Common use of Proprietary Marks Clause in Contracts

Proprietary Marks. 6.01. Franchisee acknowledges that Franchisee's right to use the Marks is derived solely from this Agreement and is limited to the conduct of the Franchised Business by Franchisee pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by Franchisor from time to time during the term of this Agreement. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. Franchisee acknowledges that all usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of Franchisor and that this Agreement does not confer any goodwill or other interests in the Marks upon Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed to Franchisee by Franchisor after the date of this Agreement. 6.02. Franchisee shall not use any Xxxx or portion of any Xxxx as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may Franchisee use any Xxxx in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. Franchisee shall give such notices of trademark and service xxxx registrations as Franchisor specifies and obtain such fictitious or assumed name registrations as may be required under applicable law, and at Franchisee's expense. Franchisee shall not use any of the Marks in any manner which has not been specified or approved by Franchisor. 6.03. Franchisee shall promptly notify Franchisor of any Claim based upon or arising from any attempt by any other Person to use the Marks or any colorable imitation thereof. Franchisee shall also notify Franchisor of any Claim against Franchisee relating to the Marks, within ten (10) days after Franchisee received notice of such Claim. Upon receipt of timely notice of a Claim against Franchisee relating to the Marks, Franchisor shall have the sole right to defend any such action. Franchisor shall have the exclusive right to contest or bring action against any third party regarding the third party's use of any of the Marks and shall exercise such right in its sole discretion. In any defense or prosecution of any litigation relating to the Marks undertaken by Franchisor, Franchisee shall cooperate with Franchisor and execute any and all documents and take all actions as may be desirable or necessary in the opinion of Franchisor and/or its counsel, to carry out such defense or prosecution. Both parties will make every effort consistent with the foregoing to protect, maintain, and promote the Marks and their distinguishing characteristics. 6.04. If it becomes advisable at any time, and from time to time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any Xxxx, including, but not limited to, the "TA" Xxxx, and/or use one (1) or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisee shall immediately, upon the request of Franchisor, and in any event upon termination of this Agreement, at no expense to Franchisor, discontinue and take such legal or other action as may be necessary to discontinue the use of the Marks.

Proprietary Marks. 6.01. A. Franchisee acknowledges that Franchisor's affiliate is the owner of all right, title and interest together with all the goodwill of the Marks and that Franchisee's right to use the Marks is derived solely from this Agreement and is limited to the conduct of the Franchised Business business by Franchisee pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by Franchisor from time to time during the term of this Agreementthe franchise. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor and its affiliate in and to the Marks. Franchisee acknowledges that all usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of Franchisor and its affiliate and that this Agreement does not confer any goodwill or other interests in the Marks upon FranchiseeFranchisee and its affiliate. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed to Franchisee by Franchisor after the date of this Agreement. 6.02. B. Franchisee shall not use any Xxxx or portion of any Xxxx of the Marks as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may . Franchisee shall not use any Xxxx Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. Franchisee shall properly attribute ownership of the Marks to Franchisor's affiliate and shall give such notices of trademark and service xxxx registrations as Franchisor specifies and obtain such fictitious or assumed name registrations as may be required under applicable law, and at Franchisee's expense. Franchisee shall not use any of the Marks in any manner which has not been specified or approved by Franchisor. 6.03. C. Franchisee shall promptly notify Franchisor of any Claim potential or actual claim, demand, or cause of action known by Franchisee or which Franchisee reasonably suspects or believes may exist, based upon or arising from any attempt by any other Person person, firm or corporation to use the Marks or any colorable imitation thereof. Franchisee shall also notify Franchisor of any Claim action, claim or demand against Franchisee relating to the Marks, Marks within ten (10) days after Franchisee received receives notice of such Claimsaid action, claim or demand. Upon receipt of timely notice of a Claim an action, claim or demand against Franchisee relating to the Marks, Franchisor and/or its affiliate shall have the sole right to defend any such determine all matters and issues relating to the defense of said action. Franchisor and/or its affiliate shall have the exclusive right to challenge, oppose, contest or bring legal action against any third party regarding the third party's use of any of the Marks and shall exercise such right in its sole discretion. In any defense or prosecution of any litigation relating to the Marks or components of the System undertaken by FranchisorFranchisor and/or its affiliate, Franchisee shall cooperate with Franchisor and/or its affiliate and execute any and all documents and take all actions as may be desirable or necessary in the opinion of Franchisor Franchisor's and/or its affiliate's counsel, to carry out such defense protect the Marks and to defend or prosecutionprosecute any litigation relating to the Marks or components of the System. Both parties will make every effort consistent with the foregoing to protect, maintain, and promote the Marks as identifying the System and their distinguishing characteristicsonly the System. FRANCHISOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS. 6.04. D. If it becomes advisable at any time, and from time to time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any Xxxx, including, but not limited to, of the "TA" XxxxMarks, and/or use one (1) or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisee shall immediately, upon the request of Franchisor, and in Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any event upon termination of this Agreement, at no expense Xxxx. E. In order to Franchisor, discontinue preserve the validity and take such legal or other action as may be necessary to discontinue the use integrity of the MarksMarks and copyrighted materials franchised herein and to assure that Franchisee is properly employing the same in the operation of its Franchised Business, Franchisor or its agents shall have the right to enter and inspect Franchisee's premises (with or without prior notice) during normal business hours and, additionally, shall have the right to observe the manner in which Franchisee is conducting its operations, to confer with Franchisee's employees and customers, and to select and inspect Franchisee's merchandise to make certain that such merchandise is satisfactory and meets the quality control provisions and performance standards established by Franchisor.

