APPOINTMENT AND FRANCHISE FEE Sample Clauses

APPOINTMENT AND FRANCHISE FEE. A. We grant to you, upon the terms and conditions of this Agreement, the personal right and franchise to conduct the Franchised Business in accordance with the System, as it may be changed, improved and further developed from time to time, including the use of the Marks. You undertake the obligation to operate such Franchised Business strictly in accordance with the System as it may be changed, improved and further developed from time to time solely by us, at one location only, such location to be: 1. ("Premises"); or 2. designated, as provided in Section 3 within the following area: _________________________________________________________________________. Provided, however, that when a location has been designated and approved by the parties, the location shall be deemed to have been designated in Section 1.A.1., as if originally set forth above. You may not delegate, subfranchise or sublicense any of your rights under this Agreement. You may not use the Premises for any purpose other than the operation of the Franchised Business. B. So long as this Agreement is in force and effect and you are not in default under any of the terms of this Agreement, we will not locate or license anyone else to locate a CHANGE OF MIND LEARNING SYSTEMS Franchised Business within the following area: _____________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ("Protected Area"). The determination of the Protected Area has been made and agreed upon between us and you. The Protected Area is described in writing on Exhibit A. We reserve the right, in our sole discretion, to establish and/or franchise other CHANGE OF MIND LEARNING SYSTEMS businesses outside of the Protected Area as we, in our sole and exclusive discretion, deem appropriate. Franchisees' and other CHANGE OF MIND locations outside of your Protected Area may solicit customers located in your Protected Area. 1. Although we shall not operate a CHANGE OF MIND LEARNING SYSTEMS business located inside the Protected Area, we reserve the right, both within and outside of the Protected Area, to offer and sell at wholesale, retail or through any other distribution system, products and services which comprise, or may in the future comprise a part of the System, which products may be resold at retail or through any other distribution channel to the general public by such e...
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APPOINTMENT AND FRANCHISE FEE. A. TA hereby grants to Franchisee, upon and subject to the terms and conditions herein contained, the right, license and privilege to use the Marks and Franchisee hereby undertakes the obligation to operate a TA Franchise consisting of fuel operations, restaurant, retail store, truck repair and service, truck scale and such other business as approved by TA pursuant to Section I(D) of this Franchise Agreement, and to use and operate solely in connection therewith and in accordance with the System, as it may be modified, replaced or further developed from time to time by TA, at one location only, such location to be: described on Exhibit C hereof and hereinafter defined as "Franchise Site." The business described above, together with the truckstop facility and the Franchise Site, is in the aggregate sometimes referred to herein as "Franchised Facility". B. TA will not, so long as this Franchise Agreement is in force and effect and Franchisee is not in default under any of its terms, grant another TA Franchise or itself operate a TA branded truckstop facility within the following area: (hereinafter "Territory"). C. Franchisee shall pay to TA the sum of ONE HUNDRED THOUSAND dollars ($100,000.00) due and payable as follows: Forty-Five Thousand Dollars ($45,000.00) upon execution of this Franchise Agreement, and the balance (less credit for the application fee paid to TA by Franchisee) upon the earlier of commencement of any training of Franchisee or any employee, or six (6) months from the date of this Franchise Agreement. Upon the earlier of payment or the due date for payment, such sums shall be deemed fully earned and non-refundable in whole or in part, notwithstanding any termination of this Franchise Agreement even prior to the commencement of the initial term, whereupon such sums shall be kept by TA as consideration for expenses incurred by TA in furnishing assistance and services to Franchisee and for TA's lost or deferred opportunity to franchise others for which, although the exact amount of damages sustained by TA could not be ascertained, Franchisee acknowledges the sums are reasonable. D. Franchisee may request approval to operate motel/lodging facilities, fast food and deli operations or other business facilities on the Franchise Site. If TA approves such request in writing, Franchisee agrees to operate such businesses in accordance with TA's standards and specifications and such businesses shall be included in the definition of "Franchised Facilit...
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APPOINTMENT AND FRANCHISE FEE. A. Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right, license and privilege to use the Marks, and Franchisee undertakes the obligation to operate a EASYRIDERS retail business for the sale and distribution of a wide assortment of motorcycle paraphernalia and hard goods, some of which will bear the Marks, and related merchandise and products ("Franchised Business") and to use safely in connection therewith the System, as it may be changed, improved and further developed from time to time, at one location only, such location to be:
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APPOINTMENT AND FRANCHISE FEE. A. Subject to the provisions stated below, we hereby grant you a license to use the "Buffalo Wild Wings" Marks and System, and you undertake the obligation to operate a Buffalo Wild Wings restaurant facility featuring the Menu Items and providing sit-down, carry-out and other restaurant services ("Franchised
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APPOINTMENT AND FRANCHISE FEE. A. Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right, franchise and privilege to conduct the Franchised Business in accordance with the System, as it may be changed, improved and further developed from time to time, including the use of the trade name "PICK-UPS PLUS", the trademark "PICK-UPS PLUS YOUR TRUCK STORE" and the other Marks, and Franchisee undertakes the obligation to operate such Franchised Business strictly in accordance with the System as it may be changed, improved and further developed from time to time, at one (1) location only, such location to be:
