Obligations of Franchisee. 6.1. In consideration of the rights granted and the services provided by Poshtel to Franchisee under this Agreement, Franchisee shall make the Initial Investment as set out in Schedule 2 to this Agreement.
6.2. At all times during the term of the Agreement, Franchisee shall:
6.2.1. represent Poshtel and market the Poshtel PopUp® Concept strictly in accordance with the Poshtel standards at the highest standards and not wilfully to do anything that could or might in the sole reasonable opinion of Poshtel:
6.2.1.1. bring Poshtel and/or the Poshtel PopUp® Concept into disrepute or damage the reputation of Poshtel and/or the Poshtel PopUp® Concept;
6.2.1.2. harm the distinctiveness and reputation of and/or the goodwill attached to Poshtel and/or the Poshtel PopUp® Concept;
6.2.1.3. permit the trademarks, the trade name or any other trademark and/or trade name owned or licensed by Poshtel or its affiliated companies, to become generic.
6.2.2. Promote and extend Poshtel and the Poshtel PopUp® Concept and to increase the popularity of Poshtel and the Poshtel PopUp® Concept;
6.2.3. Represent Poshtel and/or the Poshtel PopUp® Concept as Poshtel reasonably specifies, unless prevented from doing so by any applicable laws;
6.2.4. only represent Poshtel and/or the Poshtel PopUp® Concept within the Territory if otherwise not defined by this Agreement;
6.2.5. Obtain from Poshtel prior written consent for any improvement or modification to the Poshtel PopUp® Concept, or any ideas or any other business opportunity which comes to its attention;
6.2.6. without delay, inform Poshtel of any problems concerning the Poshtel PopUp® Concept;
6.2.7. not use the trademarks, trade names and/or any other Intellectual Property Rights for any other purpose than for representing Poshtel and the Poshtel PopUp® Concept;
6.2.8. perform such other sales-related services in relation to the Poshtel PopUp® Concept as Poshtel may reasonably require.
Obligations of Franchisee. Franchisee shall solicit and offer its tax return preparation services exclusively for the Franchised Business and exclusively at and from the Franchised Location, except as otherwise authorized, in advance, in writing, by Franchisor, and shall use Franchisee’s best efforts to procure tax return preparation business for the Franchised Business. Franchisee shall not divert any customer to any other business offering the same or similar services as the Franchised Business.
8.2.1 Franchisee represents and warrants to Franchisor that neither Franchisee nor any of its employees, agents, representatives, registered tax preparers or owners have ever been the subject of disciplinary proceedings by any local, state or federal regulatory authority or other governmental agency, and that on the Effective Date, Franchisee is, or has in Franchisee’s employ, a registered tax preparer fully and currently licensed to operate in the state in which the Franchised Business is located.
8.2.2 Franchisee shall maintain in good standing all required tax return preparation certificates, permits or licenses for the Franchised Business. If Franchisee’s required tax return preparation certificates, permits or licenses are revoked, suspended or restricted, or if any action is instituted by any local, state or federal regulatory authority to revoke, suspend or restrict the certificates, permits or licenses, Franchisee shall, within twenty‐four (24) hours thereafter, notify Franchisor, in writing, of the occurrence of such event and Franchisor shall have the right to terminate this Agreement, without notice to Franchisee. If, at any time, Franchisee’s required certificates, permits or licenses are revoked, suspended or restricted, Franchisee shall neither solicit or perform any tax return preparation services for the Franchised Business nor earn any compensation for tax return preparation services from the Franchised Business and shall refer all requests for tax return preparation services to Franchisor for reassignment by Franchisor.
8.2.3 Franchisee shall only use tax return preparation software provided by Franchisor to provide tax return preparation services. Franchisee shall only use Franchisor’s forms, contracts and agreements to solicit and procure tax return preparation business for the Franchised Business. Franchisee shall not use any fictitious, corporate or other name to solicit or procure tax return preparation business for the Franchised Business.
