GRANT OF DEVELOPMENT RIGHTS. 1.1 Franchisor grants Developer the exclusive right to develop Restaurants only in the Territory for a period commencing on the date hereof and expiring on ___________, 20__, unless sooner terminated as hereinafter provided. Developer has no rights under this Agreement to develop Restaurants outside of the Territory or to develop restaurants which do not employ the System, including the Xxxxxxxx'x Neighborhood Grill & Bar service xxxx.
1.2 During the term of this Agreement, Franchisor shall not operate a restaurant utilizing the System or license any other person to operate a restaurant utilizing the System in the Territory. However, nothing in this Agreement shall prohibit or infringe upon Franchisor's right to operate a restaurant or license any other person to operate a restaurant in the Territory which does not utilize the System or use the Xxxxxxxx'x Neighborhood Grill & Bar service xxxx. In addition, Franchisor specifically reserves the right to operate or license any other person to operate restaurants in any location within an airport (serviced by one or more public or charter carrier), arena, stadium, state or national park, or military fort, post or base which may be within the boundaries of the Territory otherwise granted to Developer. Further, Developer acknowledges and agrees that Franchisor or any one (1) or more of its subsidiary or affiliated companies or divisions shall have the right to operate or license any other person to operate such other restaurants which may or will compete with the Restaurants, under a system and service xxxx other than Xxxxxxxx'x Neighborhood Grill & Bar.
1.3 After this Agreement expires or is terminated, Franchisor shall have the complete and unrestricted right to operate or license other persons to operate a restaurant utilizing the System in the Territory.
GRANT OF DEVELOPMENT RIGHTS. The following provisions control with respect to the rights granted hereunder:
GRANT OF DEVELOPMENT RIGHTS. 3.1.1 In consideration of the Developer agreeing to pay the Consideration to BSHB, this Development Agreement and the representation, warranties and covenants on part of the Developer herein contained, BSHB, in accordance with this Development Agreement, the Applicable Laws and the Applicable Permits, hereby agree to grant to the Developer, the exclusive right and authority during the Lease Period to undertake and implement the Project as more specifically mentioned in the Scope of the Project (the "Grant") and the Developer hereby agrees to undertake the Project in accordance with the terms and conditions of this Development Agreement.
3.1.2 Subject to and in accordance with the provisions of this Development Agreement, the Grant hereby granted shall oblige or entitle (as the case may be) the Developer to the following:
a) Right of access to the Site for the purposes of and to the extent conferred by the provisions of this Development Agreement, and subsequent to the execution of the Lease Deed to enjoy the Lease Rights of the Site for the purpose of undertaking the Project during the Lease Period;
b) Enter into sub-contracts for the purposes of the Project;
c) Apply for and obtain all Applicable Permits required for the Project, including plans for construction of building/s and other structure/s thereon for such uses and purposes as described herein;
d) Enjoy all the rights, privileges and benefits in accordance with the provisions of this Development Agreement and Applicable Laws and Applicable Permits and subject to receipt of approval and authorization in accordance with the terms hereof, to design, engineer, finance, procure, construct, erect, operate, market and maintain the Assets and Project Utilities, and for that purpose to remove, renovate, use or demolish any structures with prior approval from BSHB that may be existing on the Site as on the date of handing over of the Site to the Developer;
e) Proceed with the development of the Project, Assets, Project Utilities etc. However, the Developer shall develop the Project on its own account and at its own risk, costs and expenses and shall be solely responsible and liable to all the Governmental Authorities/ Sub-Lessees/ Sub-Contractors;
f) To facilitate the development of the Project, raise in its own name loans or raise funds from any Lender (subject to the provisions hereof and prior approval of BSHB), and as security thereof to create an Encumbrance upon execution of Lease Rights of the Site a...
GRANT OF DEVELOPMENT RIGHTS. We grant and you accept the exclusive right and obligation to develop and open Xxxxxx-Xxxxxxx restaurants (“Restaurant” or “Restaurants”) within the Store Development Area described in Exhibit A. The required number of Restaurants and the development schedule (“Development Schedule”) are set forth in Exhibit B. The term of this grant is the duration of this Agreement, which expires on the date stated in Exhibit B, unless terminated earlier by agreement or operation of law. The exclusivity is limited by the terms of paragraph 6.
GRANT OF DEVELOPMENT RIGHTS. 1.1 Champps hereby grants to Developer the non-exclusive right to develop Franchised Restaurants in the Development Territory during the Development Term, upon the terms and conditions contained in this Agreement. The Development Term begins on the date this Agreement is signed by Champps and expires on the earlier of: (A) the date Developer opens the last Franchised Restaurant it is permitted to develop pursuant to this Agreement; or (B) the date that the last Franchised Restaurant is required to be opened pursuant to the attached Appendix B. There is no renewal term for this Agreement. Each Franchised Restaurant shall be located in the Development Territory at a specific location approved by Champps.
1.2 This Agreement is not a license or a franchise agreement. It does not give Developer the right to operate Champps Restaurants or use the System, nor does this Agreement give Developer any right to license others to operate Champps Restaurants or use the System. This Agreement only gives Developer an option to enter into Franchise Agreements for the operation of Franchised Restaurants at locations in the Development Territory approved by Champps. Each Franchised Restaurant developed pursuant to this Agreement shall be established and operated only in strict accordance with a separate Franchise Agreement.
