Franchisee’s Obligations. On and after the Effective Date of Termination or Expiration of this Agreement, Franchisee must comply with the following duties:
1. Within 1O days following the Effective Date of Termination or Expiration of this Agreement, Franchisee shall pay all fees and other amounts owed to Company, including, without limitation, late charges and interest on any late payments. Royalty Fees and Promotional Fund Fees imposed pursuant to this Agreement shall continue to be due and payable (and late charges and interest thereon assessed) after the Effective Date of Termination or Expiration of this Agreement until the date that Franchisee completes all post termination obligations required by this Agreement. When termination is based upon Franchisee's default, Franchisee shall also pay to Company all damages, costs and expenses and reimburse Company for its reasonable fees to retain attorneys, accountants or other experts which it incurs to enforce its rights under this Agreement in the event of a default and/or termination whether or not mediation or judicial action is commenced. Franchisee's payments shall be accompanied by all reports required by Company regarding business transactions and the results of operations through the Effective Date of Termination or Expiration of this Agreement or until the date that Franchisee completes all post-termination or expiration obligations required by this Agreement, whichever occurs later.
2. Franchisee shall permanently cease using, in any manner whatsoever, all rights and property incorporated within or associated with the Southern Hospitality System in a manner that suggests or indicates that Franchisee is, or was, an authorized Southern Hospitality franchisee or continues to remain associated with the Southern Hospitality System. Franchisee shall cancel all Local Advertising and other promotional activities which associate Franchisee with the Southern Hospitality System. Franchisee shall cancel all fictitious or assumed name or equivalent registrations relating to its use of the Southern Hospitality Licensed Marks. Continued use by Franchisee of rights or other property incorporated within or associated with the Southern Hospitality System shall constitute willful trademark infringement and unfair competition by Franchisee.
3. Franchisee shall cease using all telephone numbers and business directory listings used in operating the Franchised Business and take all steps necessary to remove all print and electronic telephone an...
Franchisee’s Obligations. A. Publicly-traded securities in Franchisee or in any Control Affiliate may be Transferred in compliance with Applicable Law without Franchisor’s consent if the Transfer will not result in a Transfer of Control (as determined by Franchisor) in Franchisee or a Control Affiliate. Any Transfer of Ownership Interests in Franchisee or a Control Affiliate that will result in a Transfer of Control of Franchisee or any Control Affiliate (as determined by Franchisor) will be subject to Section 17.2.
B. Without limiting Franchisor’s rights under Section 17.2, in connection with any Transfer of Ownership Interests in Franchisee or a Control Affiliate involving any proposed public or private offering of securities that uses in any way the Proprietary Marks, identifies the Hotel, Franchisor or its Affiliates, or discusses the relationship between Franchisor or its Affiliates and franchisee or its Affiliates, Franchisee must also:
(1) provide Franchisor with appropriate representation or information demonstrating the lawfulness of the offering and obtain Franchisor’s consent to such use;
(2) fully and unconditionally indemnify and hold harmless Franchisor and its Affiliates in connection with the Prospectus and the offering;
(3) use any Proprietary Marks in the Prospectus and in any supporting or related materials only as approved by Franchisor in writing; and
(4) submit to Franchisor for its review at least thirty (30) days before the earliest of the date on which any Prospectus is delivered to a potential investor or filed with the Securities and Exchange Commission or any other governmental authority responsible for the regulation of the sale of securities, a copy of the proposed Prospectus, all supporting and related materials and releases. Franchisor, in its sole discretion, may require Franchisee to pay for its costs and expenses in performing the limited review of the proposed Prospectus in accordance with this Section 18, including attorneys’ fees and expenses.
C. If the indemnification provided for in Section 18.1.B(2) above will for any reason be unavailable or insufficient to hold Franchisor and its Affiliates harmless in respect of any claim, then Franchisee will, in lieu of indemnifying Franchisor and its Affiliates, contribute to the amount paid or payable by Franchisor and its Affiliates as a result of any such claim, action, loss liability, cost, and expense of any kind, including reasonable attorneys’ fees, in respect thereof, (i) in such proportion as ...
Franchisee’s Obligations. 1.1 The Franchisee shall deliver two copies of each of the Financial Model, the Operational Model and the Record of Assumptions (each such copy in electronic format on CD-ROM together with hard format copies of the output template of the Financial Model in the format set out in the document in agreed terms marked FF) to the Secretary of State in the agreed form, accompanied by a notice that those Escrow Documents are to be Placed in Escrow.
