Covenants of Developer. During the term of the Agreement, Developer will not voluntarily do any of the following:
Covenants of Developer. In addition to the other obligations set out in this Agreement, the Developer covenants and agrees with Corix at all times and from time to time as follows:
Covenants of Developer a. Developer covenants that, except with USI’s prior written approval, during the term of this Agreement and for a period of two (2) years after the expiration or termination of this Agreement for any reason, including a transfer of this Agreement, it will not engage in any business In Competition with any U-Swirl Store. The provisions of this Agreement bind Developer in any capacity, including as a franchisor, franchisee, sole proprietor, officer, director, partner, limited liability company manager or member, stockholder or employee. For purposes of this provision, “In Competition” means the franchising or operation of a business similar to a U-Swirl Store (including any business offering yogurt or other frozen desert products for sale) within a geographical area consisting of: (1) during the term of this Agreement, anywhere else; and (2) after termination of this Agreement, a three (3) mile radius from the location of any U-Swirl Store. The term “U-Swirl Store” includes not only the stores now in existence, but also those established at a later date but before Developer begins operating a business in a particular location. The term of this covenant will be extended by any time consumed in litigation or arbitration to enforce it, in both trial and appellate courts, if applicable.
Covenants of Developer. In addition to the other covenants and agreements of Developer set forth specifically elsewhere in this Agreement, Developer covenants and agrees:
Covenants of Developer. The Developer covenants as follows:
Covenants of Developer. 3.1 Developer shall construct at its own expense all Improvements for the Property according to the Plans and according to the City’s Development Regulations. The Improvements shall consist of the following:
Covenants of Developer. Developer covenants and agrees with City that, while this Agreement is in effect, Developer will comply or cause compliance with the following terms and conditions, which are material terms to this Agreement:
Covenants of Developer. During the term of this Agreement, Developer shall comply with the following covenants.
Covenants of Developer. 4.1 Subject to Section 2.2, the Minimum Improvements shall conform to the U.S. Secretary of the Interior’s Standards for Rehabilitation.
Covenants of Developer. During the term of the Agreement, Developer shall not voluntarily do any of the following: (a) seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or validity of this Agreement; (b) convey, without the express consent of the Town, by sale, lease or otherwise any interest in the Property to any entity or organization that qualifies as a charitable organization pursuant to General Laws Chapter 59, Section 5, Clause 3; or (c) fail to pay the Town the amounts due hereunder when due in accordance with the terms of this Agreement.
