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:
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, 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 his interest in this Agreement or such interest in FRANCHISEE to a third party approved by COMPANY. 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 for transfers contained in Paragraph C of this Section and, unless transferred by gift, devise or inheritance, subject to the terms of Paragraph G of this Section. Failure to transfer the interest in this Agreement or such interest in FRANCHISEE within said period of time shall constitute a breach of this Agreement. For purposes hereof, the term "permanent disability" shall mean a mental or physical disability, impairment or condition that is reasonably expected to prevent or actually does prevent FRANCHISEE or an owner of a controlling interest in FRANCHISEE from supervising the management and operation of the STORE for a period of six (6) months from the onset of such disability, impairment or condition. If, after the death or permanent disability of FRANCHISEE or a controlling owner of FRANCHISEE, the STORE is not being managed by a competent and trained manager, COMPANY is authorized, but not obligated, to appoint a manager to maintain the operation of the STORE until an approved assignee shall be able to assume the management and operation of the STORE, but in no event for a period exceeding six (6) months, without the approval of the personal representative of FRANCHISEE or such owner. All funds from the STORE's operation during the period of management by a COMPANY appointed manager shall be kept in a separate fund and all expenses of the STORE, including compensation, other costs and travel and living expenses of COMPANY appointed manager, shall be charged to such fund. As compensation for the management services provided, in addition to the fees due hereunder and the compensation, other costs and travel and living expenses which COMPANY's appointed manager incurs, COMPANY shall charge such fund five percent (5%) of the STORE's Gross Sales during the period of COMPANY's management. O...
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. 12.07
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 Area Developer or, if Area Developer is a corporation or partnership, the owner of a "Controlling Interest"(as defined in Section 59 of this Agreement) in Area Developer, the executor, administrator, conservator, guardian or other personal representative of such Owner shall transfer Area Developer's interest in this Agreement or such interest in Area Developer to Pretzel Time. Such disposition of this Agreement or such interest in Area Developer 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 44 of this Agreement. Failure to transfer the interest in this Agreement or such interest in Area Developer within said period of time shall constitute a breach of this Agreement. 41.
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 a guarantor of FRANCHISEE's obligations under this Agreement or an owner of 40% or more of the equity securities of a corporate FRANCHISEE), the executor, administrator, conservator, guardian or other personal representative of such person shall transfer his or her interest in this Agreement or such interest in FRANCHISEE to an approved third party. Such disposition of this Agreement or such interest (including, without limitation, transfer by bequest or inheritance) shall be completed within a reasonable time, not to exceed six months from the date of death or permanent disability, and shall be subject to all the terms and conditions applicable to transfers contained in Article 13 of this Agreement. Failure to transfer the interest in this Agreement or such interest in FRANCHISEE within said period of time shall constitute a breach of this Agreement. For purposes hereof, the term "permanent disability" shall mean a mental or physical disability, impairment or condition that is reasonably expected to prevent or actually does prevent FRANCHISEE, Guarantor or an owner of 40% or more of the equity securities of a corporate FRANCHISEE from supervising the management and operation of the Franchised Business for a period of six months from the onset of such disability, impairment or condition.
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. 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.