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APPOINTMENT AND FRANCHISE FEE. 2.1 Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right, franchise and privilege to operate a Franchised Business at, and only at, the following location: ("Franchised Premises"), and ------------------------------------------ Franchisee undertakes to operate the Franchised Business at, and only at, the Franchised Premises. 2.2 In connection with Franchisor's grant of the Franchised Business to Franchisee, Franchisor will license Franchisee to use the Unocal Marks during term of this Agreement solely in connection with the Franchised Business. 2.3 Franchisor does not grant Franchisee any territorial exclusivity outside the Franchised Premises. 2.4 Upon execution of this Agreement, Franchisee shall pay to Franchisor a non-refundable initial franchise fee of SEVENTY-FIVE THOUSAND Dollars ($75,000.00) ("Initial Franchise Fee"). Franchisee acknowledges that the Initial Franchise Fee is fully earned and non-refundable upon execution of this Agreement as consideration for expenses incurred by Franchisor in furnishing assistance and services to Franchisee and for Franchisor's lost or deferred opportunity to franchise others. (STRIKE THIS PARAGRAPH IF NOT PAYING AN INITIAL FRANCHISE FEE.)
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APPOINTMENT AND FRANCHISE FEE. A. FRANCHISOR hereby grants unto FRANCHISEE the right to use the registered mark, "Ryan's Family Steak House", and all traxxxxrks, xxxxs, tradenames or service marks adopted presently or subsequently, by FRANCHISOR; and the right, franchise and privilege to use FRANCHISOR's techniques in the operation of Ryan's Family Steak House Restaurants (the "Restaurant" or "Restaurants"), under the specific conditions hereinafter set forth, in the State of Florida, subject to location approval in accordance with paragraph II.A, hereof. FRANCHISEE shall have the right to use such marks in connection with the operation of FRANCHISEE's business, including, without limitation, the use of the registered mark as a fictitious name under which FRANCHISEE xxxnsacts business at the Restaurants, and the use of such marks, logos or insignia on the signs, stationery, business cards and advertising in connection with the Restaurants, and in, on, or in connection with the Offering Memorandum, Registration Statements, Prospectuses or other documents prepared or used by FRANCHISEE to offer, sell or register with governmental agencies securities issued by FRANCHISEE. B. The rights provided under this Franchise Agreement to FRANCHISEE will be exclusive with respect to the State of Florida, except that FRANCHISOR reserves the right to maintain and continue operating two (2) Restaurants within the State of Florida, one (1) which the FRANCHISOR is currently operating in Panama City, Florida and one (1) which FRANCHISOR intends to construct on a site owned by FRANCHISOR in Pensacola, Florida, and the right to construct and operate additional restaurants within Escambia County, Florida ("FRANCHISOR's Existing Florida Restaurants"). C. Provided that FRANCHISEE shall be in compliance with the requirements of paragraph I.H below, FRANCHISOR shall not enfranchise any other Ryan's Family Steak Houses within the State of Florida. FRANCHISEE will not, directly or indirectly, construct, own or operate any Ryan's Family Steak House within five (5) miles, measured from the center of the building, of a site of FRANCHISOR's Existing Florida Restaurants. D. FRANCHISOR reserves the right, notwithstanding any rights granted elsewhere herein, to promote and conduct special sales through mobile units or temporary locations at special events such as fairs, conventions, athletic contests, etc., in the territory granted to FRANCHISEE hereunder; provided, however, that FRANCHISOR offers the opportunity to condu...
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APPOINTMENT AND FRANCHISE FEE. A. Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained, the right, license and privilege to use the Marks, and Franchisee undertakes the obligation to operate a SUCCESSORIES retail facility for the sale and distribution of self-help books, audio tapes, video-tapes and personalized gifts and awards, the SUCCESSORIES gift and wall decor line and related merchandise and products ("Franchised Retail Business") and to use solely in connection therewith Franchisor's System, as it may be changed, improved and further developed from time to time, at one location only, such location to be: 1). __________________________________________ or 2). At a location to be designated, as provided in Paragraph III hereof within the following area: ___________________________________________________________
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APPOINTMENT AND FRANCHISE FEE. A. FRANCHISOR hereby grants unto FRANCHISEE the right to use the mark, "XACTUAL DATA", and the right, franchise and privilege to use "FACTUAL DATA CORP" procedures, methods and techniques in the operation of a "FACTUAL DATA" office, under the specific conditions hereinafter set forth, at one office only, to be located at a site approved by the FRANCHISOR and the FRANCHISEE. This location shall be the FRANCHISEE'S primary area of responsibility. B. FRANCHISOR will not, so long as this Agreement is in force and effect and FRANCHISEE is not in default under any of the terms hereof, enfranchise or operate any other "FACTUAL DATA" Business for the same area as that granted to FRANCHISEE. C. FRANCHISEE shall pay to FRANCHISOR ( $.00), based on the population of FRANCHISEE'S territory, in return for which FRANCHISEE shall receive all the rights to do business in the counties of Broward, Dade, Collier, Hendxx, Xxx xxx Monroe as a licensed "Factual Data" FRANCHISEE, subject to compliance by the FRANCHISEE with the terms of this Agreement. D. Every franchise is directly related to a specific place of business for a designated city, town, or other defined area. Each franchise is an exclusive grant of a license solely in relation to such place of business. E. FRANCHISOR transfers to FRANCHISEE all items attached hereto and made a part of this Agreement. In order for the FRANCHISEE to operate a "FACTUAL DATA" franchise in an additional location, a separate Franchise Agreement must be signed and an additional franchise fee will be required.
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Related to APPOINTMENT AND FRANCHISE FEE