1.3 This Agreement does not give Developer any exclusive rights to use the Champps System or the Proprietary Marks in the Development Territory. Nothing in this Agreement shall prohibit Champps from: (A) operating or licensing others to operate Champps Restaurants at any location in the Development Territory other than the location of a Franchised Restaurant; (B) operating or licensing others to operate, after this Agreement terminates or expires, Champps Restaurants, any other restaurants or any other business at any location, including the location of a Franchised Restaurant, subject to the terms of applicable franchise agreements;
GRANT OF DEVELOPMENT RIGHTS. 2.1.1 Subject to the terms of this Agreement, the GOB hereby grants to the Concessionaire the right to conduct the Feasibility Study of the Project at the Project Land and design, finance, insure, construct, complete, operate and maintain the Salt Extraction Facility at the Site for the duration of the Term unless otherwise renewed or terminated earlier than the Expiry Date in accordance with the provisions of this Agreement. The Project shall be designed and constructed by the Concessionaire strictly in accordance with this Agreement.
2.1.2 The Concessionaire may, subject to the terms of this Agreement, enter into such agreements or appoint such Subcontractor(s) to assist the Concessionaire in fulfilling its obligations under this Agreement.
GRANT OF DEVELOPMENT RIGHTS. FRANCHISOR hereby grants to DEVELOPER and DEVELOPER hereby accepts, the right to establish and operate thirty-one (31) FRANCHISED STORES using the WEST COAST SYSTEM, as it may be changed, improved, modified or further developed from time to time, upon the terms and subject to the provisions of this Agreement. The location of each FRANCHISED STORE (herein "Location") shall be approved in advance by FRANCHISOR as provided in Section 4.1 of this Agreement. Each Franchised Store shall be established and operated pursuant to FRANCHISOR's Franchise Agreement (herein the "Franchise Agreement") attached hereto as Exhibit A and incorporated herein by reference and the addendum with respect to each FRANCHISED STORE (herein the "Addendum"), as provided in Section 4.2 hereof. This Agreement does not grant to DEVELOPER any right to use in any manner FRANCHISOR's Proprietary Marks or System. DEVELOPER shall have no right under this Agreement to license others to use in any manner the Proprietary Marks or WEST COAST SYSTEM.
GRANT OF DEVELOPMENT RIGHTS. Subject to terms and conditions of this Agreement and the reservations and exclusions in the warranty deed for the Property delivered to Owner by the City and the City Development Agreement, Owner hereby grants to Developer the exclusive right to possess the Property to develop the Project together with all rights appurtenant to the Property needed to develop, construct, own, sell, lease, mortgage, and otherwise dispose of the Project, as provided in this Agreement (collectively, the “Development Rights”). The Development Rights are intended to be in the nature of a property interest sufficient to confer possession of the Property and ownership of all improvements comprising the Project to Developer.
(a) Developer will develop and construct 89 units (each, a “Unit”) on the Property, of which 40 Units are currently targeted for income-qualified home ownership housing (each, a “Restricted Unit”). The current plan depicting the Project is attached to this Agreement as Exhibit “B.” Each Unit will be a townhome or condominium unit established pursuant to the Declaration and the Unit Ownership Act.
(b) To compensate Owner for Owner Costs (defined below) and for Owner’s overhead related to Owner’s permanent role as the community land trust for the Restricted Units, Owner collects a transfer fee equal to one percent (1%) of the gross sale price of each Restricted Unit (the “Restricted Unit Transfer Fee”). The Restricted Unit Transfer Fee applies to the initial sales of Restricted Units by Developer (subject to credits for advances paid to Owner for Owner costs as provided in subsection “(c)” below) pursuant to this Agreement and to the subsequent resale of each Restricted Unit pursuant to the ground lease or deed restriction (as applicable) affecting each Restricted Unit.
(c) Developer shall be responsible for all costs and expenses associated with the Project, including, without limitation, the costs and expenses of permits, entitlements, impact fees, utility connection fees, design, construction, construction loan fees and interest, and real estate taxes and other costs and expenses of carrying the Property during construction; provided, however, certain costs associated with establishing and administering the community land trust component of the Project will be borne by Owner, including costs related to (i) organization of the Owner entity; (ii) legal review and negotiation of this Agreement, preparing transfer instruments for Restricted Units, and other legal...
GRANT OF DEVELOPMENT RIGHTS. FRANCHISOR hereby grants to DEVELOPER and DEVELOPER hereby accepts, the right to establish and operate twenty (20) FRANCHISED STORES using the WEST COAST SYSTEM, as it may be changed, improved, modified or further developed from time to time, upon the terms and subject to the provisions of this Agreement. The location of each FRANCHISED STORE (herein "Location") shall be approved in advance by FRANCHISOR as provided in Section 4.1 of this Agreement. Each Franchised Store shall be established and operated pursuant to FRANCHISOR's Franchise Agreement (herein the "Franchise Agreement") attached hereto as Exhibit A and incorporated herein by reference and the addendum with respect to each FRANCHISED STORE (herein the "Addendum"), as provided in Section 4.2 hereof. This Agreement does not grant to DEVELOPER any right to use in any manner FRANCHISOR's Proprietary Marks or System. DEVELOPER shall have no right under this Agreement to license others to use in any manner the Proprietary Marks or WEST COAST SYSTEM.
