Common use of Extensive Damage Clause in Contracts

Extensive Damage. 13.3.1. If the damage shall be so extensive as to render the Concession Facility unusable, but capable of being repaired in 30 days, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense, and, notwithstanding Section 16.26., the fees payable herein as to such Facility shall be paid to the time of such damage and thereafter cease until such time as the Facility is fully repaired or restored; provided, however, that if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any such period where the Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the Minimum Guarantee Fee with respect to the Facility shall be payable.

Appears in 4 contracts

Sources: Food and Beverage Concession Agreement, Food and Beverage Concession Agreement, Concession Agreement

Extensive Damage. 13.3.1. 14.3.1 If the damage shall be so extensive as to render the Concession Facility unusable, but capable of being repaired in 30 thirty (30) days, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense, and, notwithstanding Section 16.26.17.26, the fees payable herein as to such Facility shall be paid to the time of such damage and thereafter cease until such time as the Facility is fully repaired or restored; provided, however, that if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any such period where the Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the Minimum Guarantee Fee with respect to the Facility shall be payable.

Appears in 4 contracts

Sources: Food and Beverage Concession Agreement, Retail Concession Agreement, Retail Concession Agreement

Extensive Damage. 13.3.1. 13.3.1 If the damage shall be so extensive as to render the Concession Facility unusable, but capable of being repaired in 30 days, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense, and, notwithstanding Section 16.26., the fees payable herein as to such Facility shall be paid to the time of such damage and thereafter cease until such time as the Facility is fully repaired or restored; provided, however, that if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any such period where the Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the Minimum Annual Guarantee Fee with respect to the Facility shall be payable.

Appears in 1 contract

Sources: Real Estate Development Agreement

Extensive Damage. 13.3.1. If the damage shall be so extensive as to render the Concession Facility unusable, but capable of being repaired in 30 days, and the Director elects to repair the Facility, the City shall proceed with due diligence to do so at its own cost and expense, and, notwithstanding Section 16.2616.25., the fees payable herein as to such Facility shall be paid to the time of such damage and thereafter cease until such time as the Facility is fully repaired or restored; provided, however, that if the damage is caused by an act or omission of the Concessionaire, its agents, employees, suppliers, Subcontractors or contractors, the Concessionaire shall be responsible for the cost of repairing said Facility and shall pay the costs therefor. During any such period where the Concessionaire repairs said Facility at its own cost under the terms of the immediately preceding sentence, the Minimum Guarantee Fee with respect to the Facility shall be payable.

Appears in 1 contract

Sources: Foreign Currency Exchange and Passenger Amenities Concession Agreement