Common use of Compliance with Entire System Clause in Contracts

Compliance with Entire System. (a) Licensee acknowledges that every component of the Sonic System is important to SONIC and to the operation of the Sonic Restaurant as a Sonic drive-in restaurant, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, quality and appearance; and uniformity of facilities and service. (b) SONIC shall have the right to inspect the Sonic Restaurant at all reasonable times to ensure that Licensee’s operation thereof is in compliance with the standards and policies of the Sonic System. In the event that such inspection reveals any deficiency or unsatisfactory condition with respect to any aspect of the drive-in operation, Licensee shall, within 72 hours of Licensee’s receipt of notice of such condition or such other time as SONIC in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event Licensee fails to comply with the foregoing obligations to correct and repair, SONIC, upon 24 hours’ notice to Licensee, shall have the right, without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging and transportation of SONIC personnel, if utilized, shall be paid by Licensee upon billing by SONIC. The foregoing shall be in addition to any other right or remedies SONIC may have. (c) Licensee shall comply with the entire Sonic System as described herein and in the Sonic Operations Manual, including but not limited to the following: (i) Operate the Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of quality, service and cleanliness; comply with all business policies, practices and procedures imposed by SONIC; and maintain the building, equipment and parking area in a good, clean, wholesome condition and repair, well lighted and in compliance with designated standards as may be prescribed from time to time by SONIC. (ii) Purchase and install kitchen fixtures, lighting, and equipment, and office equipment and signs in accordance with the equipment specifications and layout initially designated by SONIC. (iii) Licensee shall not, without prior written consent of SONIC: (a) make any building design conversion or (b) make any alterations, conversions or additions to the building or parking area. (iv) Make repairs or replacements required because of damage, wear and tear or in order to maintain the Sonic Restaurant building and parking area in good condition and in conformity with blueprints and plans. (v) Maintain the parking stalls, as required in the standard Sonic Plans and Specifications, for the exclusive use of Sonic Restaurant customers. (vi) Operate the Sonic Restaurant everyday of the year (except Easter, Thanksgiving and Christmas), and at least 10 hours per day or such other hours as may from time to time be reasonably prescribed by SONIC (except when the Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products and employ adequate personnel so as to operate the Sonic Restaurant at its maximum capacity and efficiency. (vii) Cause all employees of Licensee, while working in the Sonic Restaurant, to: (a) wear uniforms of such color, design and other specifications as SONIC may designate from time to time, (b) present a neat and clean appearance and (c) render competent and courteous service to Sonic Restaurant customers. (viii) All menu items which SONIC may deem appropriate to take fullest advantage of the potential market and achieve standardization in the Sonic System will be served, and no items which are not set forth in the Sonic Operations Manual or otherwise authorized and approved in writing by SONIC will be served. (ix) In the dispensing and sale of food products: (a) use only containers, cartons, bags, napkins and other paper goods and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, (b) use only those flavorings, garnishments and food and beverage ingredients which meet the Sonic System specifications and quality standards, which SONIC may designate from time to time and (c) employ only those methods of food handling, preparation, and serving which SONIC may designate from time to time. (x) Make prompt payment in accordance with the terms of invoices rendered to Licensee including but not limited to, his purchase of fixtures, equipment and food and paper supplies. (xi) At his own expense, comply with all federal, state, and local laws, ordinances and regulations affecting the operation of the Sonic Restaurant. (xii) Licensee shall not install any electronic games or other games of chance at the Sonic Restaurant without the express prior written consent of SONIC. (xiii) Furnish SONIC with current changes in home addresses and phone number of its owners and manager and, upon SONIC’s reasonable request, provide updates of personal financial statements or other credit information. (xiv) The Licensee shall notify SONIC’s Director of Corporate Communications or, if not available, the most senior executive officer of SONIC as soon as possible and, in any event, within 12 hours after the occurrence at the Sonic Restaurant of any event which could have an adverse impact on the Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease.

Appears in 2 contracts

Samples: License Agreement (Sonic Corp), License Agreement (Sonic Corp)

