During Term. During the Employee’s employment with the Employer, the Employee shall not, individually or jointly with others, directly or indirectly, whether for the Employee’s own account or for that of any other person or entity, engage in or own or hold any ownership interest in any person or entity engaged in a restaurant business, and the Employee shall not act as an officer, director, employee, partner, independent contractor, consultant, principal, agent, proprietor, or in any other capacity for, nor lend any assistance (financial or otherwise) or cooperation to any such person or entity.
During Term. (a) On giving not less than 5 Business Days irrevocable notice to the Redraw Facility Provider the Trustee:
(i) may, in its absolute discretion and with no obligation to do so; or
(ii) must, at the direction of the Manager, cancel all or part of the Redraw Limit during the Term.
(b) A partial cancellation must be in a minimum of A$250,000 and a whole multiple of A$50,000 unless the Redraw Facility Provider agrees otherwise.
During Term. Title to all Improvements constructed or placed on the Premises by Tenant and paid for by Tenant are and shall be vested in Tenant during the entire Term of this Lease, until the expiration or earlier termination thereof. The Parties agree for themselves and all persons claiming under them that the Improvements are real property.
During Term. Except with the prior written consent of the Employer, during the Employee’s employment with the Employer, the Employee shall not, individually or jointly with others, directly or indirectly, whether for the Employee’s own account or for that of any other person or entity, engage in or own or hold any ownership interest in any person or entity engaged in a full service restaurant business, and the Employee shall not act as an officer, director, employee, partner, independent contractor, consultant, principal, agent, proprietor or in any other capacity for, nor lend any assistance (financial or otherwise) or cooperation to, any such person or entity.
During Term. During the term of this Agreement or any written extension hereof, the Union shall not call nor authorize any strike against the Employer at the establishment covered by this Agreement, and the Employer will not lock out any employee. For the purpose of this Article, a walk-out, sit-in, sick-out, slow-down, sympathy-strike, or other work stoppage will be considered a strike. If an employee or employees engage in any strike, and the Employer notifies the Union of such action, a representative of the Union shall, as promptly as possible, instruct the employees to cease such action and promptly return to their jobs. Employees who participate in a strike in violation of this Article will be subject to discipline up to and including termination. In the event of a violation of the no-strike provision, the Union will:
A. Publicly disavow such action by the workers;
B. Notify the workers of its disapproval of such action and instruct them to cease such action and return to work immediately;
C. Post notices on Union bulletin boards advising that it disapproves such action, and instructing workers to return to work immediately. In recognition of the unique partnership between the Union and the Employer that has led up to this Agreement, the Union will not conduct informational picketing during the term of this Agreement. This provision will sunset on the last day of this agreement and not continue unless specifically renegotiated.
During Term. The Company shall pay the Leasing Agent the Leasing Fee, if, during the Term of this Leasing Agreement, a third party tenant is procured by the Leasing Agent or a Sub-Agent, and if such tenant and the Owner enter into a written lease covering all or part of the Property and if such lease is fully executed by the Owner and such tenant.
During Term. During the term of this Agreement or any written extension hereof unless expressly authorized by the specific terms of this Agreement, the Union, on behalf of its officers, agents and members, and all employees covered by this Agreement, agrees not to cause, sanction or take part in any strike (whether it be economic, unfair labor practice, sympathy or otherwise), slowdown, walkout, sit-down, stoppage of work, retarding of work or boycott, coordinating of sick-out, or any other activities which interfere, directly or indirectly, with the Employer’s operations at this facility. The Employer agrees that there shall be no lockout at this facility during the life of this Agreement. The Employer shall have the right to discharge or discipline any or all workers who engage in any conduct in violation of this Article. In light of the parties mutual commitment to maintaining a collaborative working relationship, the Union will not conduct informational picketing of the facility during the life of the agreement. This provision shall sunset on the expiration date of the agreement and shall not continue in a contract extension unless specifically agreed upon by the parties.
During Term. As a Speakers Bureau Member, Speaker enjoys a high profile and positive reputation with the network of UnFranchise Owners. Speaker receives this broad recognition and approval by virtue of his/her status as a Speakers Bureau Member, which privilege is conferred upon Speaker at the discretion of Market America. Thus, due to the sensitive information received as a Speakers Bureau Member, during the term of this Agreement, Speaker may not solicit, directly or indirectly (including but not limited to the use of websites and social media), or through a third party, another UnFranchise Owner or customer to enroll or participate in a Competing Company, whether or not the UnFranchise Owner or customer was personally sponsored by Speaker.
During Term. Due to the sensitive information received by Speaker, Speaker is prohibited from, directly or indirectly, acting in any capacity on behalf of a Competing Company during the term of the Agreement. Speaker agrees that he/she is also prohibited from, directly or indirectly, using Proprietary and Confidential Information to offer or promote any non-Market America products or business opportunities to UnFranchise Owners or customers regardless of whether such business opportunities or products relate to a Competing Company.
During Term. Except with the prior written consent of the Company, during the Executive’s employment with the Company, the Executive shall not, individually or jointly with others, directly or indirectly, whether for the Executive’s own account or for that of any other person or entity, engage in or own or hold any ownership interest in any person or entity engaged in a full service restaurant business, and the Executive shall not act as an officer, director, employee, partner, independent contractor, consultant, principal, agent, proprietor or in any other capacity for, nor lend any assistance (financial or otherwise) or cooperation to, any such person or entity.
