Common use of Effect of Termination or Nonrenewal Clause in Contracts

Effect of Termination or Nonrenewal. After receiving notice of termination or nonrenewal and until the effective date of the termination or nonrenewal, Buyer will continue to operate the Premises in accordance with this Agreement. (a) From and after the effective date of termination or nonrenewal, Buyer will immediately discontinue all use of trade dress and Marks associated with ARCO, including without limitation use of such trade dress and Marks on dispensers, pumps, containers, storage equipment, buildings, canopies, pump islands, pole signs, advertising, stationery and invoices. From and after the effective date of termination or nonrenewal, Buyer will not adopt or use any trademarks trade dress or symbols in the operation of the Premises that are confusingly similar to ARCO's, including without limitation, any four letter name or xxxx starting with (i) the letter "A" or (ii) any vowel and having the letter "R" as a second letter, and Buyer will not use or employ as a symbol, xxxx or design any geometric design that is red or any colored horizontal striping that is predominately red and blue. Further, Buyer will remove from all trade directories and telephone book listings all reference to the Marks. Upon the effective date of the termination or nonrenewal, Buyer will promptly return to ARCO or destroy, whichever ARCO directs, all signs, advertising, graphics and other materials in Buyer's possession bearing any Marks or used in any trade dress. In addition, Buyer hereby agrees that ARCO may enter the Premises to remove or cover up any trade dress or advertisements bearing any Marks. If Buyer terminates or does not renew this Agreement or if ARCO terminates or does not renew this Agreement for a reason set forth in Paragraph 17.1 or 17.2 above, then Buyer shall pay for the removal or covering up of all trade dress and trademarks as required hereunder. For a reasonable period following the effective date of Buyer's termination or nonrenewal and at no charge, ARCO may keep any ARCO property still located on the Premises in place while negotiating for its sale or removal. (b) If this is the first agreement between Buyer and ARCO for the supply of Product at the Premises, Buyer will repay ARCO all reimbursements and direct payments made by ARCO under Paragraph 14.3 upon (i) the mutual termination of this Agreement prior to or at the end of the first twelve months, (ii) the termination of this Agreement by ARCO or Buyer during the first twelve months or (iii) the nonrenewal of this Agreement by ARCO or Buyer at the end of the first twelve months (if this is a trial franchise as defined under Section 2803 of the PMPA). (c) If this is the first agreement between Buyer and ARCO for the supply of Product at the Premises with a term of more than one year and Buyer has been a party to an agreement regarding the Premises with ARCO for the supply of Product for less than thirty-six months, then after the first twelve months Buyer will pay ARCO, on a pro rata basis as described below, the amount of all reimbursements and direct payments made by ARCO under Paragraph 14.3 upon the mutual termination of this Agreement or termination or nonrenewal by Buyer or by ARCO for a reason set forth in Paragraph 17.1 or 17.2 above. The pro rata amount which Buyer is obligated to pay shall be calculated by multiplying the total of the reimbursements and direct payments made by ARCO under Paragraph 14.3 times (a) two-thirds during the thirteenth through twenty-fourth month of this Agreement or (b) one-third during the twenty-fifth through thirty-sixth month of this Agreement.