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Compliance with Entire System. (a) Licensee Franchisee acknowledges that every component of the Sonic McDonald’s System is important to SONIC McDonald’s and to the operation of the Sonic Restaurant as a Sonic drive-in XxXxxxxx’x restaurant, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, quality quality, and appearance; and uniformity of facilities and service. (b) SONIC . McDonald’s shall have the right to inspect the Sonic Restaurant at all reasonable times to ensure that LicenseeFranchisee’s operation thereof is in compliance with the standards and policies of the Sonic McDonald’s System. In the event that such inspection reveals any deficiency or unsatisfactory condition with respect to any aspect of the drive-in operation, Licensee shall, within 72 hours of Licensee’s receipt of notice of such condition or such other time as SONIC in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event Licensee fails to comply with the foregoing obligations to correct and repair, SONIC, upon 24 hours’ notice to Licensee, shall have the right, without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging and transportation of SONIC personnel, if utilized, shall be paid by Licensee upon billing by SONIC. The foregoing shall be in addition to any other right or remedies SONIC may have. (c) Licensee Franchisee shall comply with the entire Sonic System as described herein and in the Sonic Operations ManualMcDonald’s System, including including, but not limited to to, the following: (ia) Operate the Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of qualityQuality, service Service, and cleanlinessCleanliness; comply with all business policies, practices practices, and procedures imposed by SONICMcDonald’s; serve at the Restaurant only those food and beverage products now or hereafter designated by McDonald’s; and maintain the building, equipment fixtures, equipment, signage, seating and decor, and parking area in a good, clean, wholesome condition and repair, and well lighted and in compliance with designated standards as may be prescribed from time to time by SONIC.McDonald’s; (iib) Purchase and install kitchen fixtures, lighting, and equipmentseating, signs, and office other equipment and signs in accordance with the equipment specifications and layout initially designated by SONIC.McDonald’s and, promptly after notice from McDonald’s that the Restaurant premises are ready for occupancy, cause the installation thereof; (iiic) Licensee Keep the Restaurant constructed and equipped in accordance with the building blueprints and equipment layout plans that are standard in the McDonald’s System or as such blueprints and plans may be reasonably changed from time to time by McDonald’s; (d) Franchisee shall not, without the prior written consent of SONICMcDonald’s: (ai) make any building design conversion or (bii) make any alterations, conversions conversions, or additions to the building building, equipment, or parking area.; (ive) Make repairs or replacements required required: (i) because of damage, damage or wear and tear or (ii) in order to maintain the Sonic Restaurant building and parking area in good condition and in conformity with to blueprints and plans.; customers; (vf) Maintain Where parking is provided, maintain the parking stalls, as required in the standard Sonic Plans and Specifications, area for the exclusive use of Sonic Restaurant customers.Restaurant (vig) Operate the Sonic Restaurant everyday of seven (7) days per week throughout the year (except Easter, Thanksgiving and Christmas), and at least 10 during the hours per day from 7:00 a.m. to 11:00 p.m., or such other hours as may from time to time be reasonably prescribed by SONIC McDonald’s (except when the Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products products, and employ adequate personnel so as to operate the Sonic Restaurant at its maximum capacity and efficiency.; (viih) Cause all employees of LicenseeFranchisee, while working in the Sonic Restaurant, to: (ai) wear uniforms of such color, design design, and other specifications as SONIC McDonald’s may designate from time to time, ; (bii) present a neat and clean appearance appearance; and (ciii) render competent and courteous service to Sonic Restaurant customers. ; (viii) All menu items which SONIC may deem appropriate to take fullest advantage of the potential market and achieve standardization in the Sonic System will be served, and no items which are not set forth in the Sonic Operations Manual or otherwise authorized and approved in writing by SONIC will be served. (ixi) In the dispensing and sale of food products: (ai) use only containers, cartons, bags, napkins and napkins, other paper goods goods, and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, (b) use only those flavorings, garnishments and food and beverage ingredients which meet the Sonic System specifications and quality standards, which SONIC may designate from time to time and (c) employ only those methods of food handling, preparation, and serving which SONIC may designate from time to time.McDonald’s (xj) Make To make prompt payment in accordance with the terms of invoices rendered to Licensee including but not limited to, his Franchisee on Franchisee’s purchase of fixtures, equipment signs, equipment, and food and paper supplies.; and (xik) At his Franchisee’s own expense, comply with all federal, state, and local laws, ordinances ordinances, and regulations affecting the operation of the Sonic Restaurant. (xii) Licensee shall not install any electronic games or other games of chance at the Sonic Restaurant without the express prior written consent of SONIC. (xiii) Furnish SONIC with current changes in home addresses and phone number of its owners and manager and, upon SONIC’s reasonable request, provide updates of personal financial statements or other credit information. (xiv) The Licensee shall notify SONIC’s Director of Corporate Communications or, if not available, the most senior executive officer of SONIC as soon as possible and, in any event, within 12 hours after the occurrence at the Sonic Restaurant of any event which could have an adverse impact on the Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease.

