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Common use of PREMISES OF THIS AGREEMENT Clause in Contracts

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 Licensee includes every single use or derivation of the trademark, the method, or mode 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 of 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 the interest of all persons engaged in said business. d. That by entering this Agreement, Licensee specifically agrees to become subject to all regulations, policies, and standards as set forth by Company from time to time.

Appears in 2 contracts

Samples: Store Operating License Agreement (Bowlin Travel Centers Inc), Store Operating License Agreement (Bowlin Outdoor Advertising & Travel Centers Inc)

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 Licensee License includes every single use or derivation of the trademark, the method, or mode 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 of 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 the interest interests of all persons engaged in said business. d. That by entering this Agreement, Licensee specifically agrees to become subject to all regulations, policies, and standards as set forth by Company from time to time.

Appears in 2 contracts

Samples: Store Operating License Agreement (Bowlin Outdoor Advertising & Travel Centers Inc), Store Operating License Agreement (Bowlin Travel Centers Inc)

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 Licensee License includes every single use or derivation of the trademark, the method, or mode 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 of 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 the interest of all persons engaged in said business. d. That by entering this Agreement, Licensee specifically agrees to become subject to all regulations, policies, and standards as set forth by Company from time to time.

Appears in 1 contract

Samples: Store Operating License Agreement