Obligations of the Licensee. The Licensee must: 11.1 conduct the School Canteen Services in a professional and competent manner; 11.2 comply with the Food Standards Code under the Food Xxx 0000 as amended from time to time or any other such Acts including requirements of the local council which amends or replaces those provisions; 11.3 use the Premises for School Canteen Services and keep it open to customers for such purposes during the Trading Hours; 11.4 not bring upon the Premises or permit to be done any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensor, its students or invitees at the School or which may breach any law or requirement of any competent authority for the time being in force; 11.5 not do or permit to be done in the Premises anything in the nature of overloading any floor; 11.6 not do or bring or permit to be done or brought upon the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor; 11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied by the Licensor to the Premises; 11.8 not carry out any structural or other alterations to the Premises; 11.9 not use or store chemicals, liquids or gas in the Premises without the prior written approval of the Licensor which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use; 11.10 not damage any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so; 11.11 permit any nominee of the Licensor at any time entry to the Premises; 11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term; 11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate; 11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School; 11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School; 11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior written consent of the Licensor; SAMPLE 11.17 not place any vending machine on any part of the School except within the Premises; 11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours; 11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services; 11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13; 11.21 upon the expiry of the Term or the sooner termination of this Licence, the Licensee must: a) vacate the Premises removing all property of the Licensee and leaving the items specified in Schedule 2; and b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and 11.22 not hold itself out to be an employee or agent of the Licensor.
Appears in 1 contract
Samples: Canteen Licence Agreement
Obligations of the Licensee. The Licensee must:
11.1 conduct the School Canteen Services in a professional and competent mannermanner and lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours and not install or use any surveillance devices without the expressed approval of the Licensor;
11.2 comply with the Food Standards Code under the Food Xxx 0000 as amended from time to time or any other such Acts including requirements of the local council which amends or replaces those provisions;
11.3 use the Premises for School Canteen Services and keep it open to customers for such purposes during the Trading Hours;
11.4 11.3 not bring upon the Premises or permit to be done any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensor, its students or invitees at the School or which may breach any law or requirement of any competent authority for the time being in forceforce with regard to the conduct of School Canteen Services from the Premises;
11.5 11.4 not do or permit to be done in the Premises anything in the nature of overloading any floor;
11.6 11.5 not do or bring or permit to be done or brought upon the Premises any act, matter or thing thing, which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 11.6 not interfere with any part of the fire alarm or other fire safety equipment including fire egresses, or sprinkler systems systems, which may exist at the Premises or any air conditioning equipment or any other machinery machinery, which may be supplied by the Licensor to the Premises;
11.8 11.7 not carry out any structural or other alterations to the Premises;
11.9 11.8 not use or store chemicals, liquids or gas in the Premises without the prior written approval of the Licensor Business Manager which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Usewithheld;
11.10 11.9 not damage any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so;
11.11 11.10 permit any nominee of the Licensor at any time entry to the Premises providing that reasonable notice having regard to the Licensee’s use of the premises and operation of the Canteen has been provided. In normal circumstances, the Licensor will provide notice of any external service provider inspections (pest control, security, fire safety etc);
11.11 be responsible for all testing and tagging of Licensee stock;
11.12 source, keep records of and comply with all necessary Material Safety Data Sheet for all chemicals used on the Premises;
11.12 11.13 comply with Food Standards Australia and New Zealand, NSW Health Department’s Canteen Strategy and Anaphylaxis guidelines;
11.14 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with Term including but not limited to the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control requirements of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior written consent of the Licensor; SAMPLE
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this LicenceFood Xxx 0000, the Licensee must:
a) vacate Public Health Xxx 0000, the Premises removing all property of Local Government Xxx 0000 and the Licensee Environmental Planning and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee Assessment Xxx 0000 or any amendments thereto or regulations made under this Licence it or in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent of the Licensor.substituted Act;
Appears in 1 contract
Samples: Canteen Licence Agreement
Obligations of the Licensee. 1) The Licensed Premises will be used only for carrying on the business of the Licensee and for no other purpose.
2) The Licensee must:
11.1 conduct shall not be deemed to be in the School Canteen Services exclusive occupation of the Licensed Premises and the Licensor will have the right to enter upon the Licensed Premises at any time to inspect the Licensed Premises with adequate prior notice to the Licensee and without inconveniencing the Licensee in a professional and competent manner;
11.2 comply any way. Provided always that the Licensor shall not interfere with the Food Standards Code under the Food Xxx 0000 as amended from time to time work or any other such Acts including requirements operation of the local council which amends or replaces those provisions;Licensee being lawfully carried on in the Licensed Premises.
11.3 3) The Licensee shall use the Licensed Premises for School Canteen Services as bare Licensee only and such use shall cease forthwith on the expiry of the term of this Agreement or upon sooner determination of this Agreement.
4) The Licensee shall use the Licensed Premises with due care and caution and shall keep it open to customers for such purposes during the Trading Hours;
11.4 not bring said Licensed Premises in good order and condition and upon the Premises expiry of this licence, the Licensee shall leave the same in good condition as they are on the date hereof and shall make compensation for any damage done (reasonable wear and tear excepted) due to the Licensee’s act or permit to be done omission).
5) The Licensee shall not cause any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensorpeople in the neighbourhood or store any hazardous goods on the Licensed Premises.
6) On the expiration of the said term or period of the licence or earlier termination thereof, its students or invitees at the School or Licensee shall hand over vacant and peaceful possession of the Licensed Premises to the Licensor in the same condition in which may breach any law or requirement the Licensed Premises now exist subject to normal wear and tear. The Licensee’s occupation of any competent authority for the time being in force;
11.5 not do or permit Licensed Premises after such termination will be deemed to be done that of a trespasser.
7) The Licensee shall under no circumstances assign or transfer the benefit of this Agreement to any other person.
8) In the event, the Licensee as a corporate entity, undertakes any restructuring resulting in formation of subsidiaries of the Licensee, the Licensee may be permitted to extend the use and occupation to such of its subsidiaries so far as the such subsidiaries are in the Premises anything in same line of business as the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon Licensee and that the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied permission by the Licensor to extend the Premises;
11.8 not carry out any structural or other alterations to use and occupation of the Premises;
11.9 not use or store chemicals, liquids or gas in Licensed Premises is at the Premises without the prior written approval absolute discretion of the Licensor which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use;
11.10 not damage any fixtures, structures or installations belonging to and with the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior ’s express written consent of the Licensor; SAMPLE
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such which consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licencewithheld. Provided however, the Licensee must:
a) vacate shall promptly notify the Premises removing all property Licensor of the use of the Licensed Premises by such subsidiaries.
9) The Licensee shall use the Licensed Premises without in any manner disturbing and leaving /or interfering with the items specified activities and business of the Licensor or its associated or its subsidiary companies or any other persons authorized by the Licensor in Schedule 2; andthis regard.
b10) leave The Licensee shall keep the Licensed Premises and every part thereof in clean and tidy condition. The Licensee shall not keep anything in or around the Licensed Premises, which shall always be kept un-littered and in tenantable condition.
11) The Licensee shall not in any way impede the Licensor or its personnel in the exercise of the right of possession and control of the Licensed Premises and every part thereof.
12) The Licensee will keep the interior of the Licensed Premises in good and substantial repair and condition.
13) The Licensor’s personnel shall at all times be granted unrestricted access to the Licensed Premises including every part thereof, fair wear for the purpose of maintaining/repairing the essential services/equipments located in and tear excepted taking into account around the condition in which Licensed Premises and also to check if any addition/alterations have been done by Licensee without the Premises were at the time consent of the first occupation Licensor with reasonable prior notice to the Licensee.