1.2 The Franchisee shall deliver two copies of each Change Model and its related Change Operational Model (each in electronic format on CD-ROM together with hard format copies of the output template of the Change Model) to the Secretary of State, accompanied by a notice that those Escrow Documents are to be Placed in Escrow. For this purpose, the “Change Operational Model” in respect of a Change Model means each:
(a) revenue model;
(b) performance model;
(c) cost model; and
(d) other relevant model, which has generated input to the Change Model.
1.3 The Franchisee shall deliver the Escrow Documents referred to in paragraph 1.1 of this Schedule 9.2 in accordance with that paragraph:
(a) on the date of the Franchise Agreement; and
(b) within seven days of the Start Date, but updated only as strictly necessary for any elapsed time between the actual Start Date and the date assumed to be the Start Date in the Initial Business Plan.
1.4 The Franchisee shall deliver the Escrow Documents referred to in paragraph 1.2 of this Schedule 9.2 within seven days of any approval or audit of a Run of the Change Model as provided for in paragraph 6 of Schedule 9.1 (Change and Other Consequences of Change).
1.5 The Franchisee shall deliver with each such deposit of the Escrow Documents all of the following information to the extent that it is relevant:
(a) details of the Escrow Documents deposited (including full filename and version details, any details required to access the Escrow Documents including media type, backup command/software used, compression used, archive hardware and operating system details);
(b) the names and contact details of persons who are able to provide support in relation to accessing and interpreting the Escrow Documents; and
(c) if required by the Secretary of State, a certificate from independent auditors approved by the Secretary of State, confirming that the deposited version of the Escrow Documents is in the agreed form in accordance with paragraph 1.1 or (as the case may be) is in accordance with paragraphs...
Franchisee’s Obligations. Each Franchisee must:
(i) at all times permit and allow, and ensure that its Associates permit and allow, the State to watch or examine any excavations on the Leased Area;
(ii) take, and ensure that its Associates take, every reasonable precaution in carrying out the Activities to prevent Artefacts being damaged or removed; and
(iii) upon the discovery of any Artefact:
A. immediately notify the State of the discovery of the Artefact; and
B. comply with any directions or orders imposed by any relevant Authority upon a Franchisee or the State in respect of the Artefact.
Franchisee’s Obligations. (a) The last sentence of Section 13.01(a) is hereby deleted in its entirety and replaced with the following: “At such time as requested by Franchisor following the termination or expiration of this Franchise Agreement, Franchisee shall make its books and records available to Franchisor’s representatives to conduct an audit, and Franchisee shall pay all such amounts due Franchisor as determined by such audit, all in accordance with Section 9.10 of the Franchise Agreement, as amended.”
(b) Sections 13.01(b)(vii) and 13.01 (c) are hereby deleted in their entirety.
(c) The following sentence is added to the end of Section 13.01(b)(iv): “Notwithstanding any of the above, Franchisee may discuss its previous affiliation with Franchisor in reasonable situations such as references to years business and other situations requiring explanations as to the prior history of Franchisee and as required by law, provided that Franchisee shall under no circumstances continue to display the Service Marks and Franchisee shall take all steps necessary to conduct its business in a manner that does not cause confusion among the general public as to whether Franchisee’s business is being conducted using the Franchisor’s Service Marks.”
(d) Section 13.01(b)(vi) is hereby deleted in its entirety and replaced with the following: “In the event such termination is a result of a material default by Franchisee, then Franchisee shall take all action necessary to immediately cause the local phone company (white pages) and any business phone publisher (the Yellow Pages) to remove Franchisee from their listings as a franchisee in their next edition of any directory or listings, including any Internet directories. Franchisee will cause any Web masters or websites to remove the Service Marks from their Web pages, including social media websites, and remove the Service Marks from the social media sites and accounts controlled by Franchisee its agents and affiliates, including from any source code or other mechanism that directs a consumer searching for the Marks to Franchisee’s website.”
(e) Section 13.01(b)(viii) is hereby deleted in its entirety and replaced with the following: Franchisee will assign all Internet and web site addresses, e-mail addresses and domain names using the Service Marks to Franchisor and use best efforts to identify any individual Internet, web site addresses, e-mail addresses and domain names using the Service Marks that may have been created by employees or sales agen...
