Common use of Operations Director Clause in Contracts

Operations Director. (a) Franchisee must appoint, employ and authorize an Operations Director who must either be the General Manager or any other natural person approved in advance by FRANCHISOR in FRANCHISOR’s reasonable discretion. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. The Operations Director at the date of this Agreement is the person specified as such for the Franchised Restaurant in each Unit Addendum. (b) The Operations Director shall devote his or her full time and reasonable efforts to the overall supervision and day-to-day operations of the Franchised Restaurants (and any other Txx Hortons Restaurants in respect of which he or she is approved by FRANCHISOR as the Operations Director). Franchisee covenants that the Operations Director will at all times have the authority to direct any action necessary to ensure that the day-to-day operation of the Franchised Restaurants is in compliance with the Standards. (c) The Operations Director must live in the vicinity of the business office of Franchisee in the Territory, as the term “vicinity” is defined for Operations Directors by FRANCHISOR from time to time, in its reasonable discretion. (d) If the approved Operations Director ceases to hold that position in Franchisee, Franchisee shall, as soon as practicable, and in any event no later than ninety (90) days after such cessation, appoint a replacement who, subject to clause 4.4(a), must be approved in advance by FRANCHISOR in its reasonable discretion. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. (e) If Franchisee seeks FRANCHISOR’s approval of a natural person other than the General Manager to act as the initial or replacement Operations Director, Franchisee understands that in deciding whether to approve such natural person, FRANCHISOR may consider the reasons for having different persons in such roles, the respective levels of financial commitment (such as percentage of ownership, if applicable) of the individuals, the number of Franchised Restaurants operated by Franchisee, the management structure and quality of Franchisee’s operations, whether the General Manager will also commit to devote full time and attention and reasonable efforts to the operation of Franchised Restaurants and such other factors as FRANCHISOR may deem appropriate for consideration.

Operations Director. (a) Franchisee must appoint, employ and authorize an Operations Director who must either be the General Manager or any other natural person approved in advance by FRANCHISOR BKE in FRANCHISORBKE’s reasonable sole discretion. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. The Operations Director at the date of this Agreement is the person specified as such for the Franchised Restaurant in each Unit Addendum.Schedule A. (b) The Franchisee must ensure that the Operations Director shall devote devotes his or her full time and reasonable best efforts to the overall supervision and day-to-day operations of the Franchised Restaurants Restaurant (and any other Txx Hortons Burger King Restaurants in respect of which he or she is approved by FRANCHISOR BKE as the Operations Director). Franchisee covenants that the Operations Director will at all times have the authority to direct any action necessary to ensure that the day-to-day operation of the Franchised Restaurants Restaurant is in compliance with the StandardsMOD Manual, this Agreement and such other directions, policies, procedures, standards and specifications as may be issued by BKE from time to time. (c) The Operations Director must live in the vicinity of the business office of Franchisee in the TerritoryFranchised Restaurant, as the term “vicinity” is defined for Operations Directors by FRANCHISOR BKE from time to time, in its reasonable discretion. (d) If the approved Operations Director ceases to hold that position in Franchisee, Franchisee shall, as soon as practicable, and in any event no later than ninety (90) 90 days after such cessation, appoint a replacement who, subject to clause 4.4(a), who must be approved in advance by FRANCHISOR BKE in its reasonable sole discretion. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. (e) If Franchisee seeks FRANCHISORBKE’s approval of a natural person other than the General Manager Managing Owner to act as the initial or replacement Operations Director, Franchisee understands that in deciding whether to approve such natural person, FRANCHISOR BKE may consider the reasons for having different persons in such roles, the respective levels of financial commitment (such as percentage of ownership, if applicable) of the individuals, the number of Franchised Burger King Restaurants operated by Franchisee, the management structure and quality of Franchisee’s operations, whether the General Manager Managing Owner will also commit to devote full time and attention and reasonable best efforts to the operation of Franchised Burger King Restaurants and such other factors as FRANCHISOR BKE may deem appropriate for consideration.

