Common use of Improper Disclosure Clause in Contracts

Improper Disclosure. In the event Franchisee discovers that any of its current or former officers, directors, partners, Directors, shareholders, members, limited liability company managers, related parties thereto or their employees, are violating, have violated, or are commencing to violate the prohibitions on disclosure or reproduction of Confidential Information provided for herein, Franchisee shall immediately notify Company of such violation. Company shall seek such legal and equitable relief, including seeking monetary damages, as it deems necessary in its sole discretion. Any and all damages recovered by Company pursuant to any such cause of action shall be the exclusive property of Company. In the event it is determined that any of the inquiry or damages have been caused by the willful or negligent behavior of Franchisee or due to the failure of Franchisee to properly supervise the actions of the individual found to be in violation of this Agreement, Company shall be reimbursed by Franchisee for all costs and expenses, including attorney's fees, that were incurred by Company in pursuing the cause of action.

Appears in 3 contracts

Samples: Franchise Agreement (Sterling House Corp), Franchise Agreement (Sterling House Corp), Sterling House Corp

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Improper Disclosure. In the event Franchisee discovers that any of its current or former officers, directors, partners, DirectorsRestaurant Managers, shareholders, members, limited liability company managers, shareholders or related parties thereto or their employees, are violating, have violated, or are commencing to violate the prohibitions on disclosure or reproduction of Confidential Information provided for hereinin this Agreement, Franchisee shall immediately notify Company notif~' Franchisor of such violation. Company Franchisor shall seek such legal and equitable relief, including seeking monetary damages, as it deems necessary in its sole discretion. Any and all damages recovered by Company Franchisor pursuant to any such cause of action shall be the exclusive property of CompanyFranchisor. In the event it is determined that any of the inquiry or such damages have been caused by the willful or negligent behavior of Franchisee or due to the failure of Franchisee to properly supervise the actions of the individual found to be in violation of this Agreement, Company Franchisor shall be reimbursed by Franchisee for all costs and expenses, including attorney's attorneys' fees, that were incurred by Company Franchisor in pursuing the such cause of action, whether or not such action results in a favorable judgment to Franchisor.

Appears in 1 contract

Samples: Franchise Agreement (Itec Attractions Inc)

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