Common use of Developer and Operating Clause in Contracts

Developer and Operating. Principal covenant that during the term of this Agreement (except as otherwise approved in writing by Licensor) Developer and Operating Principal (and any approved designee for Operating Principal) shall devote their full time, energy and best efforts to the management and operation of the development activities contemplated under this Agreement. (1) Neither Developer nor any Controlling Principal shall, during the term of this Agreement and thereafter, communicate or divulge to, or use for the benefit of, any other person, persons or Entity and following the termination or expiration of this Agreement, shall not use for their own benefit, any confidential information, knowledge or know-how concerning the methods of development and operation of the Restaurants which may be communicated to Developer or any Controlling Principal or of which they may be apprised. Developer and each Controlling Principal shall disclose such confidential information only to Controlling Principals and Developer's personnel who must have access to it in connection with their employment with Developer. Any and all information, knowledge, know-how, techniques and any materials used in or related to the System which Licensor provides to Developer in connection with this Agreement shall be deemed confidential for the purposes of this Agreement. Neither Developer nor Controlling Principals shall at any time, without Licensor's prior written consent, copy, duplicate, record or otherwise reproduce such materials or information, in whole or in part, nor otherwise make the same available to any unauthorized person. The covenants in this Section shall survive the expiration, termination or transfer of this Agreement or any interest herein and shall be perpetually binding upon Developer and each Controlling Principal; provided, however, if the jurisdiction in which this covenant is sought to be enforced does not allow perpetual binding, then the maximum amount of time allowed under the applicable law. (2) Developer shall require and obtain execution of covenants similar to those set forth in Section IX(B)(1) from each of its Principals who are not required to sign this Agreement as a Controlling Principal or as Operating Principal. Such covenants shall be substantially in the form contained in Attachment C. Developer shall provide Licensor with executed copies of all such agreements within ten (10) days after they are executed.

Developer and Operating. Principal covenant that during the term of this Agreement (except as otherwise approved in writing by Licensor) Developer and Operating Principal (and any approved designee for Operating Principal) shall devote their full time, energy and best efforts to the management and operation of the development activities contemplated under this Agreement. (1) Neither Developer nor any of the Controlling Principal Principals shall, during the term of this Agreement and thereafter, communicate or divulge to, or use for the benefit of, any other person, persons or Entity and following the termination or expiration of this Agreement, shall not use for their own benefit, any confidential information, knowledge or know-how concerning the methods of development and operation of the Restaurants which may be communicated to Developer or any of the Controlling Principal Principals or of which they may be apprisedapprised under this Agreement. Developer and each of the Controlling Principal Principals shall disclose such confidential information only to the Controlling Principals and Developer's personnel who must have access to it in connection with their employment with Developer. Any and all information, knowledge, know-how, techniques and any materials used in or related to the System which Licensor provides to Developer in connection with this Agreement shall be deemed confidential for the purposes of this Agreement. Neither Developer nor the Controlling Principals shall at any time, without Licensor's prior written consent, copy, duplicate, record or otherwise reproduce such materials or information, in whole or in part, nor otherwise make the same available to any unauthorized person. The covenants in this Section shall survive the expiration, termination or transfer of this Agreement or any interest herein and shall be perpetually binding upon Developer and each of the Controlling PrincipalPrincipals; provided, however, if the jurisdiction in which this covenant is sought to be enforced does not allow perpetual binding, then the maximum amount of time allowed under the applicable law. (2) Developer shall require and obtain execution of covenants similar to those set forth in Section IX(B)(1) from each of its Principals who are not required to sign this Agreement as a Controlling Principal or as Operating Principal. Such covenants shall be substantially in the form contained in Attachment C. Developer shall provide Licensor with executed copies of all such agreements within ten (10) days after they are executed.

Developer and Operating. Principal covenant that during the term of this Agreement (except as otherwise approved in writing by Licensor) Developer and Operating Principal (and any approved designee for Operating Principal) shall devote their full time, energy and best efforts to the management and operation of the development activities contemplated under this Agreement. (1) Neither Developer nor any Controlling Principal shall, during the term of this Agreement and thereafter, communicate or divulge to, or use for the benefit of, any other person, persons or Entity and following the termination or expiration of this Agreement, shall not use for their own benefit, any confidential information, knowledge or know-how concerning the methods of development and operation of the Restaurants which may be communicated to Developer or any Controlling Principal or of which they may be apprised. Developer and each Controlling Principal shall disclose such confidential information only to Controlling Principals Principal and Developer's personnel who must have access to it in connection with their employment with Developer. Any and all information, knowledge, know-how, techniques and any materials used in or related to the System which Licensor provides to Developer in connection with this Agreement shall be deemed confidential for the purposes of this Agreement. Neither Developer nor Controlling Principals Principal shall at any time, without Licensor's prior written consent, copy, duplicate, record or otherwise reproduce such materials or information, in whole or in part, nor otherwise make the same available to any unauthorized person. The covenants in this Section shall survive the expiration, termination or transfer of this Agreement or any interest herein and shall be perpetually binding upon Developer and each Controlling Principal; provided, however, if the jurisdiction in which this covenant is sought to be enforced does not allow perpetual binding, then the maximum amount of time allowed under the applicable law. (2) Developer shall require and obtain execution of covenants similar to those set forth in Section IX(B)(1) from each of its Principals Principal who are not required to sign this Agreement as a Controlling Principal or as Operating Principal. Such covenants shall be substantially in the form contained in Attachment C. Developer shall provide Licensor with executed copies of all such agreements within ten (10) days after they are executed.