DEATH OR DISABILITY OF FRANCHISEE. Upon the death or permanent disability of FRANCHISEE or a principal owner of FRANCHISEE, the executor, administrator, conservator or other personal representative of such person shall, within six (6) months from the date of death or disability, assign his interest in the Franchise and the BUSINESS or FRANCHISEE, to a third party approved by COMPANY subject to the conditions of Section 13C of this Agreement.
DEATH OR DISABILITY OF FRANCHISEE. Upon the death or permanent disability of FRANCHISEE (or the managing partner or officer of FRANCHISE if FRANCHISEE is a partnership or corporation), the executor, administrator, conservator, or other personal representative of such person, or the remaining partners or directors, shall appoint a competent manager within a reasonable time, not to exceed thirty (30) days from the date of death or permanent disability. The appointment of such manager shall be subject to the COMPANY's prior written approval, and such manager shall, if requested by the COMPANY, attend and satisfactorily complete the COMPANY's then required initial training program at FRANCHISEE's expense. If the Restaurant is not being managed by a COMPANY approved manager within such thirty (30) day period, the COMPANY is authorized, but shall not be required, to immediately appoint a manager to maintain the operation of the Restaurant for and on behalf of FRANCHISEE until an approved assignee or manager shall be able to assume the management and operation of the Restaurant. The COMPANY's appointment of a manager of the Restaurant shall not relieve FRANCHISEE of his obligations hereunder, and the COMPANY shall not be liable for any debts, losses, costs, or expenses incurred in the operation of the Restaurant or to any creditor of FRANCHISEE for any products, materials, supplies, or services purchased by the Restaurant during any period that it is managed by the COMPANY appointed manager. The COMPANY shall have the right to charge a reasonable fee for such management services and to cease to provide such management services at any time. Upon the death or permanent disability of FRANCHISEE (or the managing partner of officer of FRANCHISEE, if FRANCHISEE is a partnership or corporation), executor, administrator, conservator, or other personal representative of such person shall transfer his interest within a reasonable time, not to exceed twelve (12) months from the date of death or permanent disability, to a person approved by the COMPANY unless FRANCHISEE is a partnership or corporation and a new managing partner or officer approved by the COMPANY, subject to the satisfactory completion of all then required training for such managing partners or officers, has been appointed within such period, and subject to the transfer or assignment of such interest within thirty (30) days of the completion of any applicable probate or administration proceedings with respect to the estate of such person. Such...
DEATH OR DISABILITY OF FRANCHISEE. Upon the death or permanent disability of Franchisee or, if Franchisee is a corporation, limited liability company, or partnership, the owner of a controlling interest in Franchisee, the executor, administrator, conservator, or other personal representative of such person shall transfer its interest in this Agreement or such interest in Franchisee to either a fellow shareholder, member or partner, as the case may be, or a third party approval of such transferee by Company. The disposition of this Agreement or such interest in Franchisee (including, without limitation, transfer by bequest or inheritance) shall be completed within a reasonable time, not to exceed twelve (12) months from the date of death or permanent disability and shall be subject to all the terms and conditions applicable to transfers contained in Section 12.04, herein. Failure to dispose of this Agreement or the interest in Franchisee within said period of time shall constitute a breach of this Agreement.
DEATH OR DISABILITY OF FRANCHISEE. In the event of the death or disability of an individual Franchisee, Franchisor will consent to an assignment and transfer of this Agreement on an interim basis to the personal representative of Franchisee, and subsequently to an heir, legatee or devisee of Franchisee, provided that each of the following conditions is fulfilled with respect to each such assignment and transfer:
1. It shall be demonstrated to the satisfaction of Franchisor that such personal representative or successor is qualified, on the bases of character, business experience and capability, credit standing, health, and financial resources, necessary to successfully operate Franchisee's business in accordance with the terms of this Agreement.
2. The person, if any, to be substituted in Paragraph VII .B. of this Agreement shall have been approved by Franchisor and shall have successfully completed the training courses then in effect for franchisees or shall have completed such courses at the next earliest time offered by Franchisor.
3. There shall not be an existing default in any of the obligations of Franchisee
DEATH OR DISABILITY OF FRANCHISEE. Upon the death of Franchisee, or adjudicated incapacity as proven by a recognized medical practitioner, the representatives of Franchisee shall have the same rights to sell the Franchise as are provided to Franchisee in terms of this Agreement.
DEATH OR DISABILITY OF FRANCHISEE. Upon the death or Permanent Disability of Franchisee or, if Franchisee is a corporation or partnership, the Owner of a Controlling Interest in Franchisee, the executor, administrator, conservator, guardian or other personal representative of such person shall transfer Franchisee's interest in this Agreement or such interest in Franchisee to a third party approved by Pretzel Time. Such disposition of this Agreement or such interest in Franchisee (including, without limitation, transfer by bequest or inheritance) shall be completed within a reasonable time, not to exceed six (6) months from the date of death or Permanent Disability, and shall be subject to all the terms and conditions applicable to Transfers contained in Section 17.B. and 17.
