Common use of No Further Right to Payment Clause in Contracts

No Further Right to Payment. Upon termination or expiration of this Agreement, the Marketer forfeits all fees paid to the Franchisor and remains liable to the Franchisor for all amounts due to the Franchisor on the date of termination or expiration. The Marketer shall have no further right to receive payment of commissions or Service Fees from the Franchisor, except for those commissions or Service Fees which have been fully earned by the Marketer up through the date of such termination or expiration. For purposes of this Agreement, "fully earned" commissions shall mean commissions due on franchise sales for which all conditions described in Section 6.1 of this Agreement have been met or fulfilled for the purchase of a franchise for a PAK MAIL Center to be located within the Territory by the Marketer. "Fully earned" Service Fees shall mean those Service Fees which accrue up through the date of termination which are otherwise owed to the Marketer. The Franchisor shall have the right to immediately assume control of and manage all franchise sales in the Territory and to receive all Service Fees from Franchisees in the Territory. Any fully earned commissions or Service Fees which are due to the Marketer will be paid by the Franchisor in accordance with the provisions of Article 6 of this Agreement.

Appears in 2 contracts

Samples: Marketing Agreement (Pak Mail Centers of America Inc), Area Marketing Agreement (Pak Mail Centers of America Inc)

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No Further Right to Payment. Upon termination or expiration of this Agreement, the Marketer forfeits all fees paid to the Franchisor and remains liable to the Franchisor for all amounts due to the Franchisor on the date of termination or expiration. The Marketer shall have no further right to receive payment of commissions or Service Fees from the Franchisor, except for those commissions or Service Fees which have been fully earned by the Marketer up through the date of such termination or expiration. For purposes of this Agreement, "fully earned" commissions shall mean commissions due on franchise sales for which all conditions Franchise Sales Conditions described in Section 6.1 of this Agreement have been met or fulfilled for the purchase of a franchise for a PAK MAIL Center to be located within the Territory by the Marketer. "Fully earned" Service Fees shall mean those Service Fees which accrue up through the date of termination which are otherwise owed to the Marketer. The Franchisor shall have the right to immediately assume control of and manage all franchise sales in the Territory and to receive all Service Fees from Franchisees in the Territory. Any fully earned commissions or Service Fees which are due to the Marketer will be paid by the Franchisor in accordance with the provisions of Article 6 of this Agreement.

Appears in 2 contracts

Samples: Area Marketing Agreement (Pak Mail Centers of America Inc), Area Marketing Agreement (Pak Mail Centers of America Inc)

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