14) The Licensee herein represents, confirms and states that its paid up capital is in excess of Rs.1,00,00,000/-(Rupees One Crore only) and therefore, the provisions of the Premises newly introduced Maharashtra Rent Control Act, 1999, shall not apply to this Agreement. The Licensee hereby undertakes that as long as this Agreement is in force, it will not reduce its paid up capital or take any action which is likely to result in the reduction of its paid up capital. In the event the Licensee desires or determines to reduce its paid up capital below Rs.1,00,00,000 or such statutory limits as may be fixed by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which Maharashtra Rent Control Act, 1999 the Licensee is a party shall immediately inform the Licensor of such decision or took an assignment from desire to reduce the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent paid up equity capital. Upon such notification the provisions of clause IX(1) will apply. Moreover the Licensee acknowledges the right and entitlement of the LicensorLicensor to terminate this Agreement, in such an eventuality, the Licensee shall hand over the peaceful and vacant possession of the Licensed Premises to the Licensor within 30 days after being served a written notice by the Licensor and the Licensee shall not raise a claim for protection under the Maharashtra Rent Control Act, 1999 or any other modifications thereto, against the Licensor in respect of the Licensed Premises.
Appears in 1 contract
Obligations of the Licensee. 1) The Licensed Premises will be used only for carrying on the business of the LICENSEE and for no other purpose.
2) The LICENSEE shall not be deemed to be in the exclusive occupation of the Licensed Premises and the LICENSOR will have the right to enter upon the Licensed Premises at any time to inspect the Licensed Premises with adequate prior notice to the Licensee must:
11.1 conduct and without inconveniencing the School Canteen Services Licensee in a professional and competent manner;
11.2 comply any way. Provided always that the Licensor shall not interfere with the Food Standards Code under the Food Xxx 0000 as amended from time to time work or any other such Acts including requirements operation of the local council which amends or replaces those provisions;Licensee being lawfully carried on in the Licensed Premises.
11.3 3) The LICENSEE shall use the Licensed Premises for School Canteen Services as bare LICENSEE only and such use shall cease forthwith on the expiry of the term of this Agreement or upon sooner determination of this Agreement.
4) The LICENSEE shall use the Licensed Premises with due care and caution and shall keep it open to customers for such purposes during the Trading Hours;
11.4 not bring said Licensed Premises in good order and condition and upon the Premises expiry of this license, the LICENSEE shall leave the same in good condition as they are on the date hereof and shall make compensation for any damage done (reasonable wear and tear excepted) due to Licensee's act or permit to be done omission.
5) The LICENSEE shall not cause any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensor, its students or invitees at the School or which may breach any law or requirement of any competent authority for the time being in force;
11.5 not do or permit to be done people in the neighborhood or store any hazardous goods on the Licensed Premises.
6) On the expiration of the said term or period of the licence or earlier termination thereof, the LICENSEE shall hand over vacant and peaceful possession of the Licensed Premises anything to the LICENSOR in the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied by the Licensor to the Premises;
11.8 not carry out any structural or other alterations to the Premises;
11.9 not use or store chemicals, liquids or gas in the Premises without the prior written approval of the Licensor which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use;
11.10 not damage any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior written consent of the Licensor; SAMPLE
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licence, the Licensee must:
a) vacate the Premises removing all property of the Licensee and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the same condition in which the Licensed Premises were at the time of the first now exist subject to normal wear and tear. The LICENSEE'S occupation of the Licensed Premises after such termination will be deemed to be that of a trespasser.
7) The LICENSEE shall under no circumstances assign or transfer the benefit of this Agreement to any other person.
8) The LICENSEE shall keep the Licensed Premises and every part thereof in clean and tidy condition. The LICENSEE shall not keep anything in or around the Licensed Premises, which shall always be kept un-littered and in tenantable condition.
9) The LICENSEE shall not in any way impede the LICENSOR or its personnel in the exercise of the right of possession and control of the Licensed Premises and every part thereof.
10) The LICENSEE will keep the interior of the Licensed Premises in good and substantial repair and condition.
11) The LICENSOR'S personnel shall at all times be granted unrestricted access to the Licensed Premises including every part thereof, for the purpose of maintaining/repairing the essential services/equipments located in and around the Licensed Premises and also to check if any addition/alterations have been done by LICENSEE without the consent of the LICENSOR with adequate prior notice to the Licensee and without inconveniencing the Licensee in any way. Provided always that the Licensor shall not interfere with the work or operation of the Licensee being lawfully carried on in the Licensed Premises..
12) In the event of any amendment to the current laws or any new land laws being enacted by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which Legislature, the Licensee is a same shall not apply to either party or took an assignment from the licensee so as named in that licence; and
11.22 not hold itself out to be an employee or agent of the Licensorprejudicially effect their respective rights mutually agreed hereunder.
Appears in 1 contract
Obligations of the Licensee. The Licensee must:
11.1 conduct the School Canteen Services in a professional and competent mannermanner and lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours and not install or use any surveillance devices without the expressed approval of the Licensor;
11.2 comply with the Food Standards Code under the Food Xxx 0000 as amended from time to time or any other such Acts including requirements of the local council which amends or replaces those provisions;
11.3 use the Premises for School Canteen Services and keep it open to customers for such purposes during the Trading Hours;
11.4 11.3 not bring upon the Premises or permit to be done any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensor, its students or invitees at the School or which may breach any law or requirement of any competent authority for the time being in forceforce with regard to the conduct of School Canteen Services from the Premises;
11.5 11.4 not do or permit to be done in the Premises anything in the nature of overloading any floor;
11.6 11.5 not do or bring or permit to be done or brought upon the Premises any act, matter or thing thing, which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 11.6 not interfere with any part of the fire alarm or other fire safety equipment including fire egresses, or sprinkler systems systems, which may exist at the Premises or any air conditioning equipment or any other machinery machinery, which may be supplied by the Licensor to the Premises;
11.8 11.7 not carry out any structural or other alterations to the Premises;
11.9 11.8 not use or store chemicals, liquids or gas in the Premises without the prior written approval of the Licensor Business Manager which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Usewithheld;
11.10 11.9 not damage any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so;
11.11 11.10 permit any nominee of the Licensor at any time entry to the Premises providing that reasonable notice having regard to the Licensee’s use of the premises and operation of the Canteen has been provided. In normal circumstances, the Licensor will provide notice of any external service provider inspections (pest control, security, fire safety etc);
11.11 be responsible for all testing and tagging of Licensee stock;
11.12 source, keep records of and comply with all necessary Material Safety Data Sheet for all chemicals used on the Premises;
11.12 11.13 comply with Food Standards Australia and New Zealand, NSW Health Department’s Canteen Strategy and Anaphylaxis guidelines;
11.14 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the TermTerm including but not limited to the requirements of the Food Xxx 0000, the Public Health Xxx 0000, the Local Government Xxx 0000 and the Environmental Planning and Assessment Xxx 0000 or any amendments thereto or regulations made under it or any substituted Act;
11.13 comply 11.15 provide an accurate list to the Business Manager each term of items for sale articulating the brand, flavour variations and portion size/quantity.