DEATH OR DISABILITY OF FRANCHISEE. On your death or permanent disability or, if the Franchisee is a corporation or partnership, on the death or permanent disability of the owner of a controlling interest in the Franchisee, the executor, administrator, conservator, guardian or other personal representative of such person will transfer his or her interest in this Agreement and the Franchise, or such interest in the Franchisee, to a third party subject to our consent and all of the provisions of this Agreement with respect to a transfer and possible exercise of our right-of-first-refusal. Such disposition of this Agreement and the Franchise, or such interest in the Franchisee (including, without limitation, transfer by bequest or inheritance), will be completed within a reasonable time, not to exceed six (6) months from the date of death or permanent disability and will be subject to all the terms and conditions applicable to transfers contained in this Agreement. Failure to so transfer the interest in this Agreement and the Franchise, or such interest in the Franchisee, within said period of time will constitute a breach of this Agreement. You shall be deemed to have a "permanent disability" if your personal, active participation in management of your Plantation Store is for any reason curtailed for a continuous period of six (6) months. In the event of your death, disability, absence or otherwise, we can (but are not required to) operate the franchised business on your behalf and at your expense for such period of time (and under such terms and conditions) as we determine, including paying out of the assets and/or revenues of the franchised business any or all past, current and/or future 72 obligations of the franchised business (including any amounts owed to us and/or any affiliate) in such priorities as we determine from time-to-time in our sole and absolute discretion. We can pay ourselves a reasonable amount to reimburse us for our management services and other costs. We can obtain approval of a court or arbitrator for any such arrangements, the attorney's fees and other costs incurred in connection with obtaining such approval to be charged against the assets and/or revenues of the franchised business. We'll be indemnified by you (and/or your estate) against any costs and/or liabilities incurred by us in connection with, or related in any way to, the operation (or otherwise) of the franchised business. YOUR INITIALS: __________ / __________
DEATH OR DISABILITY OF FRANCHISEE. Upon the death or permanent disability of Franchisee or, if Franchisee is a corporation or partnership, the owner of a controlling interest in Franchisee, the executor, administrator, conservator, or other personal representative of such person shall transfer its interest in this Agreement or such interest in Franchisee to a third party approved by Franchisor. Such disposition of this Agreement or such interest in Franchisee (including, without limitation, transfer by bequest or inheritance) shall be completed within a reasonable time, not to exceed twelve (12) months from the date of death or permanent disability and shall be subject to all the terms and conditions applicable to transfers contained in Section 12.04. Failure to so dispose of this Agreement or such interest in Franchisee within said period of time shall constitute a breach of this Agreement.
DEATH OR DISABILITY OF FRANCHISEE. In the event of the death or disability of an individual Franchisee, Franchisor will consent to an assignment and transfer of this Agreement on an interim basis to the personal representative of Franchisee, and subsequently to an heir, legatee or devisee of Franchisee, provided that each of the following conditions is fulfilled with respect to each such assignment and transfer:
1. It shall be demonstrated to the satisfaction of Franchisor that such personal representative or successor is qualified, on the bases of character, business experience and capability, credit standing, health, and financial resources, necessary to successfully operate Franchisee's business in accordance with the terms of this Agreement.
2. The person, if any, to be substituted in Paragraph VII .B. of this Agreement shall have been approved by Franchisor and shall have successfully completed the training courses then in effect for franchisees or shall have completed such courses at 25 26 the next earliest time offered by Franchisor.
3. There shall not be an existing default in any of the obligations of Franchisee which would constitute cause for termination pursuant to Paragraph XIII. hereunder, and all amounts owed to Franchisor as of the date of death or disability shall be paid in full.
4. Such personal representative or successor shall have submitted to Franchisor satisfactory evidence that he has become entitled to succeed to the rights of Franchisee hereunder, agrees to assume all obligations of Franchisee hereunder and agrees to be bound by all the terms and provisions of this Agreement to the same extent and manner as Franchisee, and executes such personal undertakings as Franchisor shall reasonably require. Any consent of Franchisor hereunder shall not constitute consent to any subsequent assignment or transfer.
DEATH OR DISABILITY OF FRANCHISEE. Upon the death or permanent disability of FRANCHISEE, the executor, administrator, conservator or other personal representative of such person shall appoint a competent STORE manager within a reasonable time, not to exceed thirty (30) days from the date of death or permanent disability. The appointment of such manager shall be subject to the COMPANY's prior written approval, and such manager shall, if requested by the COMPANY, attend and satisfactorily complete the COMPANY's training program. Upon the death or permanent disability of FRANCHISEE, and in addition to the foregoing obligation to appoint a manager, the executor, administrator, conservator, or other personal representative of such person shall transfer FRANCHISEE's interest within a reasonable time, not to exceed twelve (12) months from the date of death or permanent disability, to a person approved by the COMPANY. Such transfers, including, without limitation, transfers by devise or inheritance, shall be subject to all the terms and conditions for assignments and transfers contained in Paragraphs B and C of this Section 13. Failure to so dispose of such interest within said period of time shall constitute grounds for termination.