Proprietary Marks. 6.01. A. Franchisee acknowledges that Franchisor is the owner of all right, title and interest together with all the goodwill of the Marks. Franchisee's right to use the Marks is derived solely from this Agreement and is limited to the conduct of the Franchised Business business by Franchisee pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by Franchisor from time to time during the term of this Agreementthe franchise. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. Franchisee acknowledges that all usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of Franchisor and that this Agreement does not confer any goodwill or other interests in the Marks upon Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed franchised to Franchisee by Franchisor after the date of this Agreement. 6.02. B. Franchisee shall not use any Xxxx or portion of any Xxxx of the Marks as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may . Franchisee shall not use any Xxxx Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. Franchisee shall give such notices of trademark and service xxxx registrations as Franchisor specifies and obtain such fictitious or assumed name registrations as may be required under applicable law, and at Franchisee's expense. Franchisee shall not . C. Any licenses or rights to use any the Marks granted herein are specifically limited to use of the Marks in any manner connection with the operation of a retail location only. All licenses, rights and interests in and to the Marks and their elements and parts not specifically granted to Franchisee hereunder shall be, and are specifically and entirely, reserved to Franchisor and may be fully exploited without regard to the extent to which has such rights may be competitive with this Agreement or the rights granted hereunder. Such reserved rights include, but are not been specified or approved by Franchisorlimited to, all rights of Franchisor to use the Marks in connection with InterNet and other types of computer marketing and information services. 6.03. D. Franchisee shall promptly notify Franchisor of any Claim claim, demand, or cause of action based upon or arising from any attempt by any other Person person, firm or corporation to use the Marks or any colorable imitation thereof. Franchisee shall also notify Franchisor of any Claim action, claim or demand against Franchisee relating to the Marks, Marks within ten (10) 10 days after Franchisee received receives notice of such Claimsaid action, claim or demand. Upon receipt of timely notice of a Claim an action, claim or demand against Franchisee relating to the Marks, Franchisor shall have the sole right to defend any such action. Franchisor shall have the exclusive right to contest or bring action against any third party regarding the third party's use of any of the Marks and shall exercise such right in its sole discretion. In any defense or prosecution of any litigation relating to the Marks or components of the System undertaken by Franchisor, Franchisee shall cooperate with Franchisor and execute any and all documents and take all actions as may be desirable or necessary in the opinion of Franchisor and/or its Franchisor's counsel, to carry out such defense or prosecution. Both parties will make every effort consistent with the foregoing to protect, maintain, and promote the Marks as identifying the System and their distinguishing characteristicsonly the System. FRANCHISOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS. 6.04. E. If it becomes advisable at any time, and from time to time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any Xxxx, including, but not limited to, of the "TA" XxxxMarks, and/or use one (1) or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisee shall immediately, upon the request of Franchisor, and in Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any event upon termination of this Agreement, at no expense Xxxx. F. In order to Franchisor, discontinue preserve the validity and take such legal or other action as may be necessary to discontinue the use integrity of the MarksMarks and copyrighted materials franchised herein and to assure that Franchisee is properly employing the same in the operation of its Franchised Retail Business, Franchisor or its agents shall have the right of entry and inspection of Franchisee's premises at all reasonable times and, additionally, shall have the right to observe the manner in which Franchisee is rendering its SUCCESSORIES services and conducting its operations, to confer with Franchisee's employees and customers, and to select and inspect the products and merchandise sold through the Franchised Retail Business for test and content and evaluation purposes to make certain that the products and merchandise are satisfactory and meet the quality control provisions and performance standards established by Franchisor.

