DEVELOPMENT RIGHTS AND OBLIGATIONS. 8.1 In connection with RESELLER’s exercise of the rights set forth in Section 2.2(iv) above, FAST shall provide RESELLER with necessary APIs and documentation. In addition, RESELLER may obtain support from FAST’s professional services department at hourly rates then in effect.
8.2 Prior to distributing any application, connector or other code developed under Section 2.2(iv) (hereinafter referred to as a “Development”), RESELLER shall provide such Development to FAST solely for purposes of testing and evaluation, at FAST’s sole expense, to determine compatibility between the Development and the Product. If FAST opts to perform such testing and evaluation, it shall treat the results thereof as confidential. If FAST, in its reasonable discretion, determines that the Development is not compatible with the Product, FAST may terminate this Agreement upon thirty days written notice if RESELLER fails to modify the Development so that it is compatible within that time frame.
8.3 RESELLER shall indemnify and hold FAST harmless from any third party claims and resulting losses, costs, liabilities and expenses (including reasonable attorney’s fees) related to Developments.
8.4 RESELLER shall modify Developments to the extent necessary for them to work with updated versions of the Product, within a time-frame that will allow RESELLER to comply with its obligations under Section 5.4 above.
DEVELOPMENT RIGHTS AND OBLIGATIONS. 8.1 In connection with RESELLER’s exercise of the rights set forth in Section 2.2(iv) above, [*] shall provide RESELLER with necessary APIs and documentation. In addition, RESELLER may obtain support from [*]’s professional services department.
8.2 Prior to distributing any application, connector or other code developed under Section 2.2(iv) (hereinafter referred to as a “Development”), RESELLER shall provide such Development to [*] solely for purposes of testing and evaluation to determine compatibility between the Development and the Product. If [*] opts to perform such testing and evaluation, it shall treat the results thereof as confidential. If [*], in its reasonable discretion, determines that the Development is not compatible with the Product, [*] may terminate this Agreement upon thirty days written notice if RESELLER fails to modify the Development so that it is compatible within that time frame.
8.3 RESELLER shall retain all rights to any Development that is not a derivative work, and shall indemnify and hold [*] harmless from any third party claims and resulting losses, costs, liabilities and expenses (including reasonable attorney’s fees) related to Developments.
8.4 RESELLER shall modify Developments to the extent necessary for them to work with updated versions of the Product, within sixty days of updated versions being made available to RESELLER.
DEVELOPMENT RIGHTS AND OBLIGATIONS. 7.1 Prior to distributing any Development, Client shall provide such Development to Software Owner solely for purposes of testing and evaluation to determine compatibility between the Development and the Product. Client must obtain Software Owner’s approval of compatibility prior to distributing a Development, which approval shall not be unreasonably delayed, conditioned or withheld.
7.2 Client shall modify Developments to the extent necessary and practicable for them to work with updated versions of the Product, within sixty days of updated versions being made available to Client.
DEVELOPMENT RIGHTS AND OBLIGATIONS. 4.1 Subject to the provisions of this Agreement, we grant to you the Development Rights, as described in Section 1.1. Notwithstanding any other provision of this Agreement, Development Rights under this Agreement may or may not, in our sole discretion, include the right to develop Restaurants at any “Non-Traditional Sites”. Non-Traditional Sites include without limitation military bases, hotels, high school and college campuses, airports, train stations, travel plazas, toll roads, prisons, hospitals, convenience stores, casinos, sports or entertainment venues or stadiums, and retail restaurant locations being sublet under a lease to a master concessionaire, whether currently existing or constructed or established subsequent to the date hereof.
4.2 Provided you are in full compliance with all the terms and conditions of this Agreement, including without limitation your development obligations described in Section 3.2 and the Minimum Performance Schedule, and you are in full compliance with all of your obligations under all franchise agreements executed pursuant to this Agreement, then during the term of this Agreement neither we nor any of our affiliates will develop or operate or grant franchises for the development or operation of Restaurants within the Development Area, except the franchises that are granted to you pursuant to this Agreement and except as otherwise expressly provided in this Agreement.
4.3 Upon the termination or expiration of this Agreement, we and our affiliates shall have the right to develop and operate, and to grant to others development rights and franchises to develop and operate, Restaurants within the Development Area subject only to the territorial rights granted to you with respect to Restaurants operated by you pursuant to the Franchise Agreements and subject, further, to the right of first refusal described in Section 6 below.