Appears in 1 contract

Samples: Franchise Agreement

Compliance with Entire System. (a) Licensee acknowledges that every component of the Sonic System is important to SONIC Sonic and to the operation of the Sonic Restaurant as a Sonic drive-in restaurant, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, quality quality, and appearance; and uniformity of facilities and service. (b) SONIC Sonic shall have the right to inspect the Sonic Restaurant at all reasonable times to ensure that Licensee’s operation thereof is in compliance with the standards and policies of the Sonic System. This right to inspect includes the right of Sonic or a third party on behalf of Sonic to conduct food safety audits and operational assessments. In the event that such inspection any inspection, including a food safety audit or an operational assessment, reveals any deficiency or unsatisfactory condition with respect to any aspect of the drive-in Sonic Restaurant operation, Licensee shall, within 72 hours of Licensee’s receipt of notice of such condition or such other time as SONIC Sonic in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event Licensee fails to comply with the foregoing obligations to correct and repair, SONICSonic, upon 24 hours’ notice to Licensee, shall have the rightright (but no obligation), without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging lodging, and transportation of SONIC Sonic personnel, if utilized, shall be paid by Licensee upon billing by SONICSonic. The foregoing shall be in addition to any other right or remedies SONIC Sonic may have. (c) Licensee shall comply with the entire Sonic System as described herein and in the Sonic Operations Manual, including but not limited to the following: (i) Operate the Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of quality, service food safety, service, cleanliness, and cleanlinessappearance as prescribed by governmental authorities and by Sonic; comply with all business policies, practices practices, and procedures imposed by SONICSonic; and maintain the building, equipment equipment, and parking area in a good, clean, wholesome condition and repair, well lighted lighted, and in compliance with designated standards as may be prescribed from time to time by SONICSonic. (ii) Purchase and install kitchen fixtures, lighting, payment systems, and equipment, and office equipment and signs in accordance with the equipment specifications and layout initially designated by SONICSonic. (iii) Licensee shall not, without Without the prior written consent of SONIC: Sonic, make no (a) make any building design conversion or (b) make any alterations, conversions conversions, or additions to the building or parking area. (iv) Make repairs or replacements required because of damage, wear wear, and tear or in order to maintain the Sonic Restaurant building building, fixtures, and parking area in good condition and in conformity with blueprints and plans. (v) Maintain the parking stalls, as required in the standard Sonic Plans and Specifications, for the exclusive use of Sonic Restaurant customers. (vi) Operate the Sonic Restaurant everyday of the year (except Easter, Thanksgiving Thanksgiving, and Christmas), and at least 10 15 hours per day or such other hours hours, including specific opening and closing times, as may from time to time be reasonably prescribed by SONIC Sonic (except when the Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products products, and employ adequate personnel so as to operate the Sonic Restaurant at its maximum capacity and efficiency. (vii) Cause all employees of Licensee, while working in the Sonic Restaurant, to: (a) wear uniforms of such color, design design, and other specifications as SONIC Sonic may designate from time to time, (b) present a neat and clean appearance appearance, and (c) render competent and courteous service to Sonic Restaurant customers. (viii) All Serve all menu items which SONIC Sonic may deem appropriate and which are included in the menu approved by Sonic at the time to take fullest full advantage of the potential market and achieve standardization in the Sonic System will be servedSystem, and serve no items which are not set forth in the Sonic Operations Manual or and which are not otherwise authorized and approved in writing by SONIC will be servedSonic, and display and offer only the menu approved by Sonic at the time. (ix) In the dispensing and sale of food products: (a) use only containers, cartons, bags, napkins napkins, and other paper goods and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, (b) use only those flavorings, garnishments garnishments, and food and beverage ingredients ingredients, manufacturers, and brands which meet the Sonic System specifications and quality standards, which SONIC Sonic may designate from time to time time, and (c) employ only those methods of food handling, preparation, and serving which SONIC Sonic may designate from time to time. (x) Make prompt payment in accordance with the terms of invoices rendered to Licensee including including, but not limited to, his invoices for the purchase of fixtures, equipment equipment, and food and paper supplies. (xi) At his own Licensee’s expense, comply with all federal, state, and local laws, ordinances ordinances, and regulations affecting the operation of the Sonic Restaurant, including all laws, ordinances, or regulations relating to terrorist activities. (xii) Licensee shall not install any Install no electronic games or other games of chance at the Sonic Restaurant without the express prior written consent of SONICSonic. (xiii) Furnish SONIC Sonic with current changes in home addresses and phone number numbers of its Licensee and Licensee’s owners and manager manager; furnish Sonic with current information regarding the legal and equity ownership and Control of the operation of the Sonic Restaurant; and, upon SONICSonic’s reasonable request, provide updates of financial information, personal financial statements or other statements, and credit information. (xiv) The Licensee shall notify SONICNotify Sonic’s Director of Corporate Communications Department or, if not available, the most senior executive officer of SONIC Sonic as soon as possible and, in any event, within 12 hours after the occurrence at the Sonic Restaurant of any event which could have an adverse impact on the Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease.

Appears in 1 contract

Samples: License Agreement (Sonic Corp)

