Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately: a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties; b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s trade secrets, signs, symbols, devices, trade names, trademarks, or other materials. c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx of the Franchisor or any mxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods; d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement; e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor; f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor; g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any Mxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s exclusive rights in such telephone numbers and directory listings and the Franchisor’s authority to direct their transfer; h. Abide by all restrictive covenants set forth in Article 20 of this Agreement; i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 2 contracts
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc), Franchise Agreement (Rocky Mountain Chocolate Factory Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. (a) Pay to the Franchisor all Royalties, Royalties and other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, Agreement or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the partiesotherwise;
b. (b) Cease to identify identifying itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use QUIZNOS franchisee and cease using any of the Franchisor’s Marks, trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.materials of Franchisor and its affiliates;
c. (c) Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, Franchisor and immediately cease using any proprietary mxxx of the Franchisor or any mxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods;
d. (d) Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms forms, and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this AgreementFranchisor;
e. (e) Immediately deliver to the Franchisor the Operations Manual and all other information, documents documents, and copies thereof which are proprietary to the FranchisorFranchisor and its affiliates;
f. (f) Promptly take such action as may be required to cancel all fictitious or assumed names name or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the FranchisorFranchisor or its designee;
g. (g) Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified classified, or other telephone directory listings associated with any Mxxx Mark and authorize their transfer to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy telecopy, or facsimile machine numbers and directory listings associated with any MxxxMark. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s 's attorney-in-in- fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy telecopy, or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store Restaurant to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;; and
h. (h) Abide by all restrictive covenants set forth in Article Section 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease Cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and, if deemed necessary by the Franchisor, paint or otherwise change the interior and exterior of the Franchisee’s former Store to distinguish it from a ROCKY MOUNTAIN CHOCOLATE FACTORY Store, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver Deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its the Franchisee’s use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Xxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxXxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s exclusive rights in such telephone numbers and directory listings and the Franchisor’s authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 2 contracts
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc), Franchise Agreement (Rocky Mountain Chocolate Factory Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. (a) Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. (b) Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s 's trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. (c) Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods;
d. (d) Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear which bears the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. (e) Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. (f) Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. (g) Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Xxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxXxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store Business to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;; and
h. (h) Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx mark of the Franchisor or any mxxx mark in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Mark and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxMark. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s exclusive rights in such telephone numbers and directory listings and the Franchisor’s authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s 's trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx mark of the Franchisor or any mxxx mark in any way associated with the witx xxe ROCKY MOUNTAIN CHOCOLATE FACTORY XXXTORY Marks and Licensed Methods;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear which bears the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Mark and to authorize transfer thereof to the Franchisor or its xxx designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxMark. The Franchisee authorizes the Franchisor, and hereby appoints axxxxnts the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet internet all sites referring to the Franchisee’s 's former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s 's sole discretion, all rights to any domain names for any sites on the Internet internet that refer to the Franchisee’s 's former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S MARK Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx mark of the Franchisor or any mxxx mark in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks FRANCHISOR’S XXXX Xxxxx and Licensed Methods;
d. Deliver to the Franchisor all Factory CandyFactory, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S MARK trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any Mxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s exclusive rights in such telephone numbers and directory listings and the Franchisor’s authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Xxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxXxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s exclusive rights in such telephone numbers and directory listings and the Franchisor’s authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, Advertising Contributions, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee PAK MAIL franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s 's trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor and, if deemed necessary by the Franchisor, paint or otherwise change the interior and exterior of the Center to distinguish it from a PAK MAIL Center and immediately cease using any proprietary mxxx mark of the Franchisor or Franchisxx xr any mxxx mark in any way associated assocxxxxd with the ROCKY MOUNTAIN CHOCOLATE FACTORY PAK MAIL Marks and Licensed MethodsSystem;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that items which bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logoPAK MAIL Mark, signs, signsigx-facesxxces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Mark and to authorize transfer xxxnsfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxMark. The Franchisee authorizes xxxhorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store PAK MAIL Center to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;
h. Comply with all applicable provisions of the Software License Agreement; and
i. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Pak Mail Centers of America Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease Cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and, if deemed necessary by the Franchisor, paint or otherwise change the interior and exterior of the Franchisee’s former Store to distinguish it from a ROCKY MOUNTAIN CHOCOLATE FACTORY Store, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver Deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its the Franchisee’s use of any Marks which are under franchise agreement - 28 the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Xxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxXxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s exclusive rights in such telephone numbers and directory listings and the Franchisor’s authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, Advertising Contributions, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee PAK MAIL franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s 's trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor and, if deemed necessary by the Franchisor, paint or otherwise change the interior and exterior of the Center to distinguish it from a PAK MAIL Center and immediately cease using any proprietary mxxx mark of the Franchisor Fraxxxxsor or any mxxx mark in any way associated assocxxxxd with the ROCKY MOUNTAIN CHOCOLATE FACTORY PAK MAIL Marks and Licensed MethodsSystem;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that items which bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logoPAK MAIL Mark, signs, sign-facesfacxx, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Mark and to authorize transfer xxxnsfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxMark. The Franchisee Franxxxxee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store PAK MAIL Center to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;
h. Comply with all applicable provisions of the Software License Agreement; and
i. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Pak Mail Centers of America Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s 's trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks and Licensed Methods;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Xxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxXxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s 's former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s 's sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s 's former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. (A) Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, agreement between the parties;
b. (B) Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee QUIZNO'S franchi-see or use any of the Franchisor’s Marks, trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.materials of Franchisor;
c. (C) Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks Marks- and Licensed Methods;
d. (D) Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. (E) Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. (F) Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. (G) Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Xxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges acknowledg-es that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxXxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store Restaurant to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement Agree-ment as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;; and
h. (H) Abide by all restrictive covenants set forth in Article Section 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Quiznos Corp)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S XXXX Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FACTORY Marks FRANCHISOR’S XXXX Xxxxx and Licensed Methods;
d. Deliver to the Franchisor all Factory CandyFactory, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY FRANCHISOR’S XXXX trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any Mxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s exclusive rights in such telephone numbers and directory listings and the Franchisor’s authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. (a) Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. (b) Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s 's trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. (c) Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx xxxx of the Franchisor or any mxxx xxxx in any way associated with the ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY Marks and Licensed Methods;
d. (d) Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear which bears the ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. (e) Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. (f) Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. (g) Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Xxxx and to authorize transfer thereof to the Franchisor or its designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxXxxx. The Franchisee authorizes the Franchisor, and hereby appoints the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY Store Business to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;; and
h. (h) Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc)
Obligations of Franchisee Upon Termination or Expiration. The Franchisee is obligated upon termination or expiration of this Agreement to immediately:
a. Pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties;
b. Cease to identify itself as a ROCKY MOUNTAIN CHOCOLATE FACTORY Franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor’s 's trade secrets, signs, symbols, devices, trade names, trademarks, or other materials.
c. Immediately cease to identify the Franchised Location as being, or having been, associated with the Franchisor, and immediately cease using any proprietary mxxx mark of the Franchisor or any mxxx mark in any way associated with the witx xxe ROCKY MOUNTAIN CHOCOLATE FACTORY XXXTORY Marks and Licensed Methods;
d. Deliver to the Franchisor all Factory Candy, Store Candy and Items of inventory that bear the ROCKY MOUNTAIN CHOCOLATE FACTORY trade name or logo, signs, sign-faces, advertising materials, forms and other materials bearing any of the Marks or otherwise identified with the Franchisor and obtained by and in connection with this Agreement;
e. Immediately deliver to the Franchisor the Operations Manual and all other information, documents and copies thereof which are proprietary to the Franchisor;
f. Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
g. Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee’s 's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mxxx Mark and to authorize transfer thereof to the Franchisor or its xxx designee. The Franchisee acknowledges that, as between the Franchisee and the Franchisor, the Franchisor has the sole rights to and interest in all telephone, telecopy or facsimile machine numbers and directory listings associated with any MxxxMark. The Franchisee authorizes the Franchisor, and hereby appoints axxxxnts the Franchisor and any of its officers as the Franchisee’s 's attorney-in-fact, to direct the telephone company and all telephone directory publishers to transfer any telephone, telecopy or facsimile machine numbers and directory listings relating to the ROCKY MOUNTAIN CHOCOLATE FACTORY Store to the Franchisor or its designee, should the Franchisee fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of the Franchisor’s 's exclusive rights in such telephone numbers and directory listings and the Franchisor’s 's authority to direct their transfer;
h. Abide by all restrictive covenants set forth in Article 20 of this Agreement;
i. Sign a general release, in a form satisfactory to the Franchisor, of any and all claims against the Franchisor, its affiliates and their respective officers, directors, employees and agents; and
j. If applicable, take such action as may be required to remove from the Internet all sites referring to the Franchisee’s 's former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks and to cancel or assign to the Franchisor, in the Franchisor’s 's sole discretion, all rights to any domain names for any sites on the Internet that refer to the Franchisee’s 's former ROCKY MOUNTAIN CHOCOLATE FACTORY Store or any of the Marks.
Appears in 1 contract
Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc)