Franchise. The authorization granted by the Township to construct, operate and maintain a Cable System within the corporate limits of the Township as embodied in the terms and conditions of this Agreement.
Franchise. CPS Energy does not have the power to grant Licensee the right to conduct business within the City of San Antonio or other cities or jurisdictions within the CPS Energy service area. This Agreement does not constitute a franchise or license to use municipal rights-of-way within the City of San Antonio or any other local jurisdiction within the CPS Energy service area. It is the obligation of Licensee to obtain (a) a franchise, or other authority by ordinance or state law, authorizing Licensee to erect and maintain Licensee’s Facilities within the public streets, highways, alleys, utility easements, and other public thoroughfares directly from the applicable governing authority; and (b) any other necessary permits, authority, and consents from federal, state, municipal or other public authorities.
Franchise. (a) Within 3 Business Days after the Effective Date, the Buyer shall submit a franchise application to Franchisor, together with all required related documents and submittals, and shall pay all fees and costs imposed by Franchisor in connection with such application. The Buyer acknowledges that the Seller has obtained and delivered to the Buyer the product improvement plan required by the Franchisor with respect to the Hotel (the “PIP”). During the Study Period (and commencing immediately upon the Effective Date), the Buyer shall use its commercially reasonable efforts, and pay all costs and expenses therewith associated, to obtain a franchise commitment (the “New Franchise”) with respect to the Property from the current Franchisor, all upon terms and conditions reasonably acceptable to the Buyer; provided that the Buyer agrees that it will accept (if not able to negotiate any more favorable terms from Franchisor) (i) a term ending at the current expiration date of the existing Franchise Agreement, (ii) Franchisor’s standard fees (without requiring any waiver or reduction), and (iii) Franchisor’s current standard form of franchise agreement. The Seller and the Buyer shall cooperate with each other and the Franchisor to expedite completion of the same. If the Buyer does not receive the New Franchise or approval thereof from the Franchisor on or before the expiration of the Study Period, the Buyer may, at its option, upon written notice to the Seller have up to an additional 15 days to obtain the New Franchise or approval thereof (the Study Period as so extended solely for such purposes, the “Franchise Approval Period”); provided that the Buyer shall review and approve the PIP prior to the expiration of the Study Period and, if the Buyer has not elected to terminate this Agreement prior to the expiration of the Study Period, the Seller shall be deemed to have approved of the PIP. If, despite Buyer’s good faith, commercially reasonable efforts, the Buyer does not receive the New Franchise or approval thereof from the Franchisor on or before the expiration of the Franchise Approval Period, the Buyer may, at its option, upon written notice to the Seller and the Escrow Agent terminate this Agreement, at which time the Xxxxxxx Money shall be returned promptly to the Buyer and upon return of the Xxxxxxx Money, the Buyer and the Seller shall have no further rights, liabilities or obligations hereunder (except as expressly survive the termination of this Agreement)....
Franchise. The Purchaser or its designee shall have received, at the Purchaser's option and expense, an assignment or transfer of any existing franchise agreement currently applicable to the Hotel or a new franchise agreement from Holiday Inn Worldwide (the "Franchisor"), together with an estoppel certificate from the existing franchisor in form and substance acceptable to the Purchaser, which the Seller agrees to use its best efforts to obtain.
Franchise. Contributor shall have been relieved from any obligations under the Franchise except for a final accounting of the current year's royalty payments, which, if Acquiror or Lessee assumes the Franchise, shall be prorated as of the Closing Date.
Franchise. The franchise right granted by the NFL to the Bills pursuant to which the Bills own and operate an NFL Team.
Franchise. It shall be the Buyer’s sole responsibility to deal with the franchisor of the Property for the assumption of the existing franchise agreement or the negotiation for a new franchise agreement for the Property. The Buyer must pay for (i) all application fees and costs for such assumption of or negotiation for the franchise, and shall be solely responsible for any costs or fees for the Product Improvement Plan (“PIP”) required by the franchisor for said assumption or new franchise. The Buyer hereby indemnifies and holds harmless the Seller for any costs, loss, damage, fees or expense the Seller incurs by reason of the transfer of the existing franchise or the issuance of a new franchise to Buyer or Buyer’s agents or assigns, including but not limited to application fees, PIP fees and costs associated thereby, assumption fees, and termination fees claimed by the Seller’s franchisor against the Seller. This indemnity shall survive closing.
Franchise. A “franchise” is any contract between a refiner and a distributor, between a refiner and a retailer, between a distributor and another distributor, or between a distributor and a retailer, under which a refiner or distributor (as the case may be) authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such use.
Franchise. (a) Upon the Effective Date, Seller authorizes Purchaser to contact Hilton to seek assumption or re-issuance (as required by Hilton) of the applicable franchise license for the Hotel at Closing (the “Franchise Approval”). Immediately after the Effective Date, Purchaser shall reasonably promptly and diligently in good faith pursue obtaining, at Purchaser’s sole cost and expense, the written consent of Hilton for the Franchise Approval and the corresponding franchise and related agreements pertaining to the operation of the Hotel as a Home2 Suites Hotel after the Closing (collectively, the “New Franchise Agreement”) and providing for the release of Seller and any guarantors of Seller’s future obligations to Hilton effective as of the Closing.
(b) If Purchaser elects not to obtain the Franchise Approval (but instead elects another franchisor or brand or elects not to have any franchise or brand) or Purchaser does not obtain the Franchise Approval and does not terminate this Agreement in accordance with Section 5.3 and proceeds to Closing, Purchaser shall (i) pay all cancellation fees, termination fees, removal fees or other amounts owed to Hilton as a result of cancellation and termination of the Existing Franchise Agreement, (ii) immediately upon Closing, cease operating the Property as a “System Hotel” within Hilton’s system, including, without limitation, not directly or indirectly representing or giving the impression that it is a present or former franchisee or licensee of Hilton or that the Property was previously a “System Hotel,” and (iii) immediately upon Closing, at its sole cost and expense, immediately and permanently remove or cause to be removed from the Property all identifying characteristics, marks and intellectual property of Hilton and its “System Hotels,” including, without limitation, all electronic systems, signs, fixtures, furniture, furnishings, equipment, advertising materials, stationery, supplies, forms and other items containing the words, trademark, service marks or insignia for a “System Hotel,” return to Hilton its intellectual property and other materials proprietary to Hilton, make such alterations as may be necessary and required by Hilton to distinguish the Property from its former appearance and other “System Hotels” and allow Hilton to enter upon the Property to complete any of the foregoing not completed by Purchaser within thirty (30) days after Closing (collectively, “De-Identification”). The De-Identification will invo...
Franchise. The right granted by the Town to construct, operate and maintain a Cable System within the corporate limits of the Town as embodied in the terms and conditions of this Agreement.