Compliance with Entire System. (a) Licensee acknowledges that every component of the Sonic System is important to SONIC Sonic and to the operation of the Non-Traditional Sonic Restaurant as a non-traditional Sonic drive-in restaurant, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, quality quality, and appearance; and uniformity of facilities and service. (b) SONIC Sonic shall have the right to inspect the Non-Traditional Sonic Restaurant at all reasonable times to ensure that Licensee’s operation thereof is in compliance with the standards and policies of the Sonic System. This right to inspect includes the right of Sonic or a third party on behalf of Sonic to conduct food safety audits and operational assessments. In the event that such inspection any inspection, including a food safety audit or an operational assessment, reveals any deficiency or unsatisfactory condition with respect to any aspect of the driveNon-in Traditional Sonic operation, Licensee shall, within 72 hours of Licensee’s receipt of notice of such condition or such other time as SONIC Sonic in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event Licensee fails to comply with the foregoing obligations to correct and repair, SONICSonic, upon 24 hours’ notice to Licensee, shall have the rightright (but no obligation), without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging lodging, and transportation of SONIC Sonic personnel, if utilized, shall be paid by Licensee upon billing by SONICSonic. The foregoing shall be in addition to any other right or remedies SONIC Sonic may have. (c) Licensee shall comply with the entire Sonic System as described herein and in the Sonic Operations ManualManual for a traditional Sonic drive-in restaurant, including but except to the extent that Licensee cannot limited to comply as a practical matter because of the physical layout or structure of the Non-Traditional Sonic. That compliance shall include (without limitation) the following: (i) Operate the Non-Traditional Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of quality, service food safety, service, cleanliness, and cleanlinessappearance as prescribed by governmental authorities and by Sonic; comply with all business policies, practices practices, and procedures imposed by SONICSonic; and maintain the building, equipment equipment, and parking area in a good, clean, wholesome condition and repair, well lighted lighted, and in compliance with designated standards as may be prescribed from time to time by SONICSonic. (ii) Purchase and install kitchen fixtures, lighting, payment systems, and equipment, and office equipment and signs in accordance with the equipment specifications and layout initially designated by SONICSonic. (iii) Licensee shall not, without Without the prior written consent of SONIC: Sonic, make no (a) make any building design conversion or (b) make any alterations, conversions conversions, or additions to the building or parking arealocation. (iv) Make repairs or replacements required because of damage, wear wear, and tear or in order to maintain the Non-Traditional Sonic Restaurant building and parking area in good condition and in conformity with blueprints and plans. (v) Maintain the parking stalls, as required in the standard Sonic Plans and Specifications, for the exclusive use of Sonic Restaurant customers. (vi) Operate the Non-Traditional Sonic Restaurant everyday of the year (except Easter, Thanksgiving Thanksgiving, and Christmas), and at least 10 15 hours per day or such other hours hours, including specific opening and closing times, as may from time to time be reasonably prescribed by SONIC Sonic (except when the Non-Traditional Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products products, and employ adequate personnel so as to operate the Non-Traditional Sonic Restaurant at its maximum capacity and efficiency. (viivi) Cause all employees of Licensee, while working in the Sonic RestaurantNon-Traditional Sonic, to: (a) wear uniforms of such color, design design, and other specifications as SONIC Sonic may designate from time to time, (b) present a neat and clean appearance appearance, and (c) render competent and courteous service to Non-Traditional Sonic Restaurant customers. (viiivii) All Serve all menu items which SONIC Sonic may deem appropriate and which are included in the menu approved by Sonic at the time to take fullest full advantage of the potential market and achieve standardization in the Sonic System will be served, and System; serve no items which are not set forth in the Sonic Operations Manual or and which are not otherwise authorized and approved in writing by SONIC will be servedSonic; and display and offer only the menu approved by Sonic at the time. (ixviii) In the dispensing and sale of food products: (a) use only containers, cartons, bags, napkins napkins, and other paper goods and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, (b) use only those flavorings, garnishments garnishments, and food and beverage ingredients ingredients, manufacturers, and brands which meet the Sonic System specifications and quality standards, which SONIC Sonic may designate from time to time time, and (c) employ only those methods of food handling, preparation, and serving which SONIC Sonic may designate from time to time. (xix) Make prompt payment in accordance with the terms of invoices rendered to Licensee including including, but not limited to, his invoices for the purchase of fixtures, equipment equipment, and food and paper supplies. (xix) At his own Licensee’s expense, comply with all federal, state, and local laws, ordinances ordinances, and regulations affecting the operation of the Sonic RestaurantNon-Traditional Sonic, including all laws, ordinances, or regulations relating to terrorist activities. (xiixi) Licensee shall not install any Install no electronic games or other games of chance at the Non-Traditional Sonic Restaurant without the express prior written consent of SONICSonic. (xiiixii) Furnish SONIC Sonic with current changes in home addresses and phone number numbers of its Licensee and Licensee’s owners and manager manager; furnish Sonic with current information regarding the legal and equity ownership and Control of the operation of the Non-Traditional Sonic; and, upon SONICSonic’s reasonable request, provide updates of financial information, personal financial statements or other statements, and credit information. (xivxiii) The Licensee shall notify SONICNotify Sonic’s Director of Corporate Communications Department or, if not available, the most senior executive officer of SONIC Sonic as soon as possible and, in any event, within 12 hours after the occurrence at the Non-Traditional Sonic Restaurant of any event which could have an adverse impact on the Non-Traditional Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease.

Appears in 1 contract

Samples: Non Traditional License Agreement (Sonic Corp)