Proprietary Marks. 6.01. 6.1 Franchisee acknowledges that Franchisee's right to use the Marks is derived solely from this Agreement and is limited to the conduct of the Franchised Business by Franchisee pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by Franchisor from time to time during the term of this Agreement. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. Franchisee acknowledges that all usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of Franchisor and that this Agreement does not confer any goodwill or other interests in the Marks upon Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed to Franchisee by Franchisor after the date of this Agreement. 6.02. 6.2 Franchisee shall not use any Xxxx or portion of any Xxxx as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may Franchisee use any Xxxx in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. Franchisee shall give such notices of trademark and service xxxx registrations as Franchisor specifies and obtain such fictitious or assumed name registrations as may be required under applicable law, and at Franchisee's expense. Franchisee shall not use any of the Marks in any manner which has not been specified or approved by Franchisor. 6.03. Franchisee shall promptly notify Franchisor of any Claim based upon or arising from any attempt by any other Person to use the Marks or any colorable imitation thereof. Franchisee shall also notify Franchisor of any Claim against Franchisee relating to the Marks, within ten (10) days after Franchisee received notice of such Claim. Upon receipt of timely notice of a Claim against Franchisee relating to the Marks, Franchisor shall have the sole right to defend any such action. Franchisor shall have the exclusive right to contest or bring action against any third party regarding the third party's use of any of the Marks and shall exercise such right in its sole discretion. In any defense or prosecution of any litigation relating to the Marks undertaken by Franchisor, Franchisee shall cooperate with Franchisor and execute any and all documents and take all actions as may be desirable or necessary in the opinion of Franchisor and/or its counsel, to carry out such defense or prosecution. Both parties will make every effort consistent with the foregoing to protect, maintain, and promote the Marks and their distinguishing characteristics. 6.04. If it becomes advisable at any time, and from time to time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any Xxxx, including, but not limited to, the "TA" Xxxx, and/or use one (1) or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisee shall immediately, upon the request of Franchisor, and in any event upon termination of this Agreement, at no expense to Franchisor, discontinue and take such legal or other action as may be necessary to discontinue the use of the Marks.

Proprietary Marks. 6.01. A. Franchisee acknowledges that Franchisor's affiliate is the owner of all right, title and interest together with all the goodwill of the Marks and that Franchisee's right to use the Marks is derived solely from this Agreement and is limited to the conduct of the Franchised Business business by Franchisee pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures prescribed by Franchisor from time to time during the term of this Agreementthe franchise. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor and its affiliate in and to the Marks. Franchisee acknowledges that all usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of Franchisor and its affiliate and that this Agreement does not confer any goodwill or other interests in the Marks upon FranchiseeFranchisee and its affiliate. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed to Franchisee by Franchisor after the date of this Agreement. 6.02. B. Franchisee shall not use any Xxxx Mark or portion of any Xxxx as of the Markx xx part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may . Franchisee shall not use any Xxxx Marks in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. Franchisee shall properly attribute ownership of the Marks to Franchisor's affiliate and shall give such notices of trademark and service xxxx mark registrations as Franchisor specifies sxxxxfies and obtain such fictitious or assumed name registrations as may be required under applicable law, and at Franchisee's expense. Franchisee shall not use any of the Marks in any manner which has not been specified or approved by Franchisor. 6.03. C. Franchisee shall promptly notify Franchisor of any Claim potential or actual claim, demand, or cause of action known by Franchisee or which Franchisee reasonably suspects or believes may exist, based upon or arising from any attempt by any other Person person, firm or corporation to use the Marks or any colorable imitation thereof. Franchisee shall also notify Franchisor of any Claim action, claim or demand against Franchisee relating to the Marks, Marks within ten (10) days after Franchisee received receives notice of such Claimsaid action, claim or demand. Upon receipt of timely notice of a Claim an action, claim or demand against Franchisee relating to the Marks, Franchisor and/or its affiliate shall have the sole right to defend any such determine all matters and issues relating to the defense of said action. Franchisor and/or its affiliate shall have the exclusive right to challenge, oppose, contest or bring legal action against any third party regarding the third party's use of any of the Marks and shall exercise such right in its sole discretion. In any defense or prosecution of any litigation relating to the Marks or components of the System undertaken by FranchisorFranchisor and/or its affiliate, Franchisee shall cooperate with Franchisor and/or its affiliate and execute any and all documents and take all actions as may be desirable or necessary in the opinion of Franchisor Franchisor's and/or its affiliate's counsel, to carry out such defense protect the Marks and to defend or prosecutionprosecute any litigation relating to the Marks or components of the System. Both parties will make every effort consistent with the foregoing to protect, maintain, and promote the Marks as identifying the System and their distinguishing characteristicsonly the System. FRANCHISOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS. 6.04. D. If it becomes advisable at any time, and from time to time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any Xxxx, including, but not limited to, of the "TA" XxxxMarks, and/or use one (1) or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisee shall immediately, upon the request of Franchisor, and in Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any event upon termination of this Agreement, at no expense Mark. E. In order to Franchisor, discontinue prexxxxe the validity and take such legal or other action as may be necessary to discontinue the use integrity of the MarksMarks and copyrighted materials franchised herein and to assure that Franchisee is properly employing the same in the operation of its Franchised Business, Franchisor or its agents shall have the right to enter and inspect Franchisee's premises (with or without prior notice) during normal business hours and, additionally, shall have the right to observe the manner in which Franchisee is conducting its operations, to confer with Franchisee's employees and customers, and to select and inspect Franchisee's merchandise to make certain that such merchandise is satisfactory and meets the quality control provisions and performance standards established by Franchisor.

