Affidavit of Publication - Port of Oakland
Affidavit of Publication - Port of Oakland
Affidavit of Publication - Port of Oakland
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on or before the tenth day <strong>of</strong> each and every calendar month <strong>of</strong><br />
said g dreement period, to the first party at its <strong>of</strong>fice in the<br />
City <strong>of</strong>• <strong>Oakland</strong>. In this conhection, it is strictly understood<br />
and agreed it et/the said percentage payments shall be pand.<br />
to and acce p ted by the said first p arty merely as a concession or<br />
rental bayment for the rights ana privileges Eranted herein and<br />
shall in no event be understood or construed as conferring upon the<br />
first p arty any•• interest as a coidartner, principal, or otherwise,<br />
• in the business or other operatiOns <strong>of</strong> the second party, said<br />
second party at all times being and remaining hereunder an inaependent<br />
operator.<br />
(4) Such restaurant, including the c<strong>of</strong>fee shop and dining<br />
room there<strong>of</strong>, and the booth hereafter mentioned, shall he operated<br />
by the second party, excIusiely under its direct management,<br />
under the -name <strong>of</strong> "<strong>Oakland</strong> .hirert Restaursnt" and shall be kept<br />
open for public use each day, S.sLmaa and holidays included, during<br />
such hours Iron early morliuH to late at night as there may<br />
be a reasonable need therefor. The second party shall in J400d.<br />
faith and all reasonable diligence and consistency use its<br />
• best endeavors and all practical, means, including suitable advertising,<br />
to secure business for and cromote the use <strong>of</strong> the airport<br />
reaL,aurant and its facilities by the public.<br />
(5) mdl prices charged by the second party shall be reasonable<br />
and in accordance vvith the standard practice adop ted for<br />
corres p onding services in the uit-y <strong>of</strong> <strong>Oakland</strong>, provided that upon<br />
re mat the second party shall submit to the first party its<br />
• • ••••.s and sr_Theduler3<strong>of</strong> prices arafh charges and ,shall not thereafter<br />
us any char which the first p.rty shall determine by resolut2on<br />
<strong>of</strong> the said Board <strong>of</strong> <strong>Port</strong> Cc• hissioners to be excessive or<br />
mureasonsble.<br />
( e ) In addition to tne sertvin <strong>of</strong> meals, the second party<br />
shall have the exclusive ri g:,ht <strong>of</strong> handling, selling and disbursing<br />
at said airport in said restaurant buildin g and in such<br />
booth or other place locaa as may be desinated by the first<br />
paL ty- from time to time, confectionery, pastry, beverages, tobacco<br />
products, peanuts, chewing gum and popcorn, nuts, fruits, soda<br />
fountain products and articles <strong>of</strong> p repared food or drink.<br />
14 .go ; the secohd party• shell hav the ri g ht to hell in the said<br />
restaurant building and booth sohrii tnir s, curios, post cards and gg<br />
other novelties, includin g kodakS and films, csmn to aviation,<br />
the air p ort or said restaurant buildia, Sairl second<br />
party shall at all times keep onlhand such <strong>of</strong> said articles as<br />
may be required to reasonably se-rve the needs <strong>of</strong> the public.<br />
7) Notwithstanding that the second p arty is permitted by<br />
thia agreement to sell certain articles <strong>of</strong> merchandise as specified<br />
herein, the second party neheby agrees to immediately withdraw<br />
from sale on said aircort and not to sell thereon say article<br />
or articles <strong>of</strong> merchandise which may, at any time in the<br />
discretion <strong>of</strong> said. hoard, prove Objectionable to the first barty,<br />
on receipt <strong>of</strong> a written communication or communications from<br />
its oroper <strong>of</strong>ficer specifying any such objectionable article<br />
articles.<br />
(3)<br />
Except as herein provided, the second party shall not