Compliance with Entire System. (a) Licensee acknowledges that every component of the Sonic System is important to SONIC Licensor and to the operation of the Sonic Restaurant as a Sonic drive-in restaurant, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, quality and appearance; and uniformity of facilities and service. (b) SONIC Licensor shall have the right to inspect the Sonic Restaurant at all reasonable times to ensure that Licensee’s 's operation thereof is in compliance with the standards and policies of the Sonic System. In the event that such inspection reveals any deficiency or unsatisfactory condition with respect to any aspect of the drive-in operation, Licensee shall, within 72 hours of Licensee’s 's receipt of notice of such condition or such other time as SONIC Licensor in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event Licensee fails to comply with the foregoing obligations to correct and repair, SONICLicensor, upon 24 hours' notice to Licensee, shall have the right, without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging and transportation of SONIC Licensor personnel, if utilized, shall be paid by Licensee upon billing by SONICLicensor. The foregoing shall be in addition to any other right or remedies SONIC the Licensor may have. (c) Licensee shall comply with the entire Sonic System as described herein and in the Sonic Operations Manual, including but not limited to the following: (i) Operate the Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of quality, service and cleanliness; comply with all business policies, practices and procedures imposed by SONICLicensor; and maintain the building, equipment and parking area in a good, clean, wholesome condition and repair, well lighted and in compliance with designated standards as may be prescribed from time to time by SONICLicensor. (ii) Purchase and install kitchen fixtures, lighting, lighting and equipment, and office other equipment and signs in accordance with the equipment specifications and layout initially designated by SONICLicensor. (iii) Licensee shall not, without prior written consent of SONICLicensor: (a) make any building design conversion or (b) make any alterations, conversions or additions to the building or parking area. (iv) Make repairs or replacements required because of damage, wear and tear or in order to maintain the Sonic Restaurant building and parking area in good condition and in conformity with blueprints and plans. (v) Maintain the parking stalls, as required in the standard Sonic Plans and Specifications, for the exclusive use of Sonic Restaurant customers. (vi) Operate the Sonic Restaurant everyday of the year (except Easter, Thanksgiving and Christmas), and at least 10 ten (10) hours per day or such other hours as may from time to time be reasonably prescribed by SONIC Licensor (except when the Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products and employ adequate personnel so as to operate the Sonic Restaurant at its maximum capacity and efficiency. (vii) Cause all employees of Licensee, while working in the Sonic Restaurant, to: (a) wear uniforms of such color, design and other specifications as SONIC Licensor may designate from time to time, (b) present a neat and clean appearance and (c) render competent and courteous service to Sonic Restaurant customers. (viii) All menu items which SONIC Licensor may deem appropriate to take fullest advantage of the potential market and achieve standardization in the Sonic System will be served, and no items which are not set forth in the Sonic Operations Manual or otherwise authorized and approved in writing by SONIC Licensor will be served. (ix) In the dispensing and sale of food products: (a) use only containers, cartons, bags, napkins and other paper goods and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, (b) use only those flavorings, garnishments and food and beverage ingredients which meet the Sonic System specifications and quality standards, which SONIC Licensor may designate from time to time and (c) employ only those methods of food handling, preparation, and serving which SONIC Licensor may designate from time to time. (x) Make prompt payment in accordance with the terms of invoices rendered to Licensee including but not limited to, his purchase of fixtures, equipment and food and paper supplies. (xi) At his own expense, comply with all federal, state, and local laws, ordinances and regulations affecting the operation of the Sonic Restaurant. (xii) Licensee shall not install any electronic games or other games of chance at the Sonic Restaurant without the express prior written consent of SONICLicensor. (xiii) Furnish SONIC Licensor with current changes in home addresses and phone number of its owners and manager and, upon SONIC’s the Licensor's reasonable request, provide updates of personal financial statements or other credit information. (xiv) The Licensee shall notify SONIC’s the Licensor's Director of Corporate Communications or, if not available, the most senior executive officer of SONIC the Licensor as soon as possible and, in any event, within 12 hours after the occurrence at the Sonic Restaurant of any event which could have an adverse impact on the Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease.

Appears in 1 contract

Samples: License Agreement (Sonic Corp)

