Common use of Use of Public Areas Clause in Contracts

Use of Public Areas. (a) Concessionaire shall have as appurtenant to the Premises the right to the non-exclusive use in common with others all Public Areas in the Terminal as designated by the Director from time to time, and such reasonable access, during Concessionaire’s normal operating hours, to the Premises. Such appurtenant rights shall be subject to such reasonable rules, regulations, fees and security directives from time to time established by the City by suitable notice. The City shall have the right, but not the obligation, from time to time, to modify the Public Areas, remove portions of the Public Areas from common use, to permit entertainment events, advertising displays, educational displays and other displays in the Public Areas that in the City’s judgment tend to attract the public, and to allow the City to lease retail merchandising units (“RMUs”) or temporary pushcarts or carts. If the City determines in its discretion to place RMUs in the Public Areas near the Premises, such placement shall not be within 15 feet of Concessionaire’s storefront entrance and shall not materially interfere with ingress or egress to the Premises by the public. Concessionaire shall not be entitled to any credit for income earned by the City with respect to the Public Areas. (b) Concessionaire and its employees shall not park their cars or any other vehicles in the parking facilities except in the areas specifically designated by the Director for employee parking. There is no free parking at the Airport for Concessionaire or any of Concessionaire’s employees, contractors or customers. Concessionaire and its agents, employees, contractors or subcontractors shall comply with the City’s rules and regulations with respect to parking as the same may be amended or modified from time to time and will be subject to any enforcement action (including towing) pursued by the City’s airport police without any notice thereof. The City may at any time close any Public Areas to make repairs or changes, to prevent the acquisition of public rights in such area, to use areas for attendant or valet parking, and may do such other acts in and to the Public Areas as in its judgment may be desirable.

Use of Public Areas. ‌ (a) Concessionaire shall have as appurtenant to the Premises the right to the non-exclusive use in common with others all Public Areas in the Terminal as designated by the Director from time to time, and such reasonable access, during Concessionaire’s normal operating hours, to the Premises. Such appurtenant rights shall be subject to such reasonable rules, regulations, fees and security directives from time to time established by the City by suitable notice. The City shall have the right, but not the obligation, from time to time, to modify the Public Areas, remove portions of the Public Areas from common use, to permit entertainment events, advertising displays, educational displays and other displays in the Public Areas that in the City’s judgment tend to attract the public, and to allow the City to lease retail merchandising units (“RMUs”) or temporary pushcarts or carts. If the City determines in its discretion to place RMUs in the Public Areas near the Premises, such placement shall not be within 15 feet of Concessionaire’s storefront entrance and shall not materially interfere with ingress or egress to the Premises by the public. Concessionaire shall not be entitled to any credit for income earned by the City with respect to the Public Areas. (b) Concessionaire and its employees shall not park their cars or any other vehicles in the parking facilities except in the areas specifically designated by the Director for employee parking. There is no free parking at the Airport for Concessionaire or any of Concessionaire’s employees, contractors or customers. Concessionaire and its agents, employees, contractors or subcontractors shall comply with the City’s rules and regulations with respect to parking as the same may be amended or modified from time to time and will be subject to any enforcement action (including towing) pursued by the City’s airport police without any notice thereof. The City may at any time close any Public Areas to make repairs or changes, to prevent the acquisition of public rights in such area, to use areas for attendant or valet parking, and may do such other acts in and to the Public Areas as in its judgment may be desirable.