11.16 consult with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by Business Manager on the Licensor menu and withdraw from sale at the Premises any item item, which has not been agreed with the Licensor Business Manager as being appropriate for sale in its absolute discretion, deems inappropriatethe Canteen;
11.14 11.17 not sell from the Premises any cigarettes cigarettes, pharmaceutical items or other tobacco products or permit any such products to be used in the Premises or otherwise where under its control in the School;
11.15 11.18 not bring into onto the Premises or consume, permit alcohol to be consumed in the Premises or permit anyone under the control of the Licensee to bring into alcohol onto the School or consume alcohol in the Premises School or to be under the Schoolinfluence of alcohol whilst working at the College;
11.16 11.19 not use any part of the Premises for any use use, which is not School Canteen Services and in particular particular, without limiting the generality of this clause clause, not permit any amusement machine, music machine, amplified sound system or television to be used without the prior written consent of the Licensor; SAMPLEBusiness Manager;
11.17 11.20 not place any vending machine on any part of the School except within with the Premisesapproval of the Business Manager in his or her sole discretion;
11.18 lock up 11.21 observe and secure comply with the Premises on leaving provisions of all relevant child protection legislation including the Premises each day after Children and Young Person (Care and Protection) Xxx 0000 (“the conclusion CCYP Act”) and any other ancillary legislation including but not limited to:
a) acknowledging that certain if not all of Trading Hoursthe students attending the School are minors;
11.19 b) compliance with the CCYP Act by the Licensee’s employees and subcontractors performing practical training for the Licensee;
c) carrying out employment screening;
d) notifying the Commission and the Licensor of any relevant disciplinary proceedings against any employee or of any applicant rejected for child related employment;
e) not employ, or continue the employment of a prohibited person; and
f) obtaining and verifying the Working with Children Clearance checks of all employees of the Licensee at the School through the employment screening process and providing these details to the Licensor; and in this clause words and phrases that are defined in either or both of the CCYP Act shall be interpreted as specified in either or both of those Acts;
11.22 identify hazards, assess risk and implement control strategies to minimise the risk of injury to people and property;
11.23 ensure the relevant Acts and Regulations that apply to working conditions and the work environment are observed and enforced;
11.24 encourage consultation in addressing safety issues;
11.25 design, purchase, install and maintain a safe site and machinery;
11.26 develop and implement safe systems of work;
11.27 provide adequate safety information, training and supervision.
11.28 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct by the Licensee of the School Canteen Services;
11.20 11.29 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the LicenseeLicensee in the Premises, such goods and price list must to be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such Licensor which consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13withheld;
11.21 11.30 upon the expiry of the Term or the sooner termination vacation of this Licence, the Premises by the Licensee must:
a) vacate give up possession of the Premises removing all property of the Licensee and leaving the items specified in Schedule 2; and
b) 2 to the Licensor and leave the Premises in good repair and condition, condition (fair wear and tear excepted excepted) taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence Licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; andLicence;
11.22 11.31 not hold itself out to be an employee or agent of the Licensor.
Appears in 1 contract
Samples: Canteen Licence Agreement
Obligations of the Licensee. The Licensee must:
11.1 conduct the School Canteen Services in a professional and competent manner;
11.2 comply with the Food Standards Code under the Food Xxx 0000 as amended from time to time or any other such Acts including requirements of the local council which amends or replaces those provisions;
11.3 use the Premises for School Canteen Services and keep it open to customers for such purposes during the Trading Hours;
11.4 not bring upon the Premises or permit to be done any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensor, its students or invitees at the School or which may breach any law or requirement of any competent authority for the time being in force;
11.5 not do or permit to be done in the Premises anything in the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied by the Licensor to the Premises;
11.8 not carry out any structural or other alterations to the Premises;
11.9 not use or store chemicals, liquids or gas in the Premises without the prior written approval of the Licensor which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use;
11.10 not damage any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior written consent of the Licensor; SAMPLE;
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licence, the Licensee must:
a) vacate the Premises removing all property of the Licensee and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent of the Licensor.
Appears in 1 contract
Samples: Canteen Licence Agreement
Obligations of the Licensee. 1) The Licensed Premises will be used only for carrying on the business of the Licensee and for no other purpose.
2) The Licensee must:
11.1 conduct shall not be deemed to be in the School Canteen Services exclusive occupation of the Licensed Premises and the Licensor will have the right to enter upon the Licensed Premises at any time to inspect the Licensed Premises with adequate prior notice to the Licensee and without inconveniencing the Licensee in a professional and competent manner;
11.2 comply any way. Provided always that the Licensor shall not interfere with the Food Standards Code under the Food Xxx 0000 as amended from time to time work or any other such Acts including requirements operation of the local council which amends or replaces those provisions;Licensee being lawfully carried on in the Licensed Premises.
11.3 3) The Licensee shall use the Licensed Premises for School Canteen Services as bare Licensee only and such use shall cease forthwith on the expiry of the term of this Agreement or upon sooner determination of this Agreement.
4) The Licensee shall use the Licensed Premises with due care and caution and shall keep it open to customers for such purposes during the Trading Hours;
11.4 not bring said Licensed Premises in good order and condition and upon the Premises expiry of this licence, the Licensee shall leave the same in good condition as they are on the date hereof and shall make compensation for any damage done (reasonable wear and tear excepted) due to the Licensee’s act or permit to be done omission.
5) The Licensee shall not cause any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensorpeople in the neighbourhood or store any hazardous goods on the Licensed Premises.
6) On the expiration of the said term or period of the licence or earlier termination thereof, its students or invitees at the School or Licensee shall hand over vacant and peaceful possession of the Licensed Premises to the Licensor in the same condition in which may breach any law or requirement the Licensed Premises now exist subject to normal wear and tear. The Licensee’s occupation of any competent authority for the time being in force;
11.5 not do or permit Licensed Premises after such termination will be deemed to be done that of a trespasser.
7) The Licensee shall under no circumstances assign or transfer the benefit of this Agreement to any other person.
8) In the event, the Licensee as a corporate entity, undertakes any restructuring resulting in formation of subsidiaries of the Licensee , the Licensee may be permitted to extend the use and occupation to such of its subsidiaries so far as the such subsidiaries are in the Premises anything in same line of business as the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon Licensee and that the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied permission by the Licensor to extend the Premises;
11.8 not carry out any structural or other alterations to use and occupation of the Premises;
11.9 not use or store chemicals, liquids or gas in Licensed Premises is at the Premises without the prior written approval absolute discretion of the Licensor and with the Licensor’s express written consent which approval consent shall not be unreasonably withheld if such use or storage is required for withheld. Provided however, the conduct Licensee shall promptly notify the Licensor of the Permitted Use;use of the Licensed Premises by such subsidiaries.
11.10 not damage 9) The Licensee shall use the Licensed Premises without in any fixtures, structures or installations belonging to manner disturbing and /or interfering with the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee activities and business of the Licensor at or its associated or its subsidiary companies or any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time persons authorized by the Licensor in this regard.
10) The Licensee shall keep the Licensed Premises and withdraw from sale at every part thereof in clean and tidy condition. The Licensee shall not keep anything in or around the Premises Licensed Premises, which shall always be kept un-littered and in tenantable condition.
11) The Licensee shall not in any item which way impede the Licensor in or its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used personnel in the Premises or otherwise in exercise of the School;
11.15 not bring into or consume, permit anyone under the right of possession and control of the Licensed Premises and every part thereof.
12) The Licensee to bring into or consume alcohol in will keep the Premises or the School;
11.16 not use any part interior of the Licensed Premises in good and substantial repair and condition.
13) The Licensor’s personnel shall at all times be granted unrestricted access to the Licensed Premises including every part thereof, for the purpose of maintaining/repairing the essential services/equipments located in and around the Licensed Premises and also to check if any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used addition/alterations have been done by Licensee without the prior written consent of the Licensor; SAMPLEprovided Licensor shall provide prior notice to the Licensee.
11.17 not place any vending machine on any part 14) The Licensee herein represents, confirms and states that its paid up capital is in excess of Rs.1,00,00,000/-( Rupees One Crore only) and therefore, the provisions of the School except newly introduced Maharashtra Rent Control Act ,1999, shall not apply to this Agreement. The Licensee hereby undertakes that as long as this Agreement is in force, it will not reduce its paid up capital or take any action which is likely to result in the reduction of its paid up capital .In the event the Licensee desires or determines to reduce its paid up capital below Rs.1,00,00,000 or such statutory limits as may be fixed by the Maharashtra Rent Control Act, 1999 the Licensee shall immediately inform the Licensor of such decision or desire to reduce the paid up equity capital. Upon such notification the provisions of clause IX(1) will apply. Moreover the Licensee acknowledges the right and entitlement of the Licensor to terminate this Agreement, in such an eventuality, the Licensee shall hand over the peaceful and vacant possession of the Licensed Premises to the Licensor within 30 days after being served a written notice by the Premises;
11.18 lock up Licensor and secure the Premises on leaving Licensee shall not raise a claim for protection under the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and Maharashtra Rent Control Act,1999 or any other obligations arising out of or connected with modifications thereto, against the conduct Licensor in respect of the School Canteen Services;Licensed Premises.