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Compliance with Entire System. (a) Licensee acknowledges that every component of the Sonic System is important to SONIC Sonic and to the operation of the Sonic Restaurant as a Sonic drive-drive in restaurant, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, quality quality, and appearance; and uniformity of facilities and service..  (b) SONIC Sonic shall have the right to inspect the Sonic Restaurant at all reasonable times to ensure that Licensee’s operation thereof is in compliance with the standards and policies of the Sonic System. This right to inspect includes the right of Sonic or a third party on behalf of Sonic to conduct food safety audits and operational assessments. In the event that such inspection any inspection, including a food safety audit or an operational assessment, reveals any deficiency or unsatisfactory condition with respect to any aspect of the drive-in Sonic Restaurant operation, Licensee shall, within 72 hours of Licensee’s receipt of notice of such condition or such other time as SONIC Sonic in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event Licensee fails to comply with the foregoing obligations to correct and repair, SONICSonic, upon 24 hours’ notice to Licensee, shall have the rightright (but no obligation), without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging lodging, and transportation of SONIC Sonic personnel, if utilized, shall be paid by Licensee upon billing by SONICSonic. The foregoing shall be in addition to any other right or remedies SONIC Sonic may have..  (c) Licensee shall comply with the entire Sonic System as described herein and in the Sonic Operations Manual, including but not limited to the following::  (i) Operate the Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of quality, service food safety, service, cleanliness, and cleanlinessappearance as prescribed by governmental authorities and by Sonic; comply with all business policies, practices practices, and procedures imposed by SONICSonic; and maintain the building, equipment equipment, and parking area in a good, clean, wholesome condition and repair, well lighted lighted, and in compliance with designated standards as may be prescribed from time to time by SONIC.Sonic.  (ii) Purchase and install kitchen fixtures, lighting, payment systems, and equipment, and office equipment and signs in accordance with the equipment specifications and layout initially designated by SONIC.Sonic.  (iii) Licensee shall not, without Without the prior written consent of SONIC: Sonic, make no (a) make any building design conversion or (b) make any alterations, conversions conversions, or additions to the building or parking area..  (iv) Make repairs or replacements required because of damage, wear wear, and tear or in order to maintain the Sonic Restaurant building building, fixtures, and parking area in good condition and in conformity with blueprints and plans..  (v) Maintain the parking stalls, as required in the standard Sonic Plans and Specifications, for the exclusive use of Sonic Restaurant customers..  (vi) Operate the Sonic Restaurant everyday of the year (except Easter, Thanksgiving Thanksgiving, and Christmas), and at least 10 15 hours per day or such other hours hours, including specific opening and closing times, as may from time to time be reasonably prescribed by SONIC Sonic (except when the Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products products, and employ adequate personnel so as to operate the Sonic Restaurant at its maximum capacity and efficiency..  (vii) Cause all employees of Licensee, while working in the Sonic Restaurant, to: (a) wear uniforms of such color, design design, and other specifications as SONIC Sonic may designate from time to time, (b) present a neat and clean appearance appearance, and (c) render competent and courteous service to Sonic Restaurant customers..  (viii) All Serve all menu items which SONIC Sonic may deem appropriate and which are included in the menu approved by Sonic at the time to take fullest full advantage of the potential market and achieve standardization in the Sonic System will be servedSystem, and serve no items which are not set forth in the Sonic Operations Manual or and which are not otherwise authorized and approved in writing by SONIC will be served.Sonic, and display and offer only the menu approved by Sonic at the time.  11 (ix) In the dispensing and sale of food products: (a) use only containers, cartons, bags, napkins napkins, and other paper goods and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, (b) use only those flavorings, garnishments garnishments, and food and beverage ingredients ingredients, manufacturers, and brands which meet the Sonic System specifications and quality standards, which SONIC Sonic may designate from time to time time, and (c) employ only those methods of food handling, preparation, and serving which SONIC Sonic may designate from time to time..  (x) Make prompt payment in accordance with the terms of invoices rendered to Licensee including including, but not limited to, his invoices for the purchase of fixtures, equipment equipment, and food and paper supplies..  (xi) At his own Licensee’s expense, comply with all federal, state, and local laws, ordinances ordinances, and regulations affecting the operation of the Sonic Restaurant., including all laws, ordinances, or regulations relating to terrorist activities.  (xii) Licensee shall not install any Install no electronic games or other games of chance at the Sonic Restaurant without the express prior written consent of SONIC.Sonic.  (xiii) Furnish SONIC Sonic with current changes in home addresses and phone number numbers of its Licensee and Licensee’s owners and manager manager; furnish Sonic with current information regarding the legal and equity ownership and Control of the operation of the Sonic Restaurant; and, upon SONICSonic’s reasonable request, provide updates of financial information, personal financial statements or other statements, and credit information..  (xiv) The Licensee shall notify SONICNotify Sonic’s Director of Corporate Communications Department or, if not available, the most senior executive officer of SONIC Sonic as soon as possible and, in any event, within 12 hours after the occurrence at the Sonic Restaurant of any event which could have an adverse impact on the Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease..  (xv) Only provide a Sonic-approved toy premium that is appropriate for the age of the child; make a Sonic-approved all-age toy premium available upon customer request; and, except in the case of an all-age toy premium provided as appropriate, only offer the Sonic-approved toy premium corresponding to the Sonic-designated promotion.  (xvi) Accept Sonic-designated debit and credit cards, Sonic-approved stored-value cards, and any other Sonic-designated payment means.  (xvii) Participate in system-wide initiatives, including technology initiatives such as the PartnerNet technology initiative and other initiatives as may be designated by Sonic from time to time.  (xviii) Deal with Persons supplying goods and services to the Sonic Restaurant in a respectful and responsive manner such that the reputation and goodwill of Sonic, its licensees, and the Sonic System are not tarnished in the business community or with consumers; ensure that all Persons that provide goods or services to the Sonic Restaurant during construction and operation are timely and fully paid for such goods and services, except only to the extent that any of the goods and services are non-conforming, damaged, defective, or missing; and, in the event that a dispute arises as to quality or quantity of goods or services furnished to the Sonic Restaurant, timely communicate with and respond to the supplier in a good faith effort to resolve the dispute. Licensee cannot avoid the obligations contained in this Section 6.05(c)(xviii) by contracting for or obtaining the goods or services indirectly, such as through an intermediary.  (xix) Except as to bottled water and paper products and except as allowed by any policy contained in the Sonic Operations Manual, do not sell or serve food and beverage products outside of the Sonic Restaurant premises and do not donate food and beverage products to a third party except upon the prior written consent of Sonic.  (xx) Do not sell Sonic coupons, and only sell Sonic-related merchandise on the Internet or by other means upon the prior written consent of Sonic.  (xxi) Participate in Sonic-approved marketing, advertising, promotional, and brand enhancement programs.  (xxii) In the event Sonic sets a maximum price for any product, do not charge a price in excess of such maximum price for the product; however, Licensee may charge a price lower than the maximum price.  (xxiii) Sell the Sonic-approved stored-value card or other Sonic-designated pre-paid payment means. 

