Franchisor’s Reservation of Rights. The Franchisee acknowledges that the franchise granted hereunder is non-exclusive and that the Franchisor retains the rights, among others: (1) to use, and to license others to use, the Marks and Licensed Methods for the operation of ROCKY MOUNTAIN CHOCOLATE FACTORY Stores, Kiosk Stores, Satellite Stores and Temporary Stores, at any location other than at the Franchised Location; (2) to use the Marks and Licensed Methods to identify services and products, promotional and marketing efforts or related items, and to identify products and services similar to those which the Franchisee will sell, but made available through alternative channels of distribution other than through traditional ROCKY MOUNTAIN CHOCOLATE FACTORY Stores, at any location other than at the Franchised Location, including, but not limited to, through Satellite Stores, Temporary Stores, Kiosk Stores, by way of mail order, (including electronic mail order), the Internet, catalog, television, retail store display or through the wholesale sale of its products to unrelated retail outlets or to candy distributors or outlets located in stadiums, arenas, airports, turnpike rest stops or supermarkets; and (3) to use and license the use of other proprietary marks or methods in connection with the sale of products and services similar to those which the Franchisee will sell or in connection with the operation of retail stores selling gourmet chocolates or other premium confectionery products, at any location other than at the Franchised Location, which stores are the same as, or similar to, or different from a traditional ROCKY MOUNTAIN CHOCOLATE FACTORY Store or a Satellite Store, a Temporary Store or a Kiosk Store, on any terms and conditions as the Franchisor deems advisable, and without granting the Franchisee any rights therein.
Franchisor’s Reservation of Rights. The Marketer acknowledges that its franchise rights granted hereunder are nonexclusive and the Franchisor (on behalf of itself, its affiliates and designees), retains the rights, among others:
a. to use, and to license others to use, the Marks and Licensed Methods for the operation of other area marketer businesses at any location outside of the Territory;
b. to solicit prospective Franchisees and sell franchises for PAK MAIL Centers at locations within and outside of the Territory and on such terms and conditions as the Franchisor deems appropriate and to itself own and operate PAK MAIL Centers within the Territory;
c. to use and license the use of other proprietary marks or methods in connection with the sale of products and services similar to those which Franchisees who operate PAK MAIL Centers sell, whether in alternative channels of distribution or in connection with the operation of packaging and mailing businesses which are the same as, or similar to, or different from PAK MAIL Centers, at any location, within and outside of the Territory, on any terms and conditions as the Franchisor deems advisable; and
d. to use the Marks to identify services and products other than those sold by Franchisees who operate PAK MAIL Centers, to identify promotional and marketing efforts and related items, and to identify services and products similar to those offered by Franchisees who operate PAK MAIL Centers, made available through alternative channels of distribution, at any location, within and outside of the Territory.
Franchisor’s Reservation of Rights. The Franchisee acknowledges that the franchise granted hereunder is non-exclusive and that the Franchisor retains the rights, among others: (1) to use, and to license others to use, the Marks and Licensed Methods for the operation of FUZZIWIG'S-TM- CANDY FACTORY Businesses at any location other than in the Protected Territory; (2) to use the Marks and Licensed Methods in connection with other services and products, promotional and marketing efforts or related items, materials or services or in alternative channels of distribution, without regard to the location of the use, including, but not limited to, the wholesale sale of its products to unrelated retail outlets or to candy distributors; and (3) to use and license the use of other proprietary marks or methods in connection with the operation of retail stores selling candy and other confectionery products business at any location, which businesses are the same as, or similar to, or different from a FUZZIWIG'S-TM- CANDY FACTORY Business, on any terms and conditions as the Franchisor deems advisable, and without granting the Franchisee any rights therein.
Franchisor’s Reservation of Rights. Franchisee acknowledges that the franchise granted under this Agreement is nonexclusive, that Franchisee has no territorial protection, and that Franchisor and all of its affiliates retain the right: (1) to use, and to license others to use, the Marks and Licensed Methods for the operation of Restaurants at any location other than the Franchised Location; (2) to use the Marks and Licensed Methods in connection with services and products, in connection with promotional and marketing efforts or related items, or in alternative channels of distribution, without regard to location; (3) to use and license the use of alternative proprietary marks or methods in connection with the operation of restaurants or other businesses under names which are not the same as or confusingly similar to the Marks, which businesses may be the same as, or similar to, or different from Restaurants; and (4) to engage in any other activities not expressly prohibited in this Agreement.
Franchisor’s Reservation of Rights. The Franchisee acknowledges that its franchise rights as granted are non-exclusive and that the Franchisor retains the rights, among others: (1) to use, and to license others to use, the Marks and System in connection with the operation of a Pak Mail Center, at any location other than in the Protected Territory; (2) to use the Marks to identify other services and products other than those which the Franchisee sells, promotional and marketing efforts or related items, or to identify services and products made available through alternative channels of distribution, at any location; and (3) to use and license the use of other proprietary marks or methods in connection with the sale of products and services similar to those which the Franchisee will sell, whether in alternative channels of distribution or in connection with the operation of packaging and mailing businesses at any location, which businesses are the same as, or similar to, or different from PAK MAIL Centers, on any terms and conditions as the Franchisor deems advisable.
