Common use of Access to Restaurants and Employees Clause in Contracts

Access to Restaurants and Employees. Neither party (nor its respective consultants, attorneys, lenders or advisers) may inspect any Restaurant belonging to the other party or contact any Pizza Hut employees working in such Restaurant or market until (i) Employee Announcements have been made by the respective party to the employees of the Restaurants, and (ii) the Access and Confidentiality Agreement in the form attached hereto as Exhibit “E” has been executed by both parties (and if applicable in the sole discretion of both parties, both parties consultants, attorneys, lenders or other advisors). Once these conditions have been met, if either party chooses to inspect the Restaurants operated by the other party (under the conditions set forth herein and in the Access and Confidentiality Agreement), each party must schedule such inspections with the other party and PHI, must be accompanied by an agent or employee of the other party and PHI and both parties must conduct the inspections in a manner that minimizes disruption to the Restaurant’s operations. Any such inspections are for informational purposes only; the Restaurants are being sold “AS IS, WHERE IS”, except as otherwise provided in the representations and warranties in this Agreement and with respect to Critical Deficiencies. Each party’s (and its consultant’s, attorney’s, lender’s or other advisor’s) right to perform environmental audits on the respective Owned Real Property is subject to the party’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed) and the conditions set for the in Sections 1.7 and 2.7, as well as the execution and delivery of the Access and Confidentiality Agreement, described above, and the terms and conditions contained therein. Neither party has the right to perform environmental audits of the respective Leased Real Property. Both parties acknowledge and agree that a violation of this Section 7.2 shall constitute a default under this Agreement and the other party shall have, in addition to any other rights or remedies hereunder, at law or in equity, the right to terminate this Agreement.

Access to Restaurants and Employees. Neither party The Buyer (nor and/or its respective consultants, attorneys, lenders or advisersadvisors) may not inspect any Restaurant belonging to the other party or contact any Pizza Hut employees working in such Restaurant or market until (i) Seller has made Employee Announcements have been made by the respective party to the employees of the Restaurants, and (ii) the Buyer (and when applicable in Seller and PHI’s sole discretion, the Buyer’s consultants, attorneys, lenders or other advisors) has executed the Access and Confidentiality Agreement in the form attached hereto as Exhibit “E” has been executed by both parties (and if applicable in the sole discretion of both parties, both parties consultants, attorneys, lenders or other advisors)H”. Once these conditions have been met, if either party the Buyer chooses to inspect the Restaurants operated by the other party (under the conditions set forth herein and in the Access and Confidentiality Agreement), each party the Buyer must schedule such inspections with the other party and PHI, the Buyer must be accompanied by an agent or employee of the other party and PHI and both parties the Buyer must conduct the inspections in a manner that minimizes disruption to the Restaurant’s operations. Any such inspections are for informational purposes the Buyer’s information only; the Restaurants are being sold “AS IS, WHERE IS”, except as otherwise provided in the representations and warranties in this Agreement and with respect to Critical Deficiencies. Each partyBuyer’s (and and/or its consultant’s, attorney’s, lender’s or other advisor’s) right to perform environmental audits on the respective Owned Real Property is subject to the partyPHI’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed) and the conditions set for the forth in Sections 1.7 and 2.7Section 1.9, as well as the execution and delivery of the Access and Confidentiality Agreement, described above, and the terms and conditions contained therein. Neither party has Buyer does not have the right to perform environmental audits of the respective Leased Real Property. Both parties acknowledge Buyer acknowledges and agree agrees that a violation of this Section 7.2 4.2 shall constitute a default under this Agreement by Bxxxx and the other party Seller shall have, in addition to any other rights or remedies hereunder, at law or in equity, the right to terminate this Agreement.

Access to Restaurants and Employees. Neither party The Buyer (nor and/or its respective consultants, attorneys, lenders or advisers) may not inspect any Restaurant belonging to the other party or contact any Pizza Hut employees working in such Restaurant or market until (i) Seller has made Employee Announcements have been made by the respective party to the employees of the Restaurants, and (ii) the Buyer (and when applicable in Seller and PHI’s sole discretion, the Buyer’s consultants, attorneys, lenders or other advisors) has executed the Access and Confidentiality Agreement in the form attached hereto as Exhibit “E” has been executed by both parties (and if applicable in the sole discretion of both parties, both parties consultants, attorneys, lenders or other advisors)K”. Once these conditions have been met, if either party the Buyer chooses to inspect the Restaurants operated by the other party (under the conditions set forth herein and in the Access and Confidentiality Agreement), each party the Buyer must schedule such inspections with the other party and PHI, the Buyer must be accompanied by an agent or employee of the other party and PHI and both parties the Buyer must conduct the inspections in a manner that minimizes disruption to the Restaurant’s operations. Any such inspections are for informational purposes the Buyer’s information only; the Restaurants are being sold “AS IS, WHERE IS”, except as otherwise provided in the representations and warranties in this Agreement and with respect to Critical Deficiencies. Each party.” The Buyer’s (and its consultant’s, attorney’s, lender’s or other advisor’s) right to perform environmental audits on the respective Owned Real Property is subject to the partySeller’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed) and the conditions set for the forth in Sections 1.7 and 2.7Section 1.9, as well as the execution and delivery of the Access and Confidentiality Agreement, also described in Section 1.9 above, and the terms and conditions contained therein. Neither party has Buyer does not have the right to perform environmental audits of the respective Leased Real Property. Both parties acknowledge Buyer acknowledges and agree agrees that a violation of this Section 7.2 4.2 shall constitute a default under this Agreement by Buyer and the other party Seller shall have, in addition to any other rights or remedies hereunder, at law or in equity, the right to terminate this AgreementAgreement and retain the Exclusivity Fee as provided in Section 1.6.