Common use of Facility Improvements Clause in Contracts

Facility Improvements. Concessionaire shall plan, design, construct, and complete all concession facility improvements as described in Concessionaire’s Facility Improvement Plan, attached hereto as Exhibit J, without cost to State and in compliance with Contract Section 25, Construction and Completion of Improvements, with a minimum expenditure of two million dollars ($2,000,000) by the end of contract year five (5). Any penalties, lien charges, and/or costs to resolve construction related disputes shall not be included in the minimum expenditure amount. After completion of all concession facility improvements and acceptance by State, if there remains an unspent balance of the two million dollars ($2,000,000), Concessionaire shall pay this unspent balance to State as an additional rental payment within thirty (30) days from State’s acceptance of the concession facility improvements.