Developer acknowledges and understands Sample Clauses

Developer acknowledges and understands that the rights granted hereunder are for the development of full-service O'Charley's restaurants. Except as provided in this Agreement, and subject to Developer's full compliance with this Agreement and any other agreements among Developer, or any of its Affiliates and Licensor or any of its Affiliates, neither Licensor nor its Affiliates shall establish or authorize any other person or any other corporation, limited liability company, partnership, limited partnership, joint venture, association, trust, unincorporated association or any other business entity (each, an "Entity"), other than Developer, to establish a Restaurant in the Territory during the term of this Agreement. Notwithstanding the above, Developer acknowledges and agrees that Licensor and its Affiliates operate restaurants under the trademark O'Charley's(R) and further agrees and acknowledges that the rights granted hereby are only for the development and operation of one (1) or more full-service O'Charley's restaurants, and, therefore, Licensor and its Affiliates may conduct (or authorize one or more third parties to conduct) the following activities: (1) Licensor, its Affiliates, any O'Charley's developer or operator and any other authorized person or Entity shall have the right, at any time, to advertise and promote the System, and fill customer orders by providing catering and/or delivery services in the Territory. (2) Licensor and its Affiliates may offer and sell (or may authorize others to offer and sell) collateral and ancillary products and services under the Proprietary Marks which may be similar to those offered by the Restaurants in the Territory if offered and sold other than through a full-service O'Charley's restaurant, such as pre-packaged food products, t-shirts and O'Charley's memorabilia. (3) Subject to the requirements of Section I(B)(4), Licensor and its Affiliates may (a) offer and sell in the Territory (or may authorize others to offer and sell) such products and services under the Proprietary Marks through any permanent, temporary or seasonal food service facility (e.g., a kiosk, concession or multi-brand facility) that will provide a limited number or representative sample of the products and services normally offered by, and be located in a smaller facility than, a full-service O'Charley's restaurant ("Alternative Distribution Facilities"), or (b) operate (or authorize others to operate) in the Territory a full-service O'Charley's restaurant or other similar food ...
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Related to Developer acknowledges and understands

  • Evaluation and Understanding (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.

  • Entire Understanding This Amendment sets forth the entire understanding of the parties with respect to the matters set forth herein, and shall supersede any prior negotiations or agreements, whether written or oral, with respect thereto.

  • Additional Agreements and Understandings Even though FICO will provide consideration for me to settle and release My Claims, the Company does not admit that it is responsible or legally obligated to me. In fact, the Company denies that it is responsible or legally obligated to me for My Claims, denies that it engaged in any unlawful or improper conduct toward me, and denies that it treated me unfairly.

  • Prior Understanding This Agreement and the other Loan Documents supersede all prior understandings and agreements, whether written or oral, between the parties hereto and thereto relating to the transactions provided for herein and therein, including any prior confidentiality agreements and commitments.

  • Entire Agreement; No Other Representations This Agreement (including any exhibits hereto), the Company Disclosure Letter, the Parent Disclosure Letter and the Confidentiality Agreement constitute the entire agreement, and supersede all other prior agreements, understandings, representations and warranties both written and oral, among the parties, with respect to the subject matter hereof. EACH PARTY HERETO AGREES THAT, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT, NEITHER PARENT AND MERGER SUB NOR THE COMPANY MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES, AND EACH HEREBY DISCLAIMS ANY OTHER REPRESENTATIONS OR WARRANTIES MADE BY ITSELF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FINANCIAL AND LEGAL ADVISORS OR OTHER REPRESENTATIVES, WITH RESPECT TO THE EXECUTION AND DELIVERY OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, NOTWITHSTANDING THE DELIVERY OR DISCLOSURE TO THE OTHER OR THE OTHER’S REPRESENTATIVES OF ANY DOCUMENTATION OR OTHER INFORMATION WITH RESPECT TO ANY ONE OR MORE OF THE FOREGOING.

  • Project Understanding Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. Authorized representatives of the CITY may at all reasonable times review and inspect the PROJECT activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONSULTANT.

  • Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

  • Compliance with this Agreement The Purchaser shall have performed and complied with all of its agreements and conditions set forth or contemplated herein that are required to be performed or complied with by the Purchaser on or before the Closing Date.

  • Understanding of Agreement Executive represents and warrants that he has read and understood each and every provision of this Agreement, and Executive understands that he has the right to obtain advice from legal counsel of choice, if necessary and desired, in order to interpret any and all provisions of this Agreement, and that Executive has freely and voluntarily entered into this Agreement.

  • Assessment and Understanding It is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of that Transaction. It is also capable of assuming, and assumes, the risks of that Transaction.

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