Alternative Ordering Systems Area Sample Clauses

Alternative Ordering Systems Area. We will by necessity define the trade area for the Restaurant for Alternative Ordering Systems (“Alternative Order Area”) and such trade area may be significantly different than the Territory and may change from time to time. You must use reasonable efforts not to solicit sales within the defined Alternative Ordering trade area of another Papa John’s restaurant. However, you acknowledge that such solicitations and sales may occur in your trade area, including advertising spillover, directories, electronic media, direct mail drops by sector or ZIP code and other advertising and that we have no duty to monitor, control or stop such advertising, solicitations or sales. In determining to which Papa John’s restaurant an online, digital or other Alternative Ordering System order will be routed, we will consider such matters as we reasonably deem material, including: existing trade or delivery areas of Papa John’s restaurants in geographic proximity to the address or customer placing the order; demographic characteristics of the location of such proximate Papa John’s restaurants; traffic patterns and similar factors affecting delivery efficiency; the opening or closing of other Papa John’s restaurants; and other commercial characteristics of geographically proximate Papa John’s restaurants (collectively, the “Commercial Considerations”). You acknowledge that such Commercial Considerations may result in changes that remove particular addresses or groups of addresses or particular customers or groups of customers from routing to your Restaurant and that online, digital or other systematized orders from such addresses, groups of addresses, customers, or groups of customers may be re-routed to other Papa John’s restaurants that are now, or that may in the future be, located near or adjacent to your Restaurant, and that such Papa John’s restaurants may be owned by us, our Affiliates or third parties. You acknowledge that if you relocate the Restaurant, the routing of online, digital or systematized orders to your Restaurant may, in our sole discretion, be reduced, changed, altered or restricted, even though we have approved the new location for the Restaurant. Subject to any factors that are unique to electronic ordering or to our specific Alternative Ordering System, we will consider the same factors in changing the Restaurant’s Alternative Order Area as set forth in Section 5.(e). Provided we use reasonable judgment in considering these factors, you waive all rights...