11.20 display 15) In the event of any amendment to the current laws or any new land laws being enacted by the Legislature, the same shall not apply to either party so as to prejudicially affect their respective rights mutually agreed hereunder.
16) The Licensee shall ensure that the Licensor or its representative, employee or workmen shall at all times have unobstructed access to the open areas around the Licensed Premises during the term of this Agreement for purposes of access to essential services or in a conspicuous place in case of emergencies.
17) Licensee shall be entitled to apply and obtain at its own cost separate telephone lines and other telecom infrastructure. The Licensee shall have the Premises for customers right to peruse a legible price list of surrender the goods said separate telephone lines to be sold by the Licensee, such goods and price list must be approved by the Principal telephone company on or before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licence, license. Licensor shall give necessary no objections and/or consent to enable the Licensee must:
a) vacate the Premises removing all property of the Licensee to obtain separate telephone lines, leased lines and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent of the Licensorother telecom infrastructure.
Appears in 1 contract
Obligations of the Licensee. 1) The Licensed Premises will be used only for carrying on the business of the Licensee and for no other purpose.
2) The Licensee must:
11.1 conduct shall not be deemed to be in the School Canteen Services exclusive occupation of the Licensed Premises and the Licensor will have the right to enter upon the Licensed Premises at any time to inspect the Licensed Premises with adequate prior notice to the Licensee and without inconveniencing the Licensee in a professional and competent manner;
11.2 comply any way. Provided always that the Licensor shall not interfere with the Food Standards Code under the Food Xxx 0000 as amended from time to time work or any other such Acts including requirements operation of the local council which amends or replaces those provisions;Licensee being lawfully carried on in the Licensed Premises.
11.3 3) The Licensee shall use the Licensed Premises for School Canteen Services as bare Licensee only and such use shall cease forthwith on the expiry of the term of this Agreement or upon sooner determination of this Agreement.
4) The Licensee shall use the Licensed Premises with due care and caution and shall keep it open to customers for such purposes during the Trading Hours;
11.4 not bring said Licensed Premises in good order and condition and upon the Premises expiry of this licence, the Licensee shall leave the same in good condition as they are on the date hereof and shall make compensation for any damage done (reasonable wear and tear excepted) due to the Licensee’s act or permit to be done omission).
5) The Licensee shall not cause any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensorpeople in the neighbourhood or store any hazardous goods on the Licensed Premises.
6) On the expiration of the said term or period of the licence or earlier termination thereof, its students or invitees at the School or Licensee shall hand over vacant and peaceful possession of the Licensed Premises to the Licensor in the same condition in which may breach any law or requirement the Licensed Premises now exist subject to normal wear and tear. The Licensee’s occupation of any competent authority for the time being in force;
11.5 not do or permit Licensed Premises after such termination will be deemed to be done that of a trespasser.
7) The Licensee shall under no circumstances assign or transfer the benefit of this Agreement to any other person.
8) In the event, the Licensee as a corporate entity, undertakes any restructuring resulting in formation of subsidiaries of the Licensee , the Licensee may be permitted to extend the use and occupation to such of its subsidiaries so far as the such subsidiaries are in the Premises anything in same line of business as the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon Licensee and that the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied permission by the Licensor to extend the Premises;
11.8 not carry out any structural or other alterations to use and occupation of the Premises;
11.9 not use or store chemicals, liquids or gas in Licensed Premises is at the Premises without the prior written approval absolute discretion of the Licensor and with the Licensor’s express written consent which approval consent shall not be unreasonably withheld if such use or storage is required for withheld. Provided however, the conduct Licensee shall promptly notify the Licensor of the Permitted Use;use of the Licensed Premises by such subsidiaries.
11.10 not damage 9) The Licensee shall use the Licensed Premises without in any fixtures, structures or installations belonging to manner disturbing and /or interfering with the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee activities and business of the Licensor at or its associated or its subsidiary companies or any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time persons authorized by the Licensor in this regard.
10) The Licensee shall keep the Licensed Premises and withdraw from sale at every part thereof in clean and tidy condition. The Licensee shall not keep anything in or around the Premises Licensed Premises, which shall always be kept un-littered and in tenantable condition.
11) The Licensee shall not in any item which way impede the Licensor in or its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used personnel in the Premises or otherwise in exercise of the School;
11.15 not bring into or consume, permit anyone under the right of possession and control of the Licensed Premises and every part thereof.
12) The Licensee to bring into or consume alcohol in will keep the Premises or the School;
11.16 not use any part interior of the Licensed Premises in good and substantial repair and condition.
13) The Licensor’s personnel shall at all times be granted unrestricted access to the Licensed Premises including every part thereof, for the purpose of maintaining/repairing the essential services/equipment located in and around the Licensed Premises and also to check if any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used addition/alterations have been done by Licensee without the prior written consent of the Licensor; SAMPLEprovided Licensor shall provide prior notice to the Licensee.
11.17 not place any vending machine on any part 14) The Licensee herein represents, confirms and states that its paid up capital is in excess of Rs.1,00,00,000/-( Rupees One Crore only) and therefore, the provisions of the School except newly introduced Maharashtra Rent Control Act, 1999, shall not apply to this Agreement. The Licensee hereby undertakes that as long as this Agreement is in force, it will not reduce its paid up capital or take any action which is likely to result in the reduction of its paid up capital .In the event the Licensee desires or determines to reduce its paid up capital below Rs.1,00,00,000 or such statutory limits as may be fixed by the Maharashtra Rent Control Act, 1999 the Licensee shall immediately inform the Licensor of such decision or desire to reduce the paid up equity capital. Upon such notification the provisions of clause IX(1) will apply. Moreover the Licensee acknowledges the right and entitlement of the Licensor to terminate this Agreement, in such an eventuality, the Licensee shall hand over the peaceful and vacant possession of the Licensed Premises to the Licensor within 30 days after being served a written notice by the Premises;
11.18 lock up Licensor and secure the Premises on leaving Licensee shall not raise a claim for protection under the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debtsMaharashtra Rent Control Act, claims and liabilities and 1999 or any other obligations arising out of or connected with modifications thereto, against the conduct Licensor in respect of the School Canteen Services;Licensed Premises.
11.20 display 15) In the event of any amendment to the current laws or any new land laws being enacted by the Legislature, the same shall not apply to either party so as to prejudicially affect their respective rights mutually agreed hereunder.
16) The Licensee shall ensure that the Licensor or its representative, employee or workmen shall at all times have unobstructed access to the open areas around the Licensed Premises during the term of this Agreement for purposes of access to essential services or in a conspicuous place in case of emergencies.
17) Licensee shall be entitled to apply and obtain at its own cost separate telephone lines and other telecom infrastructure. The Licensee shall have the Premises for customers right to peruse a legible price list of surrender the goods said separate telephone lines to be sold by the Licensee, such goods and price list must be approved by the Principal telephone company on or before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or license. Licensor shall give necessary shall give the sooner termination of this Licence, necessary no objections and/or consent to enable the Licensee must:
a) vacate the Premises removing all property of the Licensee to obtain separate telephone lines, leased lines and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent of the Licensorother telecom infrastructure.
Appears in 1 contract
Obligations of the Licensee. 1) The Licensed Premises will be used only for carrying on the business of the Licensee and for no other purpose.
2) The Licensee must:
11.1 conduct shall not be deemed to be in the School Canteen Services exclusive occupation of the Licensed Premises and the Licensor will have the right to enter upon the Licensed Premises at any time to inspect the Licensed Premises with adequate prior notice to the Licensee and without inconveniencing the Licensee in a professional and competent manner;
11.2 comply any way. Provided always that the Licensor shall not interfere with the Food Standards Code under the Food Xxx 0000 as amended from time to time work or any other such Acts including requirements operation of the local council which amends or replaces those provisions;Licensee being lawfully carried on in the Licensed Premises.