Appears in 1 contract

Samples: Franchise Agreement (Sonic Corp)

Compliance with Entire System. (a) Licensee acknowledges that every component of the Sonic System is important to SONIC and to the operation of the Sonic Restaurant as a Sonic drive-in restaurant, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, quality and appearance; and uniformity of facilities and service. (b) SONIC shall have the right to inspect the Sonic Restaurant at all reasonable times to ensure that Licensee’s 's operation thereof is in compliance with the standards and policies of the Sonic System. In the event that such inspection reveals any deficiency or unsatisfactory condition with respect to any aspect of the drive-in operation, Licensee shall, within 72 hours of Licensee’s 's receipt of notice of such condition or such other time as SONIC in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event Licensee fails to comply with the foregoing obligations to correct and repair, SONIC, upon 24 hours' notice to Licensee, shall have the right, without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging and transportation of SONIC personnel, if utilized, shall be paid by Licensee upon billing by SONIC. The foregoing shall be in addition to any other right or remedies SONIC may have. (c) Licensee shall comply with the entire Sonic System as described herein and in the Sonic Operations ManualSONIC OPERATIONS MANUAL, including but not limited to the following: (i) Operate the Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of quality, service and cleanliness; comply with all business policies, practices and procedures imposed by SONIC; and maintain the building, equipment and parking area in a good, clean, wholesome condition and repair, well lighted and in compliance with designated standards as may be prescribed from time to time by SONIC. (ii) Purchase and install kitchen fixtures, lighting, lighting and equipment, and office other equipment and signs in accordance with the equipment specifications and layout initially designated by SONIC. (iii) Licensee shall not, without prior written consent of SONIC: (a) make any building design conversion or (b) make any alterations, conversions or additions to the building or parking area. (iv) Make repairs or replacements required because of damage, wear and tear or in order to maintain the Sonic Restaurant building and parking area in good condition and in conformity with blueprints and plans. (v) Maintain the parking stalls, as required in the standard Sonic Plans and Specifications, for the exclusive use of Sonic Restaurant customers. (vi) Operate the Sonic Restaurant everyday of the year (except Easter, Thanksgiving and Christmas), and at least 10 hours per day or such other hours as may from time to time be reasonably prescribed by SONIC (except when the Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products and employ adequate personnel so as to operate the Sonic Restaurant at its maximum capacity and efficiency. (vii) Cause all employees of Licensee, while working in the Sonic Restaurant, to: (a) wear uniforms of such color, design and other specifications as SONIC may designate from time to time, (b) present a neat and clean appearance and (c) render competent and courteous service to Sonic Restaurant customers. (viii) All menu items which SONIC may deem appropriate to take fullest advantage of the potential market and achieve standardization in the Sonic System will be served, and no items which are not set forth in the Sonic Operations Manual SONIC OPERATIONS MANUAL or otherwise authorized and approved in writing by SONIC will be served. (ix) In the dispensing and sale of food products: (a) use only containers, cartons, bags, napkins and other paper goods and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, (b) use only those flavorings, garnishments and food and beverage ingredients which meet the Sonic System specifications and quality standards, which SONIC may designate from time to time and (c) employ only those methods of food handling, preparation, and serving which SONIC may designate from time to time. (x) Make prompt payment in accordance with the terms of invoices rendered to Licensee including but not limited to, his purchase of fixtures, equipment and food and paper supplies. . (xi) At his own expense, comply with all federal, state, and local laws, ordinances and regulations affecting the operation of the Sonic Restaurant. (xii) Licensee shall not install any electronic games or other games of chance at the Sonic Restaurant without the express prior written consent of SONIC. (xiii) Furnish SONIC with current changes in home addresses and phone number of its owners and manager and, upon SONIC’s reasonable request, provide updates of personal financial statements or other credit information. (xiv) The Licensee shall notify SONIC’s Director of Corporate Communications or, if not available, the most senior executive officer of SONIC as soon as possible and, in any event, within 12 hours after the occurrence at the Sonic Restaurant of any event which could have an adverse impact on the Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease.

Appears in 1 contract

Samples: License Agreement (Sonic Corp)

