Common use of Refusal of Entry Clause in Contracts

Refusal of Entry. CAPL reserves the right to refuse the Licensee or User entry to the Loading Zone and/or to decommission the Licensee Reader Tag and/or move or remove the User’s motor vehicle if the User is found to have repeatedly breached these Loading Zone Rules, the Rules and Regulations or the Airport Notices. In such circumstances, the following will apply; (a) Where there is a breach of the Loading Zone Rules, or the Rules and Regulations or the Airport Notices, CAPL may issue a written notice to the Licensee setting out the details of the breach. (b) If a Licensee or User breaches the Loading Zone Rules and/or the Rules and Regulations, and/or the Airport Notices more than three times in a calendar year and CAPL has provided notice of those breaches to the Licensee under Paragraph 5(a) above, CAPL may in its absolute discretion decommission the Reader Tag of that Licensee. (c) The Licensee agrees to provide notification of the occurrence of the third breach in the calendar year to the relevant User and the User agrees that CAPL is not required to give notice to the User directly of that User’s breaches of the Loading Zone Rules or the Rules and Regulations or the Airport Notices. (d) Where CAPL issues a notice under Paragraph 5(a) above, CAPL may also require that the breach cease or be remedied within a specified time frame, being a period that CAPL considers, in all the circumstances, to be reasonable. The User acknowledges that, where the breach interferes with the normal traffic flow in the Loading Zone or the security and/or safety of the operations of the Airport or any vehicles or persons present in the Loading Zone, the time frame set by CAPL for the cessation or remedy of the breach may be immediate. (e) In the event that the breach continues or is not remedied within the time frame specified by CAPL under 5(d), CAPL will be entitled to: i move or remove the Licensee or User’s vehicle to a place on Airport such that it is no longer in breach of the Loading Zone Rules or the Rules and Regulations or the Airport Notices and the User agrees to: A. pay CAPL’s reasonable costs of having the Licensee or User’s vehicle moved or removed and any costs incurred by CAPL as a result of having the Licensee or User’s motor vehicle moved or removed; and B. Indemnify CAPL, its officers, employees and agents (including the Loading Zone Manager) against any personal injury, death, loss or damage caused or contributed to by the Licensee or User’s failure to cause the cessation or remedy of the notified breach; or