11.3 3) The Licensee shall use the Licensed Premises for School Canteen Services as bare Licensee only and such use shall cease forthwith on the expiry of the term of this Agreement or upon sooner determination of this Agreement.
4) The Licensee shall use the Licensed Premises with due care and caution and shall keep it open to customers for such purposes during the Trading Hours;
11.4 not bring said Licensed Premises in good order and condition and upon the Premises expiry of this licence, the Licensee shall leave the same in good condition as they are on the date hereof and shall make compensation for any damage done (reasonable wear and tear excepted) due to the Licensee’s act or permit to be done omission).
5) The Licensee shall not cause any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensorpeople in the neighbourhood or store any hazardous goods on the Licensed Premises.
6) On the expiration of the said term or period of the licence or earlier termination thereof, its students or invitees at the School or Licensee shall hand over vacant and peaceful possession of the Licensed Premises to the Licensor in the same condition in which may breach any law or requirement the Licensed Premises now exist subject to normal wear and tear. The Licensee’s occupation of any competent authority for the time being in force;
11.5 not do or permit Licensed Premises after such termination will be deemed to be done that of a trespasser.
7) The Licensee shall under no circumstances assign or transfer the benefit of this Agreement to any other person.
8) In the event, the Licensee as a corporate entity, undertakes any restructuring resulting in formation of subsidiaries of the Licensee , the Licensee may be permitted to extend the use and occupation to such of its subsidiaries so far as the such subsidiaries are in the Premises anything in same line of business as the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon Licensee and that the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied permission by the Licensor to extend the Premises;
11.8 not carry out any structural or other alterations to use and occupation of the Premises;
11.9 not use or store chemicals, liquids or gas in Licensed Premises is at the Premises without the prior written approval absolute discretion of the Licensor and with the Licensor’s express written consent which approval consent shall not be unreasonably withheld if such use or storage is required for withheld. Provided however, the conduct Licensee shall promptly notify the Licensor of the Permitted Use;use of the Licensed Premises by such subsidiaries.
11.10 not damage 9) The Licensee shall use the Licensed Premises without in any fixtures, structures or installations belonging to manner disturbing and /or interfering with the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee activities and business of the Licensor at or its associated or its subsidiary companies or any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time persons authorized by the Licensor in this regard.
10) The Licensee shall keep the Licensed Premises and withdraw from sale at every part thereof in clean and tidy condition. The Licensee shall not keep anything in or around the Premises Licensed Premises, which shall always be kept un-littered and in tenantable condition.
11) The Licensee shall not in any item which way impede the Licensor in or its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used personnel in the Premises or otherwise in exercise of the School;
11.15 not bring into or consume, permit anyone under the right of possession and control of the Licensed Premises and every part thereof.
12) The Licensee to bring into or consume alcohol in will keep the Premises or the School;
11.16 not use any part interior of the Licensed Premises in good and substantial repair and condition.
13) The Licensor’s personnel shall at all times be granted unrestricted access to the Licensed Premises including every part thereof, for the purpose of maintaining/repairing the essential services/equipments located in and around the Licensed Premises and also to check if any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used addition/alterations have been done by Licensee without the prior written consent of the Licensor; SAMPLEprovided Licensor shall provide prior notice to the Licensee.
11.17 not place any vending machine on any part 14) The Licensee herein represents, confirms and states that its paid up capital is in excess of Rs. 1,00,00,000/- ( Rupees One Crore only) and therefore, the provisions of the School except newly introduced Maharashtra Rent Control Act ,1999, shall not apply to this Agreement. The Licensee hereby undertakes that as long as this Agreement is in force, it will not reduce its paid up capital or take any action which is likely to result in the reduction of its paid up capital .In the event the Licensee desires or determines to reduce its paid up capital below Rs. 1,00,00,000 or such statutory limits as may be fixed by the Maharashtra Rent Control Act, 1999 the Licensee shall immediately inform the Licensor of such decision or desire to reduce the paid up equity capital. Upon such notification the provisions of clause IX(1) will apply. Moreover the Licensee acknowledges the right and entitlement of the Licensor to terminate this Agreement, in such an eventuality, the Licensee shall hand over the peaceful and vacant possession of the Licensed Premises to the Licensor within 30 days after being served a written notice by the Premises;
11.18 lock up Licensor and secure the Premises on leaving Licensee shall not raise a claim for protection under the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debtsMaharashtra Rent Control Act, claims and liabilities and 1999 or any other obligations arising out of or connected with modifications thereto, against the conduct Licensor in respect of the School Canteen Services;Licensed Premises.
11.20 display 15) In the event of any amendment to the current laws or any new land laws being enacted by the Legislature, the same shall not apply to either party so as to prejudicially affect their respective rights mutually agreed hereunder.
16) The Licensee shall ensure that the Licensor or its representative, employee or workmen shall at all times have unobstructed access to the open areas around the Licensed Premises during the term of this Agreement for purposes of access to essential services or in a conspicuous place in case of emergencies.
17) Licensee shall be entitled to apply and obtain at its own cost separate telephone lines and other telecom infrastructure. The Licensee shall have the Premises for customers right to peruse a legible price list of surrender the goods said separate telephone lines to be sold by the Licensee, such goods and price list must be approved by the Principal telephone company on or before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licence, license. Licensor shall give necessary no objections and/or consent to enable the Licensee must:
a) vacate the Premises removing all property of the Licensee to obtain separate telephone lines, leased lines and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent of the Licensorother telecom infrastructure.
Appears in 1 contract
Obligations of the Licensee. The 3.1 Prior to Licensee’s use of the Licensed Intellectual Properly on any new Designated Product or on any significant redesign or change of a previously approved Designated Product, Licensee mustshall, at Licensee’s expense, submit to Licensor, for Licensor’s prior written approval (which shall not be unreasonably withheld), the following:
11.1 conduct (a) two specimens of each Designated Product to be sold by Licensee using the School Canteen Services in a professional and competent mannerLicensed Intellectual Property (“Specimens”);
11.2 comply with (b) evidence that such products have been approved by either Underwriters Laboratories (“UL”)and/or Intertek Testing Services, Inc (“ETL”) so that such approvals can be advertised and/or marked on the Food Standards Code under the Food Xxx 0000 as amended from time to time or any other such Acts including requirements of the local council which amends or replaces those provisionsDesignated Products;
11.3 use (c) any independent consumer product safety and performance test reports for each Specimen (“Test Reports”), to the Premises for School Canteen Services and keep it open extent that such Test Reports, in addition to customers for such purposes during UL or ETL approval, are in the Trading Hours;
11.4 not bring upon the Premises possession of Licensee or permit to be done any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensor, its students or invitees at the School or which may breach any law or requirement of any competent authority for the time being in force;
11.5 not do or permit to be done in the Premises anything in the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held reasonably requested by the Licensor;
11.7 not interfere (d) all artwork which Licensee intends to use in connection with any part the Designated Products: and
(e) all packaging, advertising and promotional literature which Licensee intends to use in the marketing of the fire alarm Designated Products. The items set forth in subsections (a) through (e) are hereby referred to as the “Approval Materials”. Licensor shall give Licensee written notice of its approval or sprinkler systems which disapproval within 15 business days from its receipt of the Approval Materials. If Licensor disapproves, its written notice shall explain in reasonable detail the reasons for disapproval so that Licensee may exist prepare and submit new Approval Materials. After Licensor has given its written approval of the Approval Materials, then such Approval Materials shall be the standard for the design, construction, quality and safety of the product produced using the trademarks thereafter (the “Approved Quality”). Thereafter, at the Premises or any air conditioning equipment or any other machinery which may be supplied by the 12-month intervals, upon Licensors written request, Licensee shall, at Licensee’s expense, submit to Licensor to the Premises;
11.8 Test Reports for not carry out any structural or other alterations to the Premises;
11.9 not use or store chemicals, liquids or gas in the Premises without less than two randomly selected production run samples (“Sample’) of each Designated Product. Without the prior written approval of the Licensor which approval Licensor. Licensee shall not be unreasonably withheld if such use sell or storage is required for the conduct of the Permitted Use;
11.10 not damage distribute any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services Designated Product which deviates from the Premises Approved Quality. including seconds and comply with all requirements of such competent authority throughout irregulars, under any circumstances without Licensor’s prior written consent. Notwithstanding the Term;
11.13 comply with the NSW Healthy School Canteen Strategyforegoing, or other relevant policies as published provided Licensee gives Licensor prior written notice, Licensee may from time to time revise packaging for the Designated Products solely to include or change statements or other information which may be required by the rules of UL. ETL or laws or regulations of any jurisdiction where such Designated Products are sold.
3.2 Licensee shall indicate on all product packaging and related advertising materials intended to be distributed to consumers that the licensed products are manufactured and distributed by or for Licensee.
3.3 Licensor shall have the right at reasonable times on prior notice to Licensee to visit any Designated Manufacturer no more than twice in a calendar year to conduct a survey or audit to ensure that reasonable quality controls are being used in association with the production of the Designated Products. Licensee agrees to cooperate with Licensor in carrying out such inspections
3.4 Licensee agrees to comply with any laws, rules and/or regulations with regard to the use and designation of the Licensed Intellectual Property within the Designated Territory, including the separate countries within the Designated Territory and other governmental units within such countries.
3.5 Licensee acknowledges and agrees that any unauthorized use or misuse of the Licensed Intellectual Property by Licensee may result in irreparable harm to Licensor and withdraw that Licensor, in addition to any other rights or remedies specified in this Agreement, shall be entitled to any remedy, legal or equitable. including without limitation preliminary injunctive relief, to correct or mitigate any harm which results from sale at such violation.
3.6 Licensee shall use commercially reasonable efforts in accordance with its customary business practices to use the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used Licensed Intellectual Property consistent with reasonable marketing plans in the Premises or otherwise in Licensee’s Territory.
3.7 At the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior written consent request of the Licensor, Licensee shall meet with Licensor at least quarterly per year to review and discuss advertising and promotion plans for the products sold under the Licensed Intellectual Property.
3.8 Where feasible, the Designated Products, product packaging, owners manuals and other related documents for the Designated Products, and promotional and advertising materials for the Designated Products bearing the Licensed Intellectual Property shall bear the appropriate trademark notice of “®” or “™” and the applicable patent information, if any, and shall additionally carry an appropriate ownership legend, as follows.
3.9 Licensee acknowledges that Licensor has not registered the Licensed Intellectual Property in any Designated Territory unless specifically set forth on Appendix A-1 or A-2; SAMPLEas appropriate. Licensee agrees that it will not sell or distribute any products bearing the Licensed Intellectual Property in any Designated Territory under this Agreement until
11.17 not place any vending machine (a) Licensor has properly registered the applicable Licensed Intellectual Property for such Designated Product (as indicated on any part of the School except within applicable Appendix or subsequent to the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination execution of this Licence, the Licensee must:
a) vacate the Premises removing all property of the Licensee and leaving the items specified in Schedule 2Agreement); and
or (b) leave the Premises Licensor and Licensee have mutually agreed in writing that such registration is not necessary. Upon Licensor’s request, Licensee shall cooperate fully and in good repair faith with Licensor for the purpose of securing and condition, fair wear preserving Licensor’s rights in and tear excepted taking into account to the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or Licensed Intellectual Property in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent of the LicensorDesignated Territory.
Appears in 1 contract
Samples: Cross License Agreement (Salton Inc)
Obligations of the Licensee. 5.1 The Licensee must:shall commence commercial production of Licensed Product as soon as reasonably possible after the Commencement Date.
11.1 conduct 5.2 The Licensee shall promote, distribute, sell and commercialise the School Canteen Services Licensed Products and to develop a market in the Territory for the Licensed Products.
5.3 The Licensee shall mark or cause to be marked in an indelible manner all Cartridges on a professional visible surface with the Design Patent number. The parties agree that notice placed on the plunger is sufficient. All brochures and competent mannerother promotional material will include the citation US Design Patent No D 407093 or its equivalent.
5.4 During this Agreement, the Licensee shall not act as agent of the Licensor, nor give any indication that it is acting otherwise than as principal, and in advertising or selling the Licensed Products not make any representation or give any warranty on behalf of the Licensor;
11.2 comply 5.5 The Licensee shall on reasonable notice from the Licensor give the Licensor’s authorised representative(s) free access at any reasonable times to the Licensee’s premises for the purpose of ensuring that the Licensed Products are being produced and used correctly in accordance with the Food Standards Code under Agreement and shall ensure that all sub-contractors are equally contractually obliged to provide the Food Xxx 0000 as amended same access to the Licensor’s authorised representative(s) provided that the Licensor shall not be entitled to inspect any particular premises more than twice in any calendar year.
5.6 The Licensee agrees to obtain whatever licences, statutory approvals or consents that may be needed in the Territory to manufacture and sell the Licensed Products and to provide the Licensor on reasonable request from time to time with evidence that it is has done so.
5.7 The Licensee shall notify the Licensor of:
5.2.1 all prosecutions, indictments and other like proceedings, threatened or any other such Acts including requirements commenced in the Territory in respect of the local council design, construction, manufacture or use of the Licensed Products, or
5.2.2 of any dispute of which amends or replaces those provisions;
11.3 use it is aware in the Premises for School Canteen Services and keep it open to customers for such purposes during the Trading Hours;
11.4 not bring upon the Premises or permit to be done any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance Territory relating to the LicensorLicensed Products, its students their use, construction or invitees at design.
5.8 Licensee shall notify Licensor of the School or which may breach any law or requirement names and locations of any competent authority for the time being in force;
11.5 not do or permit sub-contractor engaged by Licensee to manufacture Licensed Product, and provide Licensor with a copy of all sub-licenses and non-disclosure agreements. Such sub-contractors shall be done located in the Premises anything in the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon the Premises any actTerritory, matter or thing which might prejudicially affect the rights of the unless Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied by the Licensor to the Premises;
11.8 not carry out any structural or other alterations to the Premises;
11.9 not use or store chemicals, liquids or gas in the Premises without the prior expressly grants written approval of for sub-contractors located outside the Licensor which approval Territory.
5.9 Licensee shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use;
11.10 not damage any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor provide in its absolute discretion, deems inappropriate;
11.14 not sell from sales and use agreements with its re-sellers and end-users that Cartridges are single-use items and that the Premises re-filling of Cartridges by any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior written consent of the Licensor; SAMPLE
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day vendor after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licence, the Licensee must:
a) vacate the Premises removing all property of the Licensee and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of dispensing the first occupation unit of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which the Licensee contents is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent strictly prohibited for reasons of the Licensorquality control, consumer health and safety.
Appears in 1 contract
Obligations of the Licensee. 1) The Licensed Premises will be used only for carrying on the business of the Licensee and for no other purpose.
2) The Licensee must:
11.1 conduct shall not be deemed to be in the School Canteen Services exclusive occupation of the Licensed Premises and the Licensor will have the right to enter upon the Licensed Premises at any time to inspect the Licensed Premises with adequate prior notice to the Licensee and without inconveniencing the Licensee in a professional and competent manner;
11.2 comply any way. Provided always that the Licensor shall not interfere with the Food Standards Code under the Food Xxx 0000 as amended from time to time work or any other such Acts including requirements operation of the local council which amends or replaces those provisions;Licensee being lawfully carried on in the Licensed Premises.
11.3 3) The Licensee shall use the Licensed Premises for School Canteen Services as bare Licensee only and such use shall cease forthwith on the expiry of the term of this Agreement or upon sooner determination of this Agreement.
