Terminal 91 Preferential Use Area definition
Examples of Terminal 91 Preferential Use Area in a sentence
All amounts associated with the Terminal 91 Preferential Use Area shall be consideration for rights less than possession and/or use of publicly owned real and personal property.
The Port reserves the right of secondary use of all or any part of the Terminal 91 Preferential Use Area for berthing of vessels operated by entities other than Tenant, for loading and discharging cargoes of such vessels, for transporting cargo, and for cargo storage and operations incidental thereto, provided that such secondary use of the Terminal 91 Preferential Use Area by the Port shall not interfere with Tenant’s operations as authorized in this Lease.
Except to extent the use of the Terminal 91 Preferential Use Area, Terminal 91 Parking Area or Terminal 91 Access Area is expressly granted to Tenant under, respectively, Sections 2.1.2, 2.1.3, and 2.1.4, the Port reserves to itself all right of use of the Terminal 91 Preferential Use Area, Terminal 91 Parking Area and Terminal 91 Access Area for any purposes whatsoever.
For the Tenant’s Rights In Percentage of Port Directed Cruise Fee Revenue Terminal 91 Lease Area, and Terminal 91 Parking Area Terminal 91 Preferential Use Area Pursuant to Section 4.3, the amounts associated with the Terminal 91 Lease Area and the Terminal 91 Parking Area are considered Contract Rent subject to Leasehold Excise Tax and the amounts associated with the Terminal 91 Preferential Use Area are not considered Contract Rent subject to Leasehold Excise Tax.
Except as expressly provided, Tenant shall have no other right to the Terminal 91 Preferential Use Area except as may be granted by the Port pursuant to the terms of Terminal Tariff No. 4, Terminal Tariff No. 5 or otherwise.
Notwithstanding the foregoing, Tenant shall not be permitted to use any portion of the Terminal 91 Preferential Use Area for purposes other than cruise Ship Activities without the prior written consent of the Port.
The legal description and precise area of the Terminal 91 Preferential Use Area are set forth on Exhibit B.
The Port grants to Tenant a right of preferential use on a non- continuous, ship-by-ship basis of the Terminal 91 Preferential Use Area for the Term; provided, however, such right of preferential use shall apply only: (i) for the Cruise Period, and (ii) to cruise vessels and associated Ship Activities.
During the non-Cruise Period, the parties acknowledge that the Terminal 91 Parking Area may constitute a portion of Terminal 91 that would otherwise fall within the Terminal 91 Preferential Use Area.
The legal description and precise area of the Terminal 91 Preferential Use Area are set forth on Exhibit C.