4.4 Except as expressly limited by Section 3.2 above, we and our affiliates retain all rights with respect to Restaurants, the Marks and the sale of any goods and services, anywhere in the world, including, without limitation, the right:
4.4.1 to produce, offer and sell and to grant others the right to produce, offer and sell the products offered at Restaurants and any other goods displaying the Marks or other trade and service marks through alternative distribution channels, as described below, both within and outside the Development Area, and under any terms and conditions we deem appropriate. “Alter...
DEVELOPMENT RIGHTS AND OBLIGATIONS. 1.1 Franchisor grants Developer the exclusive right, except as provided in Section 1.4 hereof, during the initial term set forth in Section 2.1, and Developer undertakes the obligation, pursuant to the terms and conditions of this Agreement, to develop a minimum of _____________ (___) Bakeries, solely within the territory defined in Exhibit B to this Agreement (the "Development Area"). The Bakeries shall be located only at the specific locations approved in writing by Franchisor pursuant to Section 4.1
DEVELOPMENT RIGHTS AND OBLIGATIONS. 10 A. XXXXX XX DEVELOPMENT RIGHTS; PRINCIPAL OWNERS' GUARANTY.................................................................... 10 B.
DEVELOPMENT RIGHTS AND OBLIGATIONS. A. XXXXX XX DEVELOPMENT RIGHTS; PRINCIPAL OWNERS' GUARANTY. DEVELOPER has requested that COMPANY grant to DEVELOPER the right to develop, own and operate, strictly in accordance with the Sub-Area Development Quotas and the Total Development Quota, Stores in the Development Area. DEVELOPER's request, with respect to the Principal Marks, the other Marks associated with the Principal Marks and those elements of the System associated with the Principal Marks and concepts associated therewith (as listed on Exhibit K attached hereto), has been approved by COMPANY in reliance upon all of the representations made by DEVELOPER and its Owners in any submitted application and/or during the application process and in the Developer Acknowledgements and Representations Statement, a copy of which is attached to this Agreement as Exhibit H and which shall be executed by DEVELOPER concurrently with this Agreement. Within sixty (60) days of execution of this Agreement, DEVELOPER agrees to prepare and submit to COMPANY for COMPANY's review, amendment, and approval a real estate development plan for developing DEVELOPER Stores in the Development Area (the "MARKET REAL ESTATE DEVELOPMENT PLAN") (which shall utilize, among other sources, information from the Demographic Detail Report (defined below in Section 6.A.) which DEVELOPER purchases from COMPANY). Provided that DEVELOPER is in full compliance with all of the terms and conditions of this Agreement, including, without limitation, the development obligations contained in Section 3.C. hereof, and DEVELOPER is in full compliance with all of their obligations under all License Agreements executed pursuant hereto and the Franchise Agreements, COMPANY will grant to DEVELOPER during the Development Term and in accordance with Section 6 hereof, the right to develop and operate the number of Stores in each Sub-Area of the Development Area as
DEVELOPMENT RIGHTS AND OBLIGATIONS. 1.1 Franchisor grants Developer the exclusive right (to the extent described in Section 1.4), pursuant to the terms and conditions of this Agreement, to develop Bakeries within the territory defined in Exhibit B to this Agreement (the "Development Area"). The Bakeries shall be located only at the specific locations approved in writing by Franchisor pursuant to Section 4.1
DEVELOPMENT RIGHTS AND OBLIGATIONS. 2.1 Developer has requested that Franchisor grant to Developer the right to develop, own and operate certain Bakeries within the Development Area in accordance with the Development Schedule. Provided that Developer is in full compliance with all of the terms and conditions of this Agreement, including without limitation, the development obligations set forth in Section 2.4 hereof, and the Unit Franchise executed pursuant to this Agreement, Franchisor will grant Developer during the Agreement Term, and in accordance with the provisions hereof, the right to develop and operate the number of Bakeries specified in the Development Schedule. Developer acknowledges and agrees that Developer's rights hereunder are limited to the designated number of Bakeries and the schedule and timing of store openings in the Development Area during the term of the Development Schedule as set forth herein. Developer is not granted any rights to develop or operate, and Developer will not develop or operate, Bakeries outside of the Development Area, except pursuant to rights granted to Developer under other written agreements entered into with Franchisor.
2.2 Developer expressly acknowledges and agrees that it has no right to renew its rights under this Agreement upon expiration of the Agreement Term. Developer acknowledges and agrees that the execution and delivery of this Agreement shall constitute notice to Developer of non-renewal for the purposes of fulfilling the requirements of any applicable state or federal law governing the non-renewal of franchise or development rights.
DEVELOPMENT RIGHTS AND OBLIGATIONS. Subject to the terms and conditions of this Agreement, Bioeq shall be solely responsible for the Development of Licensed Products and shall bear all costs and expenses relating thereto.
