In the 1990s, San Francisco International Airport (Airport) constructed a new international terminal. In connection with that project, it sought bids for the concession to sell duty-free and other retail merchandise at the new terminal. Details were included in a proposed master agreement, which described the "permitted use" as the display and retail sale of merchandise. Merchandise other than duty-free items would be sold on a nonexclusive basis, but the winning bidder's right to sell duty-free merchandise at the Airport would be exclusive.
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