Franchisor’s Reservation of Rights. 5.1 Franchisor and its Affiliates (and their respective successors and assigns, by purchase, merger, consolidation or otherwise) retain all rights not expressly granted to Franchisee in this Agreement, including those with respect to Krispy Kreme Stores and Commissary Facilities, the Marks, and the sale of Products, including all rights Franchisor expressly reserves in this Section 5. Franchisee waives, to the fullest extent permitted under applicable law, all claims, demands or causes of action arising from or related to any of such activities by Franchisor or any of its Affiliates.
5.2 No exclusive territory, protection, or other right in the contiguous space, area, or market of the STORE is expressly or impliedly granted to Franchisee under this Agreement, and Franchisor reserves the right to operate and to grant others the right to operate Krispy Kreme Stores at any location on such terms and conditions as it deems appropriate. Franchisee acknowledges and agrees that such Krispy Kreme Stores and Commissary Facilities may be in direct competition with the STORE, without regard to any adverse effect on the STORE and without any obligation or liability to Franchisee.
5.3 Franchisor reserves the right to acquire, develop, and operate, or be acquired by, any company, including a company operating one or more food service businesses (including food service businesses selling doughnuts or coffee).
5.4 Franchisor reserves the right to license, sample, sell, or market by any means whatsoever (including the Internet) the Products and any goods or services identified by the Marks. Such goods and services may be licensed, sampled, sold, or marketed in any and all locations and venues, and through any method or channel of distribution Franchisor deems appropriate in its sole discretion (including wholesale distribution of Products to supermarkets, grocery stores, convenience stores, and other retail outlets). Such sales may be in direct competition with the STORE, without regard to any adverse effect on the STORE and without any obligation or liability to Franchisee.
Franchisor’s Reservation of Rights. Except as otherwise provided in Section 2.4, we retain all rights with respect to ESIO Franchises, the Marks and the System, including the right to (by way of example only and not as a limitation):
(a) operate, or grant to others the right to operate, ESIO Franchises and Developer Franchises located outside of your Protected Territory on terms and conditions we deem appropriate;
(b) provide or grant other persons the right to provide goods and services that are similar to and/or competitive with those provided by ESIO Franchises within your Protected Territory, through any distribution channel other than an ESIO Franchise (including, but not limited to retail outlets, department stores, grocery stores and convenience stores) under the Marks;
(c) provide and grant rights to other persons to provide, goods and services dissimilar to and/or not competitive with those provided by ESIO Franchises to customers located within your Protected Area;
(d) acquire the assets or ownership interest of businesses providing products and services similar to those provided at ESIO Franchises, and franchising, licensing, or creating similar arrangements with respect to those acquired businesses, wherever those businesses or their franchisees or licensees are located (including in your Protected Territory);
(e) be acquired (regardless of the form of transaction) by any business or person, including a business providing products and services similar to those provided at ESIO Franchises or Regional Developer Franchises or another business, even if the acquiring business operates, franchises, or licenses competitive businesses within the Protected Territory or Development Area; and
(f) provide or offer ESIO products and services to business customers within or outside of your Protected Territory through ESIO’s affiliates or dealers of ESIO products and services.
Franchisor’s Reservation of Rights. The Franchisee acknowledges that the Franchisor reserves the rights, among others: (1) to use and license others to use, the Marks and System for the operation of ROCKY MOUNTAIN CHOCOLATE FACTORY Stores, Kiosk Stores and Satellite Stores at any location other than within Airports in the Development Area; (2) to use and license the use of different marks and methods in connection with the sale of products or services similar to those which the Franchisee will sell in its Stores, whether in alternative channels of distribution or in connection with the operation of retail stores selling gourmet chocolates or other premium confectionary products, at any location outside of the Development Area, which businesses are the same as, or different from Stores, on any terms and conditions as the Franchisor determines; and (3) to use the Marks to identify and sell any type of services, products, promotional and marketing efforts or related items made available by the Franchisor, in its sole discretion, and to identify products and services similar to those which the Franchisee will sell, but made available through alternative channels of distribution (other than Stores), at any location, excluding the Development Area.
Franchisor’s Reservation of Rights. The Franchisee acknowledges that the franchise granted hereunder is non-exclusive and that the Franchisor retains the rights, among others: (1) to use, and to license others to use, the Marks and Licensed Methods for the operation of ROCKY MOUNTAIN CHOCOLATE FACTORY Stores, Kiosk Stores, Satellite Stores and Temporary Stores, at any location other than at the Franchised Location; (2) to use the Marks and Licensed Methods to identify services and products, promotional and marketing efforts or related items, and to identify products and services similar to those which the Franchisee will sell, but made available through alternative channels of distribution other than through traditional ROCKY
Franchisor’s Reservation of Rights. RESERVATION OF RIGHTS. Franchisee acknowledges that the franchise granted hereunder is nonexclusive and that Franchisor retains the right, among others: (1) to use, and to license others to use, the Marks and Licensed Methods for the operation of Restaurants at any location other than the Franchised Location; (2) to use the Marks and Licensed Methods in connection with other services and products, promotional and marketing efforts or related items, or in alternative channels of distribution, without regard to location; and (3) to use and license the use of alternative proprietary marks or methods in connection with the operation of restaurant businesses under names which are not the same as or confusingly similar to the Marks, which businesses may be the same as, or similar to, or different from Restaurants.