Operations Director. (a) Franchisee must appoint, employ and authorize an Operations Director who must either be the General Manager or any other natural person approved in advance by FRANCHISOR in FRANCHISOR’s reasonable sole discretion. For The Operations Director may also be the avoidance of doubtManaging Owner, subject to FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the requestapproval, in its sole discretion. The Operations Director at the date of this Agreement is the person specified as such for the Franchised Restaurant in each Unit Addendum.Schedule A. (b) The Franchisee must ensure that the Operations Director shall devote devotes his or her full time energy and reasonable best efforts to the overall supervision and day-to-day operations of the Franchised Restaurants Restaurant (and any other Txx Hortons Burger King Restaurants in respect of which he or she is approved by FRANCHISOR as the Operations Director). Franchisee covenants that the Operations Director will at all times have the authority to direct any action necessary to ensure that the day-to-day operation of the Franchised Restaurants Restaurant is in compliance with the StandardsMOD Manual, this Agreement and such other directions, policies, procedures, standards and specifications as may be issued by FRANCHISOR or BKAP, as the case may be, from time to time. (c) The Operations Director must live in the vicinity of the business office of Franchisee in the TerritoryFranchised Restaurant, as the term “vicinity” is defined for Operations Directors by FRANCHISOR from time to time, in its reasonable discretion. (d) If the approved Operations Director ceases to hold that position in Franchisee, Franchisee shall, as soon as practicable, and in any event no later than ninety (90) 90 days after such cessation, appoint a replacement who, subject to clause 4.4(a), who must be approved in advance by FRANCHISOR in its reasonable sole discretion. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. (e) If Franchisee seeks FRANCHISOR’s approval of a natural person other than the General Manager Managing Owner to act as the initial or replacement Operations Director, Franchisee understands that in deciding whether to approve such natural person, FRANCHISOR may consider the reasons for having different persons in such roles, the respective levels of financial commitment (such as percentage of ownership, if applicable) of the individuals, the number of Franchised Burger King Restaurants operated by Franchisee, the management structure and quality of Franchisee’s operations, whether the General Manager Managing Owner will also commit to devote full time and attention and reasonable best efforts to the operation of Franchised Burger King Restaurants and such other factors as FRANCHISOR may deem appropriate for consideration.

Operations Director. (a) Franchisee must appoint, employ and authorize an Operations Director who must either be the General Manager Managing Owner or any other natural person approved in advance by FRANCHISOR in FRANCHISOR’s reasonable discretion. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. The Operations Director at the date of this Agreement is the person specified as such for the Franchised Restaurant in each Unit Addendum. (b) The Operations Director shall devote his or her full time and reasonable efforts to the overall supervision and day-to-day operations of the Franchised Restaurants (and any other Txx Hortons Burger King Restaurants in respect of which he or she is approved by FRANCHISOR as the Operations Director). Franchisee covenants that the Operations Director will at all times have the authority to direct any action necessary to ensure that the day-to-day operation of the Franchised Restaurants is in compliance with the Standards. (c) The Operations Director must live in the vicinity of the business office of the Franchisee in the Territory, as the term “vicinity” is defined for Operations Directors by FRANCHISOR from time to time, in its reasonable discretion. (d) If the approved Operations Director ceases to hold that position in Franchisee, Franchisee shall, as soon as practicable, and in any event no later than ninety (90) days after such cessation, appoint a replacement who, subject to clause 4.4(a), must be approved in advance by FRANCHISOR in its reasonable discretion. For the avoidance of doubt, FRANCHISOR’s failure to provide any response regarding the request for approval within sixty (60) days of receiving the request from Franchisee shall constitute an approval of the request. (e) If Franchisee seeks FRANCHISOR’s approval of a natural person Person other than the General Manager Managing Owner to act as the initial or replacement Operations Director, Franchisee understands that in deciding whether to approve such natural personPerson, FRANCHISOR may consider the reasons for having different persons in such roles, the respective levels of financial commitment (such as percentage of ownership, if applicable) of the individuals, the number of Franchised Restaurants operated by Franchisee, the management structure and quality of Franchisee’s operations, whether the General Manager Managing Owner will also commit to devote full time and attention and reasonable efforts to the operation of Franchised Restaurants and such other factors as FRANCHISOR may deem appropriate for consideration.