8.2.4 The representations ...
Obligations of Franchisee. In order to preserve and protect the trade secrets and the confidential and proprietary information (the "Confidential Information") which are disclosed to the Franchisee during the term of this Agreement, the Franchisee agrees that:
1. The Franchise shall treat and maintain the Confidential Information as confidential both during the term of this Agreement and thereafter;
2. The Franchisee shall use the Confidential Information only for its operation of the Franchised Business under this Agreement;
3. The Franchisee shall disclose the Confidential Information only as necessary to its employees or agents who have a demonstrable and valid need to know the Confidential Information and not to anyone else;
4. The Franchisee shall restrict disclosure of the Confidential Information to only those of its employees or agents who are directly connected with the performance of work requiring knowledge thereof and shall disclose only so much of the Confidential Information as is required to enable those employees or agents to carry out their assigned duties;
5. The Franchisee shall advise its employees or agents of the confidential nature of such information and the requirements of nondisclosure thereof; and
6. The Franchisor and the Franchisee shall conduct a review to determine which employees will have access to the Confidential Information and to the Manuals. The Franchisee shall not disclose any Confidential Information or provide access to the Manuals to such employee or agent until that person executes a nondisclosure agreement in a form prescribed by the Franchisor, acknowledging the confidential and proprietary nature of the Confidential Information and agreeing not to disclose such information during the course of employment or thereafter. The Franchisor shall be designated a third- party beneficiary of such nondisclosure agreements with the right to enforce its provisions independently of the Franchisee.
Obligations of Franchisee. The Franchisee agrees as follows:
(a) upon the execution of this Agreement and prior to the commencement of the Business to enter into a registered user agreement in the form required by the Franchisor in respect of the Trade Marks and to execute such other registered user agreements during the Term as the Franchisor may require;
(b) at its own cost and expense to acquire the Premises or (as the case may be) to erect a building or structure to constitute the Premises in accordance with plans approved in writing by the Franchisor and to ensure that the Premises are without delay following such acquisition altered, refurbished, equipped and fitted out in accordance with the requirements of the Franchisor within
(c) to ensure that adequate financial resources are available to the Franchisee by way of working capital and otherwise to ensure that the Franchisee is able to fulfil all the obligations herein contained;
(d) to operate the Business strictly in accordance with the provisions of the Operating Manual and to conform in all respects and at all times with the System as modified from time to time to adopt all changes in the System as soon as required by the Franchisor and not at any time to use any additional trade name or symbol nor do or permit to be done anything which is additional to or not in accordance with the System without the prior consent in writing of the Franchisor;
(e) to ensure that the Business conforms with other businesses operated in accordance with the System with regard to quality, service and cleanliness, the Franchisee acknowledging that such conformity is of the utmost importance to the successful operation of the Business and the protection of the goodwill attaching to the Proprietary Marks;
(f) to comply with all advice and instructions given by the Franchisor with regard to the operation of the System and in the absence of any such instructions in relation to any particular matter to act in such a manner as the Franchisee might reasonably have considered to be most beneficial to the Franchisor;
(g) forthwith on commencement of the Business to engage all staff and other persons required for the commencement and successful operation of the Business [in accordance with the recruitment criteria set out in the Operating Manual] and to ensure that all such staff and replacements for such staff who are required under the terms of this Agreement to undergo training in the System, are trained in the System and any modifications thereto a...
Obligations of Franchisee. In order to preserve and protect the trade secrets and the confidential and proprietary information (the "Confidential Information") which are disclosed to you during the term of this Agreement, you agree that:
1. You will treat and maintain the Confidential Information as confidential both during the term of this Agreement and at all times thereafter;
2. You will use the Confidential Information only for your operation of the Franchised Business under this Agreement;
3. You will disclose the Confidential Information only as necessary to employees or agents who have a demonstrable and valid need to know the Confidential Information and not to anyone else;
4. You will restrict disclosure of the Confidential Information to only those employees or agents who are directly connected with the performance of work requiring knowledge thereof and will disclose only so much of the Confidential Information as is required to enable those employees or agents to carry out their assigned duties;
5. You will advise your employees or agents of the confidential nature of such information and the requirements of nondisclosure thereof; and
6. You and Able Oil will conduct a review to determine which employees will have access to the Confidential Information and to the Manual. You will not disclose any Confidential Information or provide access to the Manual to such employee or agent until that person executes a nondisclosure agreement in a form prescribed by Able Oil, acknowledging the confidential and proprietary nature of the Confidential Information and agreeing not to disclose the information during the course of employment or thereafter. Able Oil shall be designated a third-party beneficiary of such nondisclosure agreements with the right to enforce its provisions independently of from you.
Obligations of Franchisee. 11.1 The Franchisee will meet and bear the entire cost of furnishing and decorating the interior and exterior of the School Premises in accordance with the specifications and requirements of the Franchisor, particularly touching upon the following aspects of elevation, decor and interior design, selection of furniture, fittings, counters and stands, lighting system, illumination, window display, air conditioning, fire fighting equipment, furnishings, flooring, etc.
11.2 The Franchisee shall not use the said school for any other purpose except as provided under this Agreement and as required by the Franchisor and shall not indulge himself directly or indirectly in any illegal, unlawful or immoral activities at the School premises.
11.3 The Franchisee shall adhere to the syllabus fixed by the Franchisor for entire academic session at par with the CBSE syllabus.
