Protected Territory. “Protected Territory” shall mean the world.
Protected Territory. So long as the Franchisee is in compliance with this Agreement, the Franchisor shall not establish or license another person or entity to establish a PAK MAIL Center within a certain geographic area as set forth in Exhibit I ("Protected Territory").
Protected Territory. We will not own, operate, lease, manage, or license anyone but you to operate a Chain Facility of the same name (Villager Lodge) in the "Protected Territory", defined in Appendix A, while this Agreement is in effect. We may own, operate, lease, manage, franchise or license anyone to operate any Chain Facility located anywhere outside the Protected Territory without any restriction or obligation to you. We may grant protected Territories for other Chain Facilities that overlap your Protected Territory. You will use any information obtained through the Reservation System to refer guests, directly or indirectly, only to Chain Facilities. This Section does not apply to any Chain Facility located in the Protected Territory on the Effective Date, which we may renew, relicense, allow to expand, or replace with a replacement Facility located within the same trading area having not more than 120% of the guest rooms of the replaced Chain Facility if its franchise with us terminated or is not renewed. The Protected Territory fairly represents the Facility's trading area, and you acknowledge that. There are no express or implied territorial rights or agreements between the parties except as stated in this Section. The covenants in this Section are mutually dependent; if you breach this Section, your Protected Territory will be the Location only.
Protected Territory. 2 SECTION 1.4 RELOCATION OF YOUR HEALTHY BITES GRILL FRANCHISE..................................................2 ARTICLE 2 - OUR DUTIES...........................................................................................3
Protected Territory. During the Term, if you are not in default, we agree not to open a Company-Owned Unit or franchise another Healthy Bites Grill Franchise within your Protected Territory. However, we reserve for ourselves the rights stated in Section 5.7, which are superior to your rights under this Agreement.
Protected Territory. WPHLI covenants that during the Term (and any renewal thereof) it will not grant any other license to use the WPHL System or to operate a League team based at any home arena situated within a radius of 25 miles from the Home Arena (the “Protected Territory”), except with the prior written consent of the Owner, which may be withheld at the Owner’s sole discretion. WPHLI reserves the right to grant further licenses to use the WPHL System and Marks in all places outside the Protected Territory.
Protected Territory. Subject to the terms and conditions of this Agreement and provided Franchisee is not otherwise in default of this Agreement and/or any other Agreement between Franchisor (or any parent, subsidiary or affiliate of Franchisor) and Franchisee (or any parent, subsidiary or affiliate of Franchisee), Franchisor shall not establish, nor franchise another to establish a restaurant under the Churchs System, for the term of this Agreement, within the area described in EXHIBIT "C" of this Agreement (the "Protected Area"), without Franchisee's prior written consent. Notwithstanding the foregoing, Franchisor may, from time to time during the term hereof, reduce or modify the Protected Area to encompass a geographic area immediately surrounding the Franchised Unit which shall include a population (residential and/or daytime business or commercial) of no less than 50,000 people, which modification shall become effective upon Franchisee's receipt of written notice from Franchisor to Franchisee. The provisions of Section 1.02 (A) hereof shall not apply with respect to the following types of locations within the Protected Area, at which Franchisor retains the right, in its sole discretion, to franchise and/or operate Churchs Chicken restaurants, and to distribute by any means Churchs Chicken products:
1. Existing Franchised Units and/or Franchised Units for which Franchise Agreements were previously executed 2. Transportation facilities (including airports, train stations, bus stations, etc.)
3. Toll roads and major thoroughfares 4. Educational facilities (including schools, colleges and universities) 5. Institutional feeding facilities (including, but not limited to, airports, hospitals, hotels, and corporate or school cafeterias 6. Government institutions and facilities 7. Enclosed shopping malls 8. Military bases 9. Casinos 10. Amusement and/or theme parks 1.
03. Except as otherwise set forth herein, (a) the franchise granted to Franchisee under this Agreement is non-exclusive, and grants to Franchisee the rights to establish and operate the Franchised Unit at only the specific location set forth hereinabove, (b) no exclusive, protected or other territorial rights in the contiguous area or market of such Franchised Unit or otherwise is hereby granted or to be inferred and (c) Franchisor and/or its affiliates have the right to operate and grant as many other franchises for the operation of Churchs Chicken restaurants, anywhere in the world, as they shall, in their sole di...
Protected Territory. The Protected Territory described in Section 3.2 of the Agreement, shall be: ------------------------------------------------------- -------------------------------------------------------------------------------- Fully executed this day of , 20 . ---- --------- -- PAK MAIL CENTERS OF AMERICA, INC., FRANCHISEE a Colorado corporation ------------------------------------------ (Print Name) By: ------------------------------ ------------------------------------------ Name: Individually ---------------------------- Title: Title: --------------------------- ----------------------------------- Address: --------------------------------- City: ----------------------------------- State: Zip: -------------- ------------- OR: (if a corporation or partnership) -------------------------------------------- Company Name By: -------------------------------------- Name: ----------------------------------- Title: ----------------------------------- Address: --------------------------------- City: ----------------------------------- State: Zip: -------------- ------------- EXHIBIT II TO FRANCHISE AGREEMENT GUARANTY AND ASSUMPTION OF FRANCHISEE'S OBLIGATIONS In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the "Agreement") by Pak Mail Centers of America, Inc