  • Appointment and Services (a) The Trust appoints the Administrator to provide the administrative services set out in Appendix A to this Agreement (the “Administrative Services”) for the benefit of the Trust and the Funds. The Administrator accepts its appointment and agrees to provide the Administrative Services for the compensation set out in this Agreement. (b) The Trust appoints the Administrator to provide the fund accounting services set out in Appendix B to this Agreement (the “Fund Accounting Services”) for the benefit of the Trust and the Funds. The Administrator accepts its appointment and agrees to provide the Fund Accounting Services for the compensation set out in this Agreement.

  • Appointment of Borrower Each of the Loan Parties hereby appoints the Borrower to act as its agent for all purposes of this Agreement, the other Loan Documents and all other documents and electronic platforms entered into in connection herewith and agrees that (a) the Borrower may execute such documents and provide such authorizations on behalf of such Loan Parties as the Borrower deems appropriate in its sole discretion and each Loan Party shall be obligated by all of the terms of any such document and/or authorization executed on its behalf, (b) any notice or communication delivered by the Administrative Agent, L/C Issuer or a Lender to the Borrower shall be deemed delivered to each Loan Party and (c) the Administrative Agent, L/C Issuer or the Lenders may accept, and be permitted to rely on, any document, authorization, instrument or agreement executed by the Borrower on behalf of each of the Loan Parties.