Franchisee’s Obligations. The Franchisee shall:-
7.1 Only use Printed material , Psychometric test, invoices, and Services which are supplied by the Franchisor
7.2 Operate the Business in accordance with the Operations Manual.
7.3 Use online/offline testing and Guidance and Counseling services in connection with the Business as have been approved by the Franchisor
7.4 Maintain the Premises to the highest standards and not carry out any alterations without the Franchisor’s consent.
7.5 Use best endeavors to promote and extend the Business.
7.6 Operate the Business during hours specified by the Franchisor.
Franchisee’s Obligations. (a) Except as otherwise set forth in paragraph 10.01 with respect to assignment by Franchisor of any or all of its interest in this Agreement, in the event of termination or expiration of this Agreement whether by reason of Franchisee’s breach, default, non-renewal, lapse of time, or other cause, in addition to any other obligations provided for in this Agreement, Franchisee shall forthwith discontinue the use and/or display of the Service Marks in any manner whatsoever and all Materials containing or bearing same and shall not thereafter operate or do business under the Assumed Name or any other name or in any manner that might tend to give the general public the impression that Franchisee is in any way associated or affiliated with Franchisor, or any of the businesses conducted by it or other owners of the Service Marks. In such event, Franchisee also shall comply with paragraph 13.02 respecting the return to Franchisor of certain Materials and
Franchisee’s Obligations. 11.1 Franchisee will disclose to Company all ideas, concepts, methods, techniques and products, including without limitation any developments or improvements to existing ideas, concepts, methods, techniques and products, conceived or developed by Franchisee, its Owners, employees and agents relating to the development and operation of Krispy Kreme Stores. Franchisee hereby grants to Company and agrees to procure from its Owners, employees and agents who have access to know-how relating to the development and operation of Krispy Kreme Stores, a perpetual, exclusive, royalty-free and worldwide right to use such ideas, concepts, methods, techniques and products in all food service businesses operated by Company, its Affiliates, developers and franchisees. Company has no obligation to pay Franchisee or any other person with respect to any such ideas, concept, method, technique or product. Franchisee will not use or allow any other person to use any such concept, method, technique or product without obtaining Company’s prior written approval.
11.2 Franchisee agrees that the STORE will be under direct, on-premises management by a trained Managing Director or General Manager (as designated in the Development Agreement) or one of Franchisee’s store managers, all of whom have completed training to Company’s satisfaction.
Franchisee’s Obligations. 1. The Franchisee agrees as follows:-
1.1. To provide the Sales/Business Development & Account Management support with reasonable care and skill.
1.2. Not to engage in any conduct likely to bring the Platform into disrepute.
1.3. To furnish the Platform with any progress reports as may be requested from time to time.
1.4. Not to subcontract or assign to any third party any of the Business Development Services which it is required to perform under this Agreement.
1.5. To provide at its own cost, subject to any agreement to the contrary specified in the Schedule all such necessary equipment as is reasonable for the adequate performance of the Sales/Business Development Services & Account Management.
1.6. If the Franchisee is unable for any reason to perform the Business Development Services during the course of this Agreement the Franchisee shall inform the Platform by no later than 10:00am on the first day of unavailability.
1.7. Update/add personal Linkedin profiles with additional role as “Client Partner” or as appropriate.
1.8. Platform may handover incoming leads/clients registering on their own to regional partners based on merits and location of client, you are required to provide product training to clients and account manage them. Promote your unique url and qr code on social media to sign up new employers which automatically credits in to your franchise account for monetization.
1.9. Attend weekly review meetings on Friday
1.10. Follow all that is published on our website regarding our terms of business.
1.11. Upon signing this agreement, pay one time mandatory franchise setup fee and any expenses related to setting up office space (not mandatory) and install company logo signage at office premises.
1.12. Provide fair opportunity to all registered recruitment vendors for jobs posted by employers (client accounts owned by Franchisee). Develop vendor relations.
2. Follow all the local Employment Agency regulation and law and strictly NOT charge a fee to the candidate in the method of finding them a job.
3. Nothing in this Agreement shall render any member of the Franchisee's Staff an employee of the Platform.
Franchisee’s Obligations. Following the Franchisee’s receipt of a Call Notice, the Franchisee must cooperate to:
