DEATH OR INCAPACITY OF FRANCHISEE. A. In the event of the death or incapacity of an individual Franchisee, or any partner of a Franchisee which is a partnership or any shareholder owning fifty percent (50%) of more of the capital stock of a Franchisee which is a corporation, the heirs, beneficiaries, devisees, or legal representatives of said individual, partner or shareholders shall, within one hundred eighty (180) days of such event:
1. Apply to Franchisor for the right to continue to operate the franchise for the duration of the term of this Agreement and any renewals hereof, which right shall be granted upon the fulfillment of all of the conditions set forth in Paragraph XVII.B.2.b of this Agreement (except that no transfer fee shall be required); or
2. Sell, assign, transfer, or convey Franchisee's interest in compliance with the provisions of Paragraphs XVIII.B. and XX. of this Agreement; provided, however, in the event a proper and timely application for the right to continue to operate has been made and rejected, the one hundred eighty (180) days to sell, assign, transfer or convey shall be computed from the date of said rejection. For purposes of this Paragraph, Franchisor's silence on an application through the one hundred and eighty (180) days following the event of death or incapacity shall be deemed a rejection made on the last day of such period.
B. In the event of the death or incapacity of an individual Franchisee, or any partner or shareholder of a Franchisee which is a partnership or corporation, where the aforesaid provisions of Paragraph XVIII have not been fulfilled within the time provided, all rights franchised to Franchisee under this Agreement shall, at the option of Franchisor, terminate forthwith and Franchisor shall have the option to purchase the assets of Franchised Business in accordance with Paragraph XVII.J. of this Agreement.
DEATH OR INCAPACITY OF FRANCHISEE. In the event of the death or incapacity of an individual Franchisee, or of any shareholder, partner, or member in a franchise that is a business entity, the legal representative of the individual Franchisee, or of the surviving shareholders, partners, or members in case of a business entity, may for a period of ninety (90) days from the date of death or incapacitation continue to operate the franchise, provided that the operation is conducted in accordance with the terms of this Agreement and any other agreements with BRCB.
DEATH OR INCAPACITY OF FRANCHISEE. A. In the event of the death or incapacity of any person with an ownership interest in this Agreement, the heirs, beneficiaries, devisee, or legal representatives of said individual, partner, member or shareholder shall, within one hundred eighty (180) days of such event:
1. Agreement (except that no transfer fee shall be required) and upon appointing a designated manager to operate the Franchised Business which manager must begin Franchisor's training program no later than six (6) months after the date of Franchisee's death or disability; or
DEATH OR INCAPACITY OF FRANCHISEE. The Franchise may be transferred to the heirs or personal representative of the FRANCHISEE upon the death or incapacity of FRANCHISEE upon written approval of BDI on the same terms and conditions as any other assignment of the franchise.
DEATH OR INCAPACITY OF FRANCHISEE. If you die or become permanently incapacitated, your personal representative must transfer your interest in this Agreement, the Franchise and the Franchised Distributorship to a third party (whom we approve) within a reasonable time, not to exceed nine (9) months from the date of death or permanent incapacity. The transfer will be subject to all the terms and conditions applicable to transfers contained in this Section 13. Failure to dispose of the interest in this Agreement, the Franchise and the Franchised Distributorship within this period of time will be a breach of this Agreement. The term "
DEATH OR INCAPACITY OF FRANCHISEE. A. In the event of the death or incapacity of an individual Franchisee, or any Franchisee Party, the Franchise Agreement shall be terminated forthwith and all rights granted to Franchisee under this Franchise Agreement shall, at the option of TA, terminate forthwith and automatically revert to TA.
B. Notwithstanding the foregoing, the heirs, beneficiaries, devisees, or legal representatives of such person may, within one hundred eighty (180) days of such death or incapacity:
1. apply to TA for the right to continue to operate the TA Franchise for the duration of the term of this Franchise Agreement and any renewals hereof, which right shall be granted upon the fulfillment of all of the conditions set forth in Section XIX(C) of this Franchise Agreement (except that no transfer fee shall be required); or
2. sell, assign, transfer, or convey Franchisee's interest in compliance with the provisions of Section XIX(C) and Section XXI of this Franchise Agreement; provided, however, in the event a proper and timely application for the right to continue to operate has been made and rejected, the one hundred eighty (180) days to sell, assign, transfer or convey shall be computed from the date of the rejection.
DEATH OR INCAPACITY OF FRANCHISEE a. In the event of the death or Incapacity of Franchisee, if Franchisee is an individual, or of any shareholder, partner, or limited liability company member in a franchise that is a business entity, the legal representative of the individual Franchisee, or of the surviving shareholders, partners, or members in the case of a business entity, may for a period of ninety (90) days from the date of death or incapacitation continue to operate the franchise, provided that the operation is conducted in accordance with the terms of this Agreement and any other agreements with USI. In this Agreement, “Incapacity” means a mental or physical disability, impairment, or other condition that is reasonably expected to prevent or actually does prevent Franchisee, if Franchisee is an individual, or an owner of a 40% or more interest in Franchisee, if Franchisee is a business entity, from supervising the management and operation of the franchised business for a period of at least four months from the onset of the disability, impairment, or condition.
DEATH OR INCAPACITY OF FRANCHISEE. 22.01. In order to prevent any interruption of the Franchised Business, in the event of (a) the death or Incapacity of an individual Franchisee or any Franchisee Party; or (
DEATH OR INCAPACITY OF FRANCHISEE. 32 ARTICLE XXII OPERATION IN THE EVENT OF ABSENCE OR DISABILITY . . . . . . . . . . . . . . . . . . . . 32 ARTICLE XXIII INJUNCTIVE RELIEF . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE XXIV
DEATH OR INCAPACITY OF FRANCHISEE. 21.1 In the event of the death, permanent incapacity or disability of Franchisee, i.e., he/she is unable to operate the Franchised Business, as an individual Franchisee, or any partner of a Franchisee which is a partnership, or any shareholder owning fifty percent (50%) or more of the capital stock of a franchisee which is a corporation, the Franchisor shall consent to a transfer of said Franchisee's interest to his/her heirs, beneficiaries or family designees, (hereinafter referred to in this Article as "Transferee") without payment of a transfer fee, subject to the following conditions: A. The Transferee must complete and be approved through Franchisor's standard franchise selection process including satisfactorily demonstrating to Franchisor that he/she meets the financial character and managerial criteria as Franchisor shall then be applying in considering applications for new Franchisees; B. The Transferee shall agree, in writing, to personally assume liability for and to perform all the terms and conditions of this Agreement to the same extent as the original Franchisee; and C. The transfer occurs within thirty (30) days following the death, permanent incapacity or disability of Franchisee.
