Common use of Negotiation of Fees Clause in Contracts

Negotiation of Fees. Each party agrees that: (a) the Annual Continuing Fee payable under this Article 5 was established by extensive, good faith, arms-length negotiations between the parties in which each party was represented by counsel and advised by accountants familiar with the health care industry and franchising, and (b) each party is satisfied that the Annual Continuing Fee payable pursuant to this Article 5 represents the present, and (as applicable) reasonably anticipated during the Initial Term, fair market value of the franchise.

Negotiation of Fees. Each party agrees hereby acknowledges that: (a) the Annual Continuing Fee payable under pursuant to this Article 5 was established by during the course of extensive, good faith, arms-length negotiations between the parties parties, in which each party was represented by counsel and advised by accountants accountants, which professionals are familiar with the health care healthcare industry and franchising, and (b) each party it is fully satisfied that the Annual Continuing Fee payable pursuant to this Article 5 represents the present, and (as applicable) reasonably anticipated during the Initial Term, fair market value Fair Market Value of the franchiseFranchise.