  • Appointment of Asset Manager; Acceptance of Appointment The Series hereby appoints the Asset Manager as asset manager to the Series for the purpose of managing the Series #TICKER Asset. The Asset Manager hereby accepts such appointment.

  • Appointment and Status of Sub-Adviser The Adviser hereby appoints the Sub-Adviser to provide investment advisory services to the Fund for the period and on the terms set forth in this Agreement. The Sub-Adviser accepts such appointment and agrees to render the services herein set forth, for the compensation herein provided. The Sub-Adviser shall for all purposes herein be deemed to be an independent contractor of the Adviser and the Trust and shall, unless otherwise expressly provided herein or authorized by the Adviser or the Board of Trustees of the Trust from time to time, have no authority to act for or represent the Adviser or the Trust in any way or otherwise be deemed an agent of the Adviser or the Trust.

  • Exclusive Appointment The Company acknowledges that the appointment of the Manager hereunder is an exclusive appointment for the Term. The Company shall not appoint other managers with respect to the Vessels or the Containership business during the Term, except in circumstances in which it is necessary to do so in order to comply with Applicable Laws or as otherwise agreed by the Manager in writing. This Section 2.5 does not prohibit the Company from having its own employees perform the Management Services.

  • Appointment and Designation of Master Servicer The Purchaser hereby appoints and designates Aurora Loan Services, Inc. as its master servicer (the "Master Servicer") for the Mortgage Loans subject to this Agreement. The Company is hereby authorized and instructed to take any and all instructions with respect to servicing the Mortgage Loans hereunder as if the Master Servicer were the Purchaser hereunder. The authorization and instruction set forth herein shall remain in effect until such time as the Company shall receive written instruction from the Purchaser that such authorization and instruction is terminated.

  • Appointment of and Acceptance by Escrow Agent The Investor(s) and the Company hereby appoint Escrow Agent to serve as Escrow Agent hereunder. Escrow Agent hereby accepts such appointment and, upon receipt by wire transfer of the Escrow Funds in accordance with Section 3 below, agrees to hold, invest and disburse the Escrow Funds in accordance with this Agreement. a. The Company hereby acknowledges that the Escrow Agent is counsel to the Investor(s) in connection with the transactions contemplated and referred herein. The Company agrees that in the event of any dispute arising in connection with this Escrow Agreement or otherwise in connection with any transaction or agreement contemplated and referred herein, the Escrow Agent shall be permitted to continue to represent the Investor(s) and the Company will not seek to disqualify such counsel.

  • Appointment and Term The Members will be entitled to appoint from time to time persons to serve as the managers (each, a "Manager") on the Board of Managers. Managers will serve until their respective successors are appointed by the Members, as provided under Section 4.11 herein, or until their earlier death, disability, resignation, retirement or removal, pursuant to Section 4.10 herein. Each Manager is hereby designated as a "manager" of the Company within the meaning of Section 18-101(10) of the Act.

  • Appointment of Process Agent The Issuer appoints Xxxx Xxxxx & Sons Limited at its registered office at Swire House, 00 Xxxxxxxxxx Xxxx, Xxxxxx XX0X 0XX, Xxxxxxx as its agent for service of process, and undertakes that, in the event of Xxxx Xxxxx & Sons Limited ceasing so to act or ceasing to be registered in England, it will appoint another person as its agent for service of process in England in respect of any Proceedings. Nothing herein shall affect the right to serve proceedings in any other manner permitted by law.

  • Appointment and Term of Office The Officers shall be appointed by the Board at such time and for such terms as the Board shall determine. Any Officer may be removed, with or without cause, only by the Board. Vacancies in any office may be filled only by the Board.

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