§102-10  Modification of contract terms. If during the term of the contract (including contracts which have beenexecuted and are presently in force) there has been a reduction of fifteen percent or more in the volume of business of the concessionaire for a period ofsixty days or more, computed on the average monthly gross income for theeighteen months just prior to the period or as long as the concessionaire hasbeen in the business, whichever period is shorter, and such reduction asdetermined by the officer letting the contract is caused by construction workconducted during the period of time on, or within or contiguous to, the publicproperty upon which the concession is located by either the state or countygovernments, or both, the officer, with the approval of the governor in thecase of a state officer and the chief executive of the respective county in thecase of a county officer, may modify any of the terms of the contract,including the agreed upon rent, for a period which will allow the concessionaireto recoup the amount lost by such reduction; provided that if the contractincludes provisions allowing modification for the above contingencies, thissection shall not be applicable thereto; provided further that this provisionshall not apply to any particular concession if the application thereto mayimpair any contractual obligations with bondholders of the State or counties orwith any other parties. [L 1963, c 93, §5; Supp, pt of §7B-8; HRS §102-10]