Common use of FURTHER TERMS Clause in Contracts

FURTHER TERMS. Neither Buyer nor Buyer's agents will contact Seller's employees, customers, landlords, or suppliers, nor linger, or otherwise observe the Business, without Seller's consent. For three years, Buyer shall not directly or indirectly solicit for employment any employees of Seller. BTI may act as a dual agent representing both Buyer and Seller. Seller and Seller's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both BTI and Buyer. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees except that any party found in those proceedings, to have failed to mediate in good faith shall not be entitled to attorney fees and costs. The venue shall be the county in which the BTI listing office is located. The venue for any action instituted to enforce any terms of the Agreement shall be in the county in which the Business is located. This Agreement may be signed in counterparts and faxed and electronic signatures may be considered as originals. If Buyer is a corporation, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so. Buyer acknowledges receipt of a fully completed copy of this Agreement.

FURTHER TERMS. Neither Buyer nor Buyer's agents will contact Seller's employees, customers, landlords, or suppliers, nor linger, or otherwise observe the Business, without Seller's consent. For three years, Buyer shall not directly or indirectly solicit for employment any employees of Seller. BTI FBN may act as a dual agent representing both Buyer Xxxxx and Seller, or as a “Transaction Broker” if in FL. Seller and SellerXxxxxx's successors are specifically intended to be beneficiaries of the duties and obligations of this Agreement and may prosecute any action at law or in equity necessary to enforce its terms and conditions as though a party hereto. This Agreement can only be modified in writing, signed by both BTI FBN and Buyer. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements between the parties with respect to its subject matter. All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees except that any party found in those proceedings, to have failed to mediate in good faith shall not be entitled to attorney fees and costs. The venue shall be the county in which the BTI FBN listing office is located. The venue for any action instituted to enforce any terms of the Agreement shall be in the county in which the Business is located. This Agreement may be signed in counterparts and faxed and electronic signatures may be considered as originals. If Buyer is a corporation, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so. Buyer Xxxxx acknowledges receipt of a fully completed copy of this Agreement. V.R Inc. and VPS Inc. have offered for sale seventeen (17) Jack in the Box locations in the Medford, OR area for $7,000,000. Stores are within 6.5 hours of each other, from the northernmost store in Corvallis to the southernmost store in Klamath Falls. Seller has owned some of these stores since 1996, and most recently developed some stores in 2011. Now he wishes to concentrate his efforts on developing his hotel business and will be exiting the restaurant industry with the sale of these Jack in the Box units. This will be an asset sale and the purchase agreement will be contingent upon Buyer getting approved as a franchisee by Xxxx in the Box. Buyer will pay franchise transfer fees and purchase inventory from Seller at cost (inventory of approx. $5K per store not included in price).

FURTHER TERMS. BUYER SHALL NOT DISTURB SELLER’S EMPLOYEES OR DISRUPT SELLER’S BUSINESS OPERATIONS. Neither Buyer Buyer, nor Buyer's agents will contact Seller's employees, customers, landlords, landlords or suppliers, nor linger, or otherwise observe the Business, suppliers without Seller's consent. For three yearsUnless consented to in writing by Xxxxxx, Buyer shall not directly or indirectly solicit for employment any employees of Seller. BTI Seller may act as a dual agent representing both Buyer and Seller. Seller and Seller's successors are specifically intended to be beneficiaries of the duties and obligations of assign this Agreement and may prosecute to any action at law or in equity necessary to enforce its terms and conditions as though a party heretonew ownership of Opportunity. This Agreement can only be modified in writing, signed by both BTI Xxxxxx and Buyer. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. This Agreement supersedes all prior understandings or agreements discussions and writings and constitutes the entire agreement between the parties with respect to its the subject matter. All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees except that any party found in those proceedings, to have failed to mediate in good faith shall not be entitled to attorney fees and costs. The venue shall be the county in which the BTI listing office is located. The venue for any action instituted to enforce any terms of the Agreement shall be in the county in which the Business is located. This Agreement may be signed in counterparts and faxed and electronic signatures may be considered as originalsmatter hereof. If Buyer is a corporation, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement shall be governed by the laws of the State of California without regard to the conflicts of law provisions thereof. The prevailing party in any action to enforce this Agreement shall be entitled to costs and attorneys’ fees. No waiver or modification of this Agreement will be binding upon a party unless made in writing and signed by a duly authorized representative of such party and no failure or delay in enforcing any right will be deemed a waiver. Waiver of any breach of this Agreement shall not be a waiver of any subsequent breach. Buyer acknowledges receipt shall not assign or transfer any rights or obligations under this Agreement without the prior written consent of Broker, which consent Broker may withhold in its sole and absolute discretion. This Agreement may be signed in any number of counterparts (including by fax or PDF) with the same effect as if the signatures to each counterpart were upon a fully completed copy single instrument, and all such counterparts together will be deemed an original of this Agreement.