11.4 The Franchisee shall adhere to all applicable rules and regulations prescribed for management and running of school.
11.5 The Franchisee shall attend the students/parents in a polite and decent manner.
11.6 The Franchisee shall keep the School premises in good state of maintenance and working order, with fittings and fixtures kept in good working order.
11.7 The Franchisee shall make his utmost efforts to promote and maintain the goodwill of the school.
11.8 The bills of electricity, water telephone and other municipal charges including PFA/Health License, Property Tax etc will be paid by the Franchisee only. The Franchisor shall not be liable for any such expenses. The Franchisor shall not be responsible for any variation, excess consumption or any incidental expenses, which may occurred because of use of the Premises.
11.9 The Franchisee shall arrange for all the service connections like electricity, water, telephone, sewer etc. and charges in respect thereof. The Franchisor shall not be responsible for any dispute arising out of such consumption of misuse or any third party claim in any manner whatsoever.
Obligations of Franchisee. During the term of the agreement the Franchisee will:
7.1 comply with all reasonable requirements of the Franchisor at all times;
7.2 devote whatever time and attention to the Franchise as is necessary to carry out and procure the greatest volume of business consistent with the provision of a good service to customers;
7.3 do everything that is required to promote and expand the Franchise;
7.4 protect the name and goodwill of the Franchise by conducting business in a responsible manner;
7.5 restrict the use of the Franchise name and assets for the purpose of the Franchise only;
7.6 abstain from any direct or indirect involvement with a competing business;
7.7 conduct the Franchise business from the address given in this agreement;
7.8 observe all national, regional and local laws of the Territory;
7.9 register the Franchise for Value Added Tax and any other taxes that may apply in the Territory if required;
7.10 operate valid insurance policies to cover Franchise property and contents, public liability, vehicles and other assets and liabilities of the Franchise Business if applicable.;
7.11 obtain all necessary licences required to operate the Franchise in the Territory;
7.12 not disclose to third parties the know-how provided by the Franchisor;
7.13 The Franchisee will be set an annual revenue target by the Franchisor of £90.000.00 per annum and this target shall be reviewed 12 months from the date of this agreement and every 12 months thereafter. Should the Franchisee fail to achieve the targets set by the Franchisor for a particular year, the Franchisee and Franchisor shall discuss possible remedies of increasing revenue. Should the Franchisee be persistent in failing to meet the set quarterly revenue targets then the Franchisor may at its discretion terminate this agreement by giving not less than 30 days’ notice to the Franchisee
Obligations of Franchisee. 4.1 Franchisee shall not transfer legal title to, mortgage, pledge or otherwise encumber the Retained Franchise without the prior written consent of Manager.
Obligations of Franchisee. 11.1 Franchise covenants and agrees that:
A. In order to further protect the System, the Proprietary Rights and the goodwill associated therewith, Franchisee shall:
(i) Operate under the Proprietary Marks and only in a manner consistent with the scope of the registration of such marks and advertise only under the Proprietary Rights designated by Franchisor for use for that purpose and will use such rights without prefix or suffix;
(ii) Feature and use the Proprietary ZAP Electric Vehicle Outlet solely in the manner prescribed by Franchisor pursuant to this Agreement and the Manual and as Franchisor may, from time to time, direct in writing;
(iii) Observe such requirement with respect to service xxxx, trade name, trademark and fictitious name registrations, patents and copyright notices in conformance with applicable law and as Franchisor may, from time to time, direct in writing; and
(iv) Upon receipt of written notice from Franchisor to discontinue the use, modify or substitute any name, xxxx or patent as Franchisor may direct, do so immediately.
B. Franchisee sells from the Outlet, all electric vehicle products, including but not limited to the Proprietary Products, and render such services specified by Franchisor; and not sell or offer for sale any other electric vehicle products or services of any kind or character without first obtaining the prior express written consent of Franchisor. Franchisee shall use only such Proprietary Products, methods of assembly and service as conform to the standards and specifications of Franchisor in effect from time to time. However, Franchisor shall not be responsible for any miscalculation with respect to the assemblage of electric vehicles, except with respect to those Proprietary Products manufactured and sold to Franchisee by Franchisor. Franchisee shall discontinue selling or offering for sale any products Franchisor may, in its discretion, disapprove in writing at any time.
C. Cause himself, herself and his or her employees to wear apparel which conforms strictly to the specifications, design, color and style approved by Franchisor from time to time.
D. Maintain at all times, at its expense, the Outlet, equipment, fixtures, furnishings and furniture and related premises, parking areas, landscape areas and interior and exterior signs in good, clean attractive and safe condition in conformity with Franchisor's high standards and public image, and in connection therewith, shall make such repairs and replacements th...
Obligations of Franchisee
