where the failure to do so would not reasonably be expected to result in a revocation or termination of the Concession, an Expropriation or a Concession Termination Event. The Seller has not received notice from any Governmental Authority of any violation or non-compliance with, Law 9 or its obligations thereunder. None of the execution and delivery of this Agreement or any case where the Employer is an individual proprietor or if a partnership or corporation only one partner or one corporate officer (stockholder) as defined and limited in Article Eighteen works in the drug store of the Employer, it being understood that where less than two Employers work in any drug store a concession may be granted, without the consent of the Union, provided, however, that in no instance, shall the combined number of Employers and/or concessionaires working in any drug store exceed two. B. Should the Union consent to the Employer's grant of a conces­ sion, and in any situation where the grant of a concession other Transaction Documents by the Employer is not by Paragraph A hereof forbiddenSeller, it is specifically understood and agreed that no .more than one (1) concessionaire shall work in such concession. C. It is further agreed that the Employer shall and does hereby assume full responsibility for the performance of all its obligations hereunder or thereunder and completion of the terms and provisions transactions contemplated hereunder or thereunder will conflict with or contravene the Concession or Law 9. For the purposes of this Agreement representation and warranty, all references to the “Concession” shall also include any other concession or rights to the area covered by any concesionaire the Concession to the extent such other concession or rights extends the term of, renews, replaces, converts or is in his store. D. It is further understood and agreed that if the employees substitution of the Employer have been covered for unemployment insurance benefits under the New York State Unemployment Insurance Law at or before the taking in of a partner or the granting of a concession by the Employer as the case may be, said employees, including the employees working in the concession, shall continue to be covered for unemploy­ ment insurance benefits under the New York State Unemployment In­ surance Law to the same extent as if no partner was taken in or conces­ sion granted; and the Employer further agrees to make the payments to the New York State Employment Insurance Fund necessary to continue such coverage for unemployment insurance benefits not only for the employees employed by him or the partnership, but also for the employees employed by the concessionaire in the event that the conces­ sionaire fails or refuses to make such payments. In the event that the Employer and/or the concessionaire shall fail to make the necessary unemployment insurance payments hereinbefore provided for and should an employee who would otherwise be entitled to unemployment insurance benefits lose such benefits by reason thereof, the Employer shall be obligated to make the employee whole for any losses so sustainedConcession.