1. Concessionaire's interest under this Agreement being sold under execution or other legal process.
  2. Concessionaire's interest under this Agreement being modified or altered by any unauthorized assignment or subletting or by operation of law.
  3. Any of the goods or chattels of Concessionaire used in, or incident to, the operation of Concessionaire's business in the Premises being seized, sequestered, or impounded by virtue of, or under authority of, any legal proceeding.
  4. Concessionaire's failure to cooperate with any environmental laws, programs or audits promulgated by Authority or applicable regulatory agencies which may be revised from time to time, and if such failure shall continue for a period of 30 days after written notice from Authority to Concessionaire.

12.2 Remedies

In the event of any of the foregoing events of default, Authority, at its election, may exercise any one or more of the following options or remedies, the exercise of any of which shall not be deemed to preclude the exercise of any others herein listed or otherwise provided by statute or general law at the same time or in subsequent times or actions:

  • Terminate Concessionaire's rights under the Agreement and bar Concessionaire's entry on Airport premises and enter into a new concession agreement for such concession fees and under such terms and conditions as Authority may deem best under the circumstances for the purpose of reducing Concessionaire's liability. Authority shall not be deemed to have thereby acquiesced, and Concessionaire shall remain liable for all concession fees or other sums due under this Agreement and for all damages suffered by the Authority because of Concessionaire's breach of any of the covenants of the Agreement.
  • Declare this Agreement to be terminated, ended and null and void, whereupon all right, title and interest of Concessionaire shall end.

12.3 Additional Provisions

No action under this Article by Authority shall be construed as an election on its part to terminate this Agreement, unless a written notice of such intention be given to Concessionaire, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any concession fees or other monies due to Authority hereunder or of any damages accruing to Authority by reason of the violations of any of the terms, provision and covenants herein contained. Authority's acceptance of concession fees or other monies following any event of default hereunder shall not be construed as Authority's waiver of such event of default. No forbearance by Authority of action upon any violation or breach of any of the terms, provisions and covenants herein contained shall be deemed or construed to constitute a waiver of the terms, provisions and covenants herein contained. Forbearance by Authority to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of any other violation or default. Legal actions to recover for loss or damage that Authority may suffer by reason of termination of this Agreement or the deficiency from any reletting as provided for above shall include the expense of repossessions or reletting and any repairs or remodeling undertaken by Authority following repossession.

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