Effect of Termination or Nonrenewal. After receiving notice of ----------------------------------- termination or nonrenewal and until the effective date of the termination or nonrenewal, Buyer will continue to operate the Premises in accordance with this Agreement. (a) From and after the effective date of termination or nonrenewal, Buyer will immediately discontinue all use of trade dress and Marks associated with ARCO, including without limitation use of such trade dress and Marks on dispensers, pumps, containers, storage equipment, buildings, canopies, pump islands, pole signs, advertising, stationery and invoices. From and after the effective date of termination or nonrenewal, Buyer will not adopt or use any trademarks trade dress or symbols in the operation of the Premises that are confusingly similar to ARCO's, including without limitation, any four letter name or xxxx starting with (i) the letter "A" or (ii) any vowel and having the letter "R" as a second letter, and Buyer will not use or employ as a symbol, xxxx or design any geometric design that is red or any colored horizontal striping that is predominately red and blue. Further, Buyer will remove from all trade directories and telephone book listings all reference to the Marks. Upon the effective date of the termination or nonrenewal, Buyer will promptly return to ARCO or destroy, whichever ARCO directs, all signs, advertising, graphics and other materials in Buyer's possession bearing any Marks or used in any trade dress. In addition, Buyer hereby agrees that ARCO may enter the Premises to remove or cover up any trade dress or advertisements bearing any Marks. If Buyer terminates or does not renew this Agreement or if ARCO terminates or does not renew this Agreement for a reason set forth in Paragraph 17.1 or 17.2 above, then Buyer shall pay for the removal or covering up of all trade dress and trademarks as required hereunder. For a reasonable period following the effective date of Buyer's termination or nonrenewal and at no charge, ARCO may keep any ARCO property still located on the Premises in place while negotiating for its sale or removal. (b) If this is the first agreement between Buyer and ARCO for the supply of Product at the Premises, Buyer will repay ARCO all reimbursements and direct payments made by ARCO under Paragraph 14.3 upon (i) the mutual termination of this Agreement prior to or at the end of the first twelve months, (ii) the termination of this Agreement by ARCO or Buyer during the first twelve months or (iii) the nonrenewal of this Agreement by ARCO or Buyer at the end of the first twelve months (if this is a trial franchise as defined under Section 2803 of the PMPA). (c) If this is the first agreement between Buyer and ARCO for the supply of Product at the Premises with a term of more than one year and Buyer has been a party to an agreement regarding the Premises with ARCO for the supply of Product for less than thirty-six months, then after the first twelve months Buyer will pay ARCO, on a pro rata basis as described below, the amount --- ---- of all reimbursements and direct payments made by ARCO under Paragraph 14.3 upon the mutual termination of this Agreement or termination or nonrenewal by Buyer or by ARCO for a reason set forth in Paragraph 17.1 or 17.2 above. The pro rata --- ---- amount which Buyer is obligated to pay shall be calculated by multiplying the total of the reimbursements and direct payments made by ARCO under Paragraph 14.3 times (a) two-thirds during the thirteenth through twenty-fourth month of this Agreement or (b) one-third during the twenty-fifth through thirty-sixth month of this Agreement.

Effect of Termination or Nonrenewal. After receiving notice of ----------------------------------- termination or nonrenewal and until the effective date of the termination or nonrenewal, Buyer will continue to operate the Premises in accordance with this Agreement. (a) From and after the effective date of termination or nonrenewal, Buyer will immediately discontinue all use of trade dress and Marks associated with ARCO, including without limitation use of such trade dress and Marks on dispensers, pumps, containers, storage equipment, buildings, canopies, pump islands, pole signs, advertising, stationery and invoices. From and after the effective date of termination or nonrenewal, Buyer will not adopt or use any trademarks trade dress or symbols in the operation of the Premises that are confusingly similar to ARCO's, including without limitation, any four letter name or xxxx starting with (i) the letter "A" or (ii) any vowel and having the letter "R" as a second letter, and Buyer will not use or employ as a symbol, xxxx or design any geometric design that is red or any colored horizontal striping that is predominately red and blue. Further, Buyer will remove from all trade directories and telephone book listings all reference to the Marks. Upon the effective date of the termination or nonrenewal, Buyer will promptly return to ARCO or destroy, whichever ARCO directs, all signs, advertising, graphics and other materials in Buyer's possession bearing any Marks or used in any trade dress. In addition, Buyer hereby agrees that ARCO may enter the Premises to remove or cover up any trade dress or advertisements bearing any Marks. If Buyer terminates or does not renew this Agreement or if ARCO terminates or does not renew this Agreement for a reason set forth in Paragraph 17.1 or 17.2 above, then Buyer shall pay for the removal or covering up of all trade dress and trademarks as required hereunder. For a reasonable period following the effective date of Buyer's termination or nonrenewal and at no charge, ARCO may keep any ARCO property still located on the Premises in place while negotiating for its sale or removal. (b) If this is the first agreement between Buyer and ARCO for the supply of Product at the Premises, Buyer will repay ARCO all reimbursements and direct payments made by ARCO under Paragraph 14.3 upon (i) the mutual termination of this Agreement prior to or at the end of the first twelve months, (ii) the termination of this Agreement by ARCO or Buyer during the first twelve months or (iii) the nonrenewal of this Agreement by ARCO or Buyer at the end of the first twelve months (if this is a trial franchise as defined under Section 2803 of the PMPA). (c) If this is the first agreement between Buyer and ARCO for the supply of Product at the Premises with a term of more than one year and Buyer has been a party to an agreement regarding the Premises with ARCO for the supply of Product for less than thirty-six months, then after the first twelve months Buyer will pay ARCO, on a pro rata basis as described below, the amount of all --- ---- reimbursements and direct payments made by ARCO under Paragraph 14.3 upon the mutual termination of this Agreement or termination or nonrenewal by Buyer or by ARCO for a reason set forth in Paragraph 17.1 or 17.2 above. The pro rata --- ---- amount which Buyer is obligated to pay shall be calculated by multiplying the total of the reimbursements and direct payments made by ARCO under Paragraph 14.3 times (a) two-thirds during the thirteenth through twenty-fourth month of this Agreement or (b) one-third during the twenty-fifth through thirty-sixth month of this Agreement.