Overview The Concessionaire shall manage and operate the Admissions, Food and Beverage, and Retail Services concession for the Honolulu Zoo in compliance with this Contract and its Operating Plan as proposed in Appendix F. The Operating Plan shall not relieve any of the Concessionaire’s obligations in any other part of this Contract. If any of the Concessionaire’s obligations specified in the Operating Plan exceed the standards or expectations of any other part of this Contract, the Concessionaire shall be obligated thereto subject to the rights of the City. The Operating Plan shall not waive any of the City’s rights, including without limitation, City approvals or determinations that the Concessionaire may be subject to. 2. Exclusivity (a) Concessionaire Exclusivity Rights and Exceptions. The Concessionaire shall have the exclusive right to sell One-Day Admissions, food and beverage, and retail items for the Area, except as follows: (1) when the Officer-In-Charge (“OIC”) requests that the Concessionaire waive its exclusive rights and the Concessionaire agrees thereto; (2) for One-Day Admissions granted before the Official Commencement Date; (3) for One-Day Admissions, food and beverage, and retail items offered for sale by the Society as part of a fundraising, educational, or recruitment event; (4) for merchandise offered for sale by the Society in a package with the sale of a Society Membership. (5) for One-Day Admissions offered for sale during the last 180 days of this Contract; and (6) when the Concessionaire is in violation of this Contract and 180 days after it has remedied its last violation.