Proprietary Marks. 6.01. A. Franchisee acknowledges that John X. Xxxxxxxxxx xx the owner of the Marks and that Franchisee's right to use the Marks is derived solely from this Agreement and is limited to the conduct of the Franchised Business business by Franchisee pursuant to and in compliance with this Agreement and all applicable standards, specifications, specifications and operating procedures prescribed by Franchisor from time to time during the term of this Agreement. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. Franchisee acknowledges that all usage of the Marks by Franchisee and any goodwill established by Franchisee's use of the Marks shall inure to the exclusive benefit of John X. Xxxxxxxxxx xxx Franchisor and that this Agreement does not confer any goodwill or other interests in the Marks upon Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity validity, strength, enforceability or ownership of any of the Marks or assist any other person in contesting the validity validity, strength, enforceability or ownership of any of the Marks. All provisions of this Agreement applicable to the Marks apply to any additional trademarks, service marks, and commercial symbols authorized for use by and licensed to Franchisee by Franchisor after the date of this Agreement. 6.02. B. Franchisee shall not use any Xxxx or Mark xx portion of any Xxxx as Mark xx part of any corporate or trade name, or with any prefix, suffix, suffix or other modifying words, terms, designs, designs or symbols, or in any modified or other confusingly similar form, nor may Franchisee use any Xxxx Mark xx any modification or other confusingly similar form thereof in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by Franchisor. While this Agreement is in effect, Franchisee may, however, use "PICK-UPS PLUS" as a fictitious or assumed name and shall give such notices of trademark and service xxxx registrations as Franchisor specifies and obtain such fictitious or assumed name registrations as may be required under applicable law, and at Franchisee's expense. In no event, however, shall this right to use be considered a specific grant of any ownership rights in the Marks. Franchisee shall not use any of the Marks in any manner which has not been specified or approved by Franchisor. 6.03. C. Franchisee shall promptly notify Franchisor of any Claim claim, demand or cause of action based upon or arising from any attempt by any other Person person, firm or corporation to use the Marks or any colorable imitation confusingly similar form thereof. Franchisee shall also notify Franchisor of any Claim action, claim or demand against Franchisee relating to the Marks, Marks within ten (10) days after Franchisee received receives notice of such Claimsaid action, claim or demand. Upon receipt of timely notice of a Claim any action, claim or demand against Franchisee relating to the Marks, Franchisor shall have the sole right to defend any such action. Franchisor shall have the exclusive right to contest or bring action against any third party regarding the third party's use of any of the Marks and shall exercise such right in its sole discretion. In any defense or prosecution of any litigation relating to the Marks or components of the System undertaken by Franchisor, Franchisee shall cooperate with Franchisor and execute any and all documents and take all actions as may be desirable or necessary in the opinion of Franchisor and/or its Franchisor's counsel, to carry out such defense or prosecution. Both parties will make every effort consistent with the foregoing to protect, maintain, maintain and promote the Marks Marks, including the trade name "PICK-UPS PLUS" and their its distinguishing characteristicscharacteristics (and the other service marks, trademarks, slogans, etc., associated with the System) as standing for the System and only the System. FRANCHISOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE USE, EXCLUSIVE OWNERSHIP, VALIDITY OR ENFORCEABILITY OF THE MARKS. 6.04. D. If it becomes advisable at any time, and from time to time, in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any XxxxMark, including, but not limited to, the "TA" Xxxx, and/or xxd/or use one (1) or more additional or substitute trade names, trademarks, service marks, marks or other commercial symbols, Franchisee shall comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisee shall immediately, upon the request of Franchisor, and Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any Mark. E. In order to preserve the validity and integrity of the Marks and copyrighted materials licensed herein and to ensure that Franchisee is properly employing the same in any event upon termination the operation of this Agreementits Franchised Business, Franchisor or its agents shall have the right of entry and inspection of the Premises at all reasonable times and, additionally, shall have the right to observe the manner in which Franchisee is rendering its PICK-UPS PLUS services and conducting its operations, to confer with Franchisee's employees and customers, and, at no expense Franchisee's expense, to select or request Franchisee to provide samples of products, inventory, equipment, advertising and other items, materials and supplies for inspection and evaluation purposes to make certain that the services, products, inventory, materials, supplies, equipment and operations are satisfactory and meet the quality control provisions and performance standards established by Franchisor, discontinue and take such legal or other action as may be necessary to discontinue the use of the Marks.