Manager Representations and Covenants. Manager represents and warrants to Franchisor that: a. Manager is not in control of or controlled by persons who have been convicted of any felony or a crime involving moral turpitude, or been convicted of any other crime or offense or committed any acts, or engaged in any conduct that is reasonably likely to have an adverse effect on the System, the Proprietary Marks, the goodwill associated therewith, or Franchisor’s interests therein; b. neither Manager nor any affiliate of Manager is a Competitor; c. the Management Agreement is valid, binding and enforceable; contains no terms, conditions, or provisions that are, or through any act or omission of Franchisee or Manager, may be or may cause a breach of or default under the Franchise Agreement; and is for a term of not less than ten (10) years; and d. neither Manager nor any affiliate of Manager is a person or entity with whom United States persons are prohibited from transacting business.
Appears in 3 contracts
Samples: Franchise Agreement (Apple REIT Eight, Inc.), Franchise Agreement (Apple REIT Eight, Inc.), Franchise Agreement (Apple REIT Eight, Inc.)
Manager Representations and Covenants. Manager represents and warrants to Franchisor that:
a. Manager is not in control of or controlled by persons who have been convicted of any felony or a crime involving moral turpitude, or been convicted of any other crime or offense or committed any acts, or engaged in any conduct that is reasonably likely to have an adverse effect on the System, the Proprietary Marks, the goodwill associated therewith, or Franchisor’s interests therein;
b. neither Manager nor any affiliate of Manager is a Competitor;
c. the Management Agreement is valid, binding and enforceable; contains no terms, conditions, or provisions that are, or through any act or omission of Franchisee or Manager, may be or may cause a breach of or default under the Franchise Agreement; and is for a term of not less than ten (10) years; and
d. neither Manager nor any affiliate of Manager is a person or entity with whom United States persons are prohibited from transacting business.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement (Apple REIT Seven, Inc.)
Manager Representations and Covenants. Manager represents and warrants to Franchisor that:
a. Manager is not in control of or controlled by persons who have been convicted of any felony or a crime involving moral turpitude, or been convicted of any other crime or offense or committed any acts, or engaged in any conduct that is reasonably likely to have an adverse effect on the System, the Proprietary Marks, the goodwill associated therewith, or Franchisor’s interests therein;
b. neither Manager nor any affiliate of Manager is a Competitor;
c. the Management Agreement is valid, binding and enforceable; : contains no terms, conditions, or provisions that are, or through any act or omission of Franchisee or Manager, may be or may cause a breach of or default under the Franchise Agreement; and is for a term of not less than ten (10) years; and
d. neither Manager nor any affiliate of Manager is a person or entity with whom United States persons are prohibited from transacting business.
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