Common use of Licensor and Clause in Contracts

Licensor and. its Affiliates may operate (or may authorize others to operate) a full-service O'Charley's restaurant or other similar food service facilities offering the same products and services offered by a full-service O'Charley's restaurant or an Alternative Distribution Facility in any area of retail sales establishments, food courts, transportation facilities (e.g., airports, train stations, bus terminals or port authorities), hospitals and other healthcare facilities, cafeterias, commissaries, schools, hotels, sports and entertainment facilities (e.g., stadiums, arenas, ball parks or convention centers) and other mass gathering locations or events designated by Licensor (each, an "Excluded Area"). Licensor may first offer to Developer the right to offer and sell the O'Charley's restaurant products in the Excluded Area within the Territory. Developer must meet each of the conditions outlined in Section IV(B), and any other criteria and qualifications deemed necessary by Licensor, or any other third party involved in the arrangement such as an airport or stadium authority, educational institution or other facilities operator ("Facilities Operator"), to offer and sell the O'Charley's restaurant products and services in the Excluded Area. If Developer does not meet all of the criteria and qualifications required by Licensor and the Facilities Operator, then Developer shall not be granted the right to offer and sell such products and services within the Excluded Area and Licensor may conduct such business, or authorize any other person or Entity to do so. If Developer meets all the conditions, criteria and qualifications, Licensor shall offer to Developer the right to offer and sell such products and services on such terms and conditions as such arrangements may be offered to third parties as determined by Licensor or such Facilities Operator, as applicable. Once such offer has been made to Developer by Licensor in writing, Developer shall have the right to accept such offer within thirty (30) days after receipt of such written notification. If Developer fails to notify Licensor in writing of Developer's intent to accept the offer within such thirty (30) day time period or Developer fails to meet any criteria or qualifications imposed by Licensor or the Facilities Operator, Licensor may conduct such business itself, or authorize any other person or Entity to do so.

Licensor and. its Affiliates may operate (or may authorize others to operate) a full-service O'Charley's restaurant or other similar food service facilities offering the same products and services offered by a full-service O'Charley's restaurant or an Alternative Distribution Facility in any area of retail sales establishments, food courts, transportation facilities (e.g., airports, train stations, bus terminals or terminals, port authorities), hospitals and other healthcare health care facilities, cafeterias, commissaries, schools, hotels, sports and entertainment facilities (e.g., stadiums, arenas, ball parks or ballparks, convention centers) and other mass gathering locations or events designated by Licensor (each, an "Excluded Area"). Licensor may first offer to Developer Operator the right to offer and sell the O'Charley's restaurant products in the Excluded Area within the Territory. Developer Operator must meet each of the conditions outlined in Section IV(BIII(A), and any other criteria and qualifications deemed necessary by Licensor, or any other third party involved in the arrangement arrangement, such as an airport or stadium authority, educational institution or other facilities operator ("Facilities Operator"), to offer for sale and sell the O'Charley's restaurant products and services in the Excluded Area. If Developer Operator does not meet all of the criteria and qualifications required by Licensor and the Facilities Operator, then Developer Operator shall not be granted the right to offer for sale and sell such products and services within the Excluded Area and Licensor may conduct such businessbusiness itself, or authorize any other person or Entity to do so. If Developer Operator meets all the conditions, criteria and qualifications, Licensor shall offer to Developer Operator the right to offer for sale and sell such products and services on such terms and conditions as such arrangements may be offered to third parties as determined by Licensor or such Facilities Operator, as applicable. Once such offer has been made to Developer Operator by Licensor in writing, Developer Operator shall have the right to accept such offer within thirty (30) days after receipt of such written notification. If Developer Operator fails to notify Licensor in writing of DeveloperOperator's intent to accept the offer within such thirty (30) day time period or Developer Operator fails to meet any criteria or qualifications imposed by Licensor or the Facilities Operator, Licensor may conduct such business itself, or authorize any other person or Entity to do so.