PREMISES OF THIS AGREEMENT Sample Clauses

PREMISES OF THIS AGREEMENT. 1. Licensee hereby agrees that this Agreement is premised upon the following of facts which are accepted, and specifically agreed upon by Licensee:
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PREMISES OF THIS AGREEMENT. The aim of the parties in concluding this Agreement is to promote economic stability and equilibrium on the employment market, both of which constitute a basis for development and increasing the number of jobs. In accordance with this aim, this Agreement is based on the following premises:
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PREMISES OF THIS AGREEMENT. 1. Licensee hereby agrees that this Agreement is premised upon the following of facts which are accepted, and specifically agreed upon by Licensee: a. Company is the exclusive Licensee of Dairy Queen in the territory comprising the subject matter of this Agreement entitled to use, license, and permit others to use the trademark and trade name "Dairy Queen" and certain other trademarks (hereinafter referred to as "derivative trademarks") which are derived from the words "Dairy Queen" or either of said words or abbreviations thereof, including by way of example and not limitation trademarks employing the use of the word "Queen", the letters - "Q" or "D.Q."; said "Dairy Queen" trademark having been registered in the State of Arizona and in the United States Patent Office as Registrations Nos. 728,531 and 728,894. This Agreement and undertaking by License includes every single use or derivation of the trademark, the method, or of operation, or any information or material or items derived therefrom. b. Company and its predecessors in interest have promoted, developed and established within said areas a franchise business under said exclusive license, which comprises the selling of a frozen and/or semi-frozen dairy product in various forms (including for example such items as buster and dilly bars) under the trademark "Dairy Queen" from retail stores bearing the trade name "Dairy Queen", has used the trademark "Dairy Queen" or freezers used in the preparation of and dispensing said product and has employed certain other equipment, items, designs, logos, promotional material, merchandising methods, techniques, standards, requirements, uniforms, supplies, ingredients, methods, and other techniques, which are to remain the specific property of Company, and, after this Agreement ends, are to be returned to Company, and for which Licensee has no right to utilize said items. c. In entering this Agreement, Licensee agrees that Licensee desires to engage in the "Dairy Queen" business and further desires to enter into this written franchise and license agreement with Company for the use of the trademark and trade name and any derivative trademarks, and to become involved in a business subject to the covenants set forth herein, the use of the merchandising methods employed herein, said use by Licensee to be subject to conditions and controls herein prescribed for the purposes of offering to the public wholesome products of a uniform quality and standard and of protecting ...
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Related to PREMISES OF THIS AGREEMENT

  • Terms of this Agreement The Parties acknowledge that this Agreement and all of the respective terms of this Agreement shall be treated as Confidential Information of both Parties.

  • Construction of this Agreement The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.

  • Amendment of this Agreement No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in a manner consistent with the 1940 Act and rules and regulations thereunder and any applicable SEC exemptive order therefrom.

  • Term of this Agreement The term of this Agreement shall continue in effect, unless earlier terminated by either party hereto as provided hereunder, for a period of two years. Thereafter, unless otherwise terminated as provided herein, this Agreement shall be renewed automatically for successive one-year periods. This Agreement may be terminated without penalty: (i) by provision of sixty (60) days' written notice; (ii) by mutual agreement of the parties; or (iii) for "cause" (as defined herein) upon the provision of thirty (30) days' advance written notice by the party alleging cause.

  • Amendments of this Agreement This Agreement may be amended by the parties only if such amendment is specifically approved by (i) the Board of Directors of the Fund, to the extent permitted by the Investment Company Act, or by the vote of a majority of the outstanding shares of the Portfolio, and (ii) by the vote of a majority of those directors of the Fund who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval.

  • Scope of this Agreement 2.1. This Agreement, including Parts A through L, Tables One and Two and exhibits, specifies the rights and obligations of each Party with respect to the establishment, purchase, and sale of Local Interconnection, Collocation, resale of Telecommunications Services and Unbundled Network Elements. Certain terms used in this Agreement shall have the meanings defined in PART A – DEFINITIONS, or as otherwise elsewhere defined throughout this Agreement. Other terms used but not defined in this Agreement will have the meanings ascribed to them in the Act and in the FCC’s and the Commission’s rules, regulations and orders. PART B sets forth the general terms and conditions governing this Agreement. The remaining Parts set forth, among other things, descriptions of the services, pricing, technical and business requirements, and physical and network security requirements.

  • of this Agreement If the State elects to accept the defective or nonconforming Work, a Change Order will be issued to reflect a reduction in the Contract Sum. The Architect will recommend to the State the value of diminishment of the defective or nonconforming Work. Such adjustment shall be effected whether or not final payment has been made.

  • Duration of this Agreement The Term of this Agreement shall be as specified in Schedule A hereto.

  • Execution of this Agreement This Agreement may be executed in multiple counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.

  • Modification of this Agreement This Agreement may not be modified, nor may compliance with any of its terms be waived, except as noted in Section 11.1, “Notices to Parties,” regarding change in personnel or place, and except by written instrument executed and approved in the same manner as this Agreement. Contractor shall cooperate with Department to submit to the Director of CMD any amendment, modification, supplement or change order that would result in a cumulative increase of the original amount of this Agreement by more than 20% (CMD Contract Modification Form).

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