Compliance with Entire System. (a) The Licensee acknowledges that every component of the Sonic System is important to SONIC the Licensor and to the operation of the Non-Traditional Sonic Restaurant as a Sonic driveNon-in restaurantTraditional Sonic, including a designated menu of food and beverage products; uniformity of food specifications, preparation methods, ; quality and appearance; and uniformity of facilities and service. (b) SONIC The Licensor shall have the right to inspect the Non-Traditional Sonic Restaurant at all reasonable times to ensure that the Licensee’s operation thereof is in compliance with the standards and policies of the Sonic System. In the event that such inspection reveals any deficiency or unsatisfactory condition with respect to any aspect of the driveoperation of the Non-in operationTraditional Location, the Licensee shall, within 72 hours of the Licensee’s receipt of notice of such condition or such other time as SONIC the Licensor in its sole discretion may provide, correct or repair such deficiency or unsatisfactory condition if it is correctable or repairable within such time period, and, if not, shall within such time commence such correction or repair and thereafter diligently pursue same to completion. The preceding sentence notwithstanding, the Licensee shall take immediate action to correct or repair any deficiency or unsatisfactory condition which poses a risk to public health or safety. In the event the Licensee fails to comply with the foregoing obligations to correct and repair, SONICthe Licensor, upon 24 hours’ notice to the Licensee, shall have the right, without being guilty of trespass or tort, to forthwith make or cause to be made such corrections or repairs, and the expense thereof, including board, wages, lodging and transportation of SONIC the Licensor personnel, if utilized, shall be paid by the Licensee upon billing by SONICthe Licensor. The foregoing shall be in addition to any other right or remedies SONIC the Licensor may have. (c) The Licensee shall comply with the entire Sonic System as described herein in this Agreement and in the Sonic Operations ManualManual for a traditional Sonic drive-in restaurant, including but except to the extent that the Licensee cannot limited to comply as a practical manner because of the physical layout and structure of the Non-Traditional Sonic. That compliance shall include (without limitation) the following: (i) Operate the Non-Traditional Sonic Restaurant in a clean, wholesome manner in compliance with prescribed standards of quality, service and cleanliness; comply with all business policies, practices and procedures imposed by SONICthe Licensor; and maintain the building, equipment and parking area in a good, clean, wholesome condition and repair, well lighted and in compliance with designated standards as may be prescribed from time to time by SONICthe Licensor. (ii) Purchase and install kitchen fixtures, lighting, lighting and equipment, and office other equipment and signs in accordance with the equipment specifications and layout initially designated by SONICthe Licensor. (iii) The Licensee shall not, without the prior written consent of SONIC: the Licensor (a) make any building design conversion or (b) make any alterations, conversions or additions to the building or parking arealocation. (iv) Make repairs or replacements required because of damage, wear and tear or in order to maintain the Non-Traditional Sonic Restaurant building and parking area in good condition and in conformity with blueprints and plans. (v) Maintain the parking stalls, as required in the standard Sonic Plans and Specifications, for the exclusive use of Sonic Restaurant customers. (vi) Operate the Non-Traditional Sonic Restaurant everyday of the year (except Easter, Thanksgiving and Christmas), and at least 10 hours per day or such other hours as may from time to time be reasonably prescribed by SONIC the Licensor (except when the Non-Traditional Sonic Restaurant is untenantable as a result of fire or other casualty), maintain sufficient supplies of food and paper products and employ adequate personnel so as to operate the Non-Traditional Sonic Restaurant at its maximum capacity and efficiency. (viivi) Cause all employees of the Licensee, while working in the Sonic RestaurantNon-Traditional Sonic, to: to (a) wear uniforms of such color, design and other specifications as SONIC the Licensor may designate from time to time, (b) present a neat and clean appearance appearance, and (c) render competent and courteous service to Sonic Restaurant the Licensee’s customers. (viiivii) All menu items which SONIC the Licensor may deem appropriate to take fullest full advantage of the potential market and achieve standardization in the Sonic System will be served, and no items which are not set forth in the Sonic Operations Manual or otherwise authorized and approved in writing by SONIC the Licensor will be served. (ixviii) In the dispensing and sale of food products: products (a) use only containers, cartons, bags, napkins and other paper goods and packaging bearing the approved trademarks and which meet the Sonic System specifications and quality standards, ; (b) use only those flavorings, garnishments and food and beverage ingredients which meet the Sonic System specifications and quality standards, which SONIC Licensor may designate from time to time time; and (c) employ only those methods of food handling, preparation, preparation and serving which SONIC the Licensor may designate from time to time. (xix) Make prompt payment in accordance with the terms of invoices rendered to the Licensee including including, but not limited to, his the purchase of fixtures, equipment and food and paper supplies. (xix) At his own the Licensee’s expense, comply with all federal, state, state and local laws, ordinances and regulations affecting the operation of the Sonic RestaurantNon-Traditional Sonic. (xiixi) The Licensee shall not install any electronic games or other games of chance at the Non-Traditional Sonic Restaurant without the express prior written consent of SONICthe Licensor. (xiiixii) Furnish SONIC the Licensor with current changes in home addresses and phone telephone number of its owners and manager and, upon SONICthe Licensor’s reasonable request, provide updates of personal financial statements or other credit information. (xivxiii) The Licensee shall notify SONICthe Licensor’s Director of Corporate Communications or, if not available, the most senior executive officer of SONIC the Licensor as soon as possible and, in any event, within 12 hours after the occurrence at the Non-Traditional Sonic Restaurant of any event which could have an adverse impact on the Non-Traditional Sonic Restaurant and/or the Sonic System, including (without limitation) the death or serious bodily injury of any employee or customer for any reason or the risk of infection by a contagious disease.

Appears in 1 contract

Samples: Non Traditional License Agreement (Sonic Corp)

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