4) The Licensee shall use the Licensed Premises with due care and caution and shall keep it open to customers for such purposes during the Trading Hours;
11.4 not bring said Licensed Premises in good order and condition and upon the Premises expiry of this licence, the Licensee shall leave the same in good condition as they are on the date hereof and shall make compensation for any damage done (reasonable wear and tear excepted) due to the Licensee’s act or permit to be done omission).
5) The Licensee shall not cause any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensorpeople in the neighbourhood or store any hazardous goods on the Licensed Premises.
6) On the expiration of the said term or period of the licence or earlier termination thereof, its students or invitees at the School or Licensee shall hand over vacant and peaceful possession of the Licensed Premises to the Licensor in the same condition in which may breach any law or requirement the Licensed Premises now exist subject to normal wear and tear. The Licensee’s occupation of any competent authority for the time being in force;
11.5 not do or permit Licensed Premises after such termination will be deemed to be done that of a trespasser.
7) The Licensee shall under no circumstances assign or transfer the benefit of this Agreement to any other person.
8) In the event, the Licensee as a corporate entity, undertakes any restructuring resulting in formation of subsidiaries of the Licensee, the Licensee may be permitted to extend the use and occupation to such of its subsidiaries so far as the such subsidiaries are in the Premises anything in same line of business as the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon Licensee and that the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied permission by the Licensor to extend the Premises;
11.8 not carry out any structural or other alterations to use and occupation of the Premises;
11.9 not use or store chemicals, liquids or gas in Licensed Premises is at the Premises without the prior written approval absolute discretion of the Licensor which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use;
11.10 not damage any fixtures, structures or installations belonging to and with the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior ’s express written consent of the Licensor; SAMPLE
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such which consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licencewithheld. Provided however, the Licensee must:
a) vacate shall promptly notify the Premises removing all property Licensor of the use of the Licensed Premises by such subsidiaries.
9) The Licensee shall use the Licensed Premises without in any manner disturbing and leaving /or interfering with the items specified activities and business of the Licensor or its associated or its subsidiary companies or any other persons authorized by the Licensor in Schedule 2; andthis regard.
b10) leave The Licensee shall keep the Licensed Premises and every part thereof in clean and tidy condition. The Licensee shall not keep anything in or around the Licensed Premises, which shall always be kept un-littered and in tenantable condition.
11) The Licensee shall not in any way impede the Licensor or its personnel in the exercise of the right of possession and control of the Licensed Premises and every part thereof.
12) The Licensee will keep the interior of the Licensed Premises in good and substantial repair and condition.
13) The Licensor’s personnel shall at all times be granted unrestricted access to the Licensed Premises including every part thereof, fair wear for the purpose of maintaining/repairing the essential services/equipments located in and tear excepted taking into account around the condition in which Licensed Premises and also to check if any addition/alterations have been done by Licensee without the Premises were at the time consent of the first occupation Licensor with reasonable prior notice to the Licensee.
14) The Licensee herein represents, confirms and states that its paid up capital is in excess of Rs.1,00,00,000/-( Rupees One Crore only) and therefore, the provisions of the Premises newly introduced Maharashtra Rent Control Act, 1999, shall not apply to this Agreement. The Licensee hereby undertakes that as long as this Agreement is in force, it will not reduce its paid up capital or take any action which is likely to result in the reduction of its paid up capital. In the event the Licensee desires or determines to reduce its paid up capital below Rs.1,00,00,000 or such statutory limits as may be fixed by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which Maharashtra Rent Control Act, 1999 the Licensee is a party shall immediately inform the Licensor of such decision or took an assignment from desire to reduce the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent paid up equity capital. Upon such notification the provisions of clause IX(1) will apply. Moreover the Licensee acknowledges the right and entitlement of the LicensorLicensor to terminate this Agreement, in such an eventuality, the Licensee shall hand over the peaceful and vacant possession of the Licensed Premises to the Licensor within 30 days after being served a written notice by the Licensor and the Licensee shall not raise a claim for protection under the Maharashtra Rent Control Act,1999 or any other modifications thereto, against the Licensor in respect of the Licensed Premises.
Appears in 1 contract
Obligations of the Licensee. 1) The Licensed Premises will be used only for carrying on the business of the Licensee and for no other purpose.
2) The Licensee must:
11.1 conduct shall not be deemed to be in the School Canteen Services exclusive occupation of the Licensed Premises and the Licensor will have the right to enter upon the Licensed Premises at any time to inspect the Licensed Premises with adequate prior notice to the Licensee and without inconveniencing the Licensee in a professional and competent manner;
11.2 comply any way. Provided always that the Licensor shall not interfere with the Food Standards Code under the Food Xxx 0000 as amended from time to time work or any other such Acts including requirements operation of the local council which amends or replaces those provisions;Licensee being lawfully carried on in the Licensed Premises.
11.3 3) The Licensee shall use the Licensed Premises for School Canteen Services as bare Licensee only and such use shall cease forthwith on the expiry of the term of this Agreement or upon sooner determination of this Agreement.
4) The Licensee shall use the Licensed Premises with due care and caution and shall keep it open to customers for such purposes during the Trading Hours;
11.4 not bring said Licensed Premises in good order and condition and upon the Premises expiry of this licence, the Licensee shall leave the same in good condition as they are on the date hereof and shall make compensation for any damage done (reasonable wear and tear excepted) due to the Licensee’s act or permit to be done omission.
5) The Licensee shall not cause any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance to the Licensorpeople in the neighbourhood or store any hazardous goods on the Licensed Premises.
6) On the expiration of the said term or period of the licence or earlier termination thereof, its students or invitees at the School or Licensee shall hand over vacant and peaceful possession of the Licensed Premises to the Licensor in the same condition in which may breach any law or requirement the Licensed Premises now exist subject to normal wear and tear. The Licensee’s occupation of any competent authority for the time being in force;
11.5 not do or permit Licensed Premises after such termination will be deemed to be done that of a trespasser.
7) The Licensee shall under no circumstances assign or transfer the benefit of this Agreement to any other person.
8) In the event, the Licensee as a corporate entity, undertakes any restructuring resulting in formation of subsidiaries of the Licensee , the Licensee may be permitted to extend the use and occupation to such of its subsidiaries so far as the such subsidiaries are in the Premises anything in same line of business as the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon Licensee and that the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied permission by the Licensor to extend the Premises;
11.8 not carry out any structural or other alterations to use and occupation of the Premises;
11.9 not use or store chemicals, liquids or gas in Licensed Premises is at the Premises without the prior written approval absolute discretion of the Licensor which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use;
11.10 not damage any fixtures, structures or installations belonging to and with the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machine, music machine, amplified sound system or television to be used without the prior ’s express written consent of the Licensor; SAMPLE
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such which consent shall not be unreasonably withheld subject withheld. Provided however, the Licensee shall promptly notify the Licensor of the use of the Licensed Premises by such subsidiaries.
9) The Licensee shall use the Licensed Premises without in any manner disturbing and /or interfering with the activities and business of the Licensor or its associated or its subsidiary companies or any other persons authorized by the Licensor in this regard.
10) The Licensee shall keep the Licensed Premises and every part thereof in clean and tidy condition. The Licensee shall not keep anything in or around the Licensed Premises, which shall always be kept un-littered and in tenantable condition.
11) The Licensee shall not in any way impede the Licensor or its personnel in the exercise of the right of possession and control of the Licensed Premises and every part thereof.
12) The Licensee will keep the interior of the Licensed Premises in good and substantial repair and condition.
13) The Licensor’s personnel shall at all times be granted unrestricted access to clauses 4.2the Licensed Premises including every part thereof, 4.4 for the purpose of maintaining/repairing the essential services/equipments located in and 11.13;around the Licensed Premises and also to check if any addition/alterations have been done by Licensee without the consent of the Licensor with reasonable prior notice to the Licensee.
11.21 upon 14) The Licensee herein represents, confirms and states that its paid up capital is in excess of Rs.1,00,00,000/-( Rupees One Crore only) and therefore, the provisions of the newly introduced Maharashtra Rent Control Act ,1999, shall not apply to this Agreement. The Licensee hereby undertakes that as long as this Agreement is in force, it will not reduce its paid up capital or take any action which is likely to result in the reduction of its paid up capital .In the event the Licensee desires or determines to reduce its paid up capital below Rs.1,00,00,000 or such statutory limits as may be fixed by the Maharashtra Rent Control Act, 1999 the Licensee shall immediately inform the Licensor of such decision or desire to reduce the paid up equity capital. Upon such notification the provisions of clause IX(1) will apply .Moreover the Licensee acknowledges the right and entitlement of the Licensor to terminate this Agreement, in such an eventuality , the Licensee shall hand over the peaceful and vacant possession of the Licensed Premises to the Licensor within 30 days after being served a written notice by the Licensor and the Licensee shall not raise a claim for protection under the Maharashtra Rent Control Act,1999 or any other modifications thereto , against the Licensor in respect of the Licensed Premises.
15) In the event of any amendment to the current laws or any new land laws being enacted by the Legislature, the same shall not apply to either party so as to prejudicially affect their respective rights mutually agreed hereunder.
16) The Licensee shall ensure that the Licensor or its representative, employee or workmen shall at all times have unobstructed access to the open areas around the Licensed Premises during the term of this Agreement for purposes of access to essential services or in case of emergencies.
17) Licensee shall be entitled to apply and obtain at its own cost separate telephone lines and other telecom infrastructure. The Licensee shall have the right to surrender the said separate telephone lines to the telephone company on or before the expiry of the Term or license. Licensor shall give necessary shall give the sooner termination of this Licence, necessary no objections and/or consent to enable the Licensee must:
a) vacate the Premises removing all property of the Licensee to obtain separate telephone lines, leased lines and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence in which the Licensee is a party or took an assignment from the licensee as named in that licence; and
11.22 not hold itself out to be an employee or agent of the Licensorother telecom infrastructure.
Appears in 1 contract
Obligations of the Licensee. The 6.1 [Intentionally Omitted]
6.2 During the Term the Licensee must:
11.1 conduct the School Canteen Services in a professional and competent manner;
11.2 comply with the Food Standards Code under the Food Xxx 0000 as amended from time to time or any other such Acts including requirements of the local council which amends or replaces those provisions;
11.3 use the Premises for School Canteen Services and keep it open to customers for such purposes during the Trading Hours;
11.4 not bring upon the Premises or permit to be done any act, matter or thing which may be a nuisance or inconvenience or cause damage or annoyance shall pay to the LicensorLicensor a royalty of a percent of Revenues determined in accordance with Schedule A hereof, its students or invitees at the School or which may breach any law or requirement of any competent authority for the time being together with interest on overdue royalty payments, if any, as provided in force;Section 7.3.
11.5 not do or permit 6.3 The royalty payment referred to be done in the Premises anything in the nature of overloading any floor;
11.6 not do or bring or permit to be done or brought upon the Premises any act, matter or thing which might prejudicially affect the rights of the Licensor under any insurance policy held Section 6.2 shall become due and payable by the Licensor;
11.7 not interfere with any part of the fire alarm or sprinkler systems which may exist at the Premises or any air conditioning equipment or any other machinery which may be supplied by the Licensor to the Premises;
11.8 not carry out any structural or other alterations to the Premises;
11.9 not use or store chemicals, liquids or gas in the Premises without the prior written approval of the Licensor which approval shall not be unreasonably withheld if such use or storage is required for the conduct of the Permitted Use;
11.10 not damage any fixtures, structures or installations belonging to the Licensor, in the Premises or permit anyone else to do so;
11.11 permit any nominee of the Licensor at any time entry to the Premises;
11.12 obtain all necessary consents from any competent authority for the conduct of School Canteen Services from the Premises and comply with all requirements of such competent authority throughout the Term;
11.13 comply with the NSW Healthy School Canteen Strategy, or other relevant policies as published from time to time by the Licensor and withdraw from sale at the Premises any item which the Licensor in its absolute discretion, deems inappropriate;
11.14 not sell from the Premises any cigarettes or other tobacco products or permit any such products to be used in the Premises or otherwise in the School;
11.15 not bring into or consume, permit anyone under the control of the Licensee to bring into or consume alcohol in the Premises or the School;
11.16 not use any part of the Premises for any use which is not School Canteen Services and in particular without limiting the generality of this clause not permit any amusement machineLicensor on a quarterly basis, music machine, amplified sound system or television to be used without the prior written consent of the Licensor; SAMPLE
11.17 not place any vending machine on any part of the School except within the Premises;
11.18 lock up and secure the Premises on leaving the Premises each day after the conclusion of Trading Hours;
11.19 promptly discharge all debts, claims and liabilities and any other obligations arising out of or connected starting with the conduct of the School Canteen Services;
11.20 display at all times in a conspicuous place in the Premises for customers to peruse a legible price list of the goods to be sold by the Licensee, such goods and price list must be approved by the Principal before the Commencement Date and at any time the Licensee proposes to vary the goods sold and/or the prices. Such consent shall not be unreasonably withheld subject to clauses 4.2, 4.4 and 11.13;
11.21 upon the expiry of the Term or the sooner termination of this Licence, the Licensee must:
a) vacate the Premises removing all property of the Licensee and leaving the items specified in Schedule 2; and
b) leave the Premises in good repair and condition, fair wear and tear excepted taking into account the condition in which the Premises were at the time of the first occupation of the Premises by the Licensee under this Licence or in any licence agreement pre-dating this Licence quarter in which the Licensee is receives Revenue, with the payments due on the last day of the month following a party quarterly period and will be accompanied by the information described in Section 7.2. As used herein, the term quarterly period shall refer to the fiscal quarters of Licensee, which end on the last day of January, April, July, and October of each year.
6.4 On each of the first five (5) anniversaries of the Effective Date, the Licensee shall pay the Licensor the sum of Ten Thousand US Dollars ($10,000), as a non refundable advance against royalty payments due and payable pursuant to Section 6.2. Each non-refundable advance shall be an advance against any royalty payments otherwise due with respect to the annual period following the anniversary of the Effective Date on which such advance was due.
6.5 Payment of all patent office fees and costs and reasonable attorneys fees relating to the filing, prosecution, and maintenance of Patent rights, which are incurred on or took an assignment after February 11, 1998 with the approval of Licensee shall be the responsibility of Licensee. If Licensor, or Licensee with the Licensor’s consent, files any patent applications that Licensor elects to include in the Patent Rights as provided in Section 2.2, all payment of all fees and costs relating to the filing, prosecution, and maintenance of such additional patents, shall be the responsibility of Licensee. Licensee may, at its sole discretion, have any and all patent prosecution and maintenance performed by the attorney or firm of Licensee’s choice. If, after due consideration and subject to Licensee’s obligations under Section 6.6, Licensee decides not to prosecute or maintain any patent or patent application within the Patent Rights, Licensee shall so inform Xxxxxxxx, and Licensor thereafter may continue such prosecution or maintenance at Licensor’s option and expense. In that case, if Xxxxxxxx decides not to prosecute or maintain any patent or patent application within the Patent Rights, Licensor shall so inform Licensee, and Licensee thereafter may continue such prosecution or maintenance at Licensee’s option and expense.
6.6 The Licensee, either through itself or through its permitted assigns and sublicensees, will use reasonable efforts to bring the Technology to market through a development marketing program and will use reasonable efforts to continue such efforts for the Technology for five (5) years from the licensee as named in that licence; and
11.22 not hold itself out Effective Date. In the event Licensee fails to be an employee or agent bring the Technology to market within five (5) years of the LicensorEffective Date, the License shall become non-exclusive, and all royalty rates shall be reduced by half, and Licensee shall no longer be responsible for the costs of maintaining and prosecuting the patents and applications, but the License shall otherwise remain in full force and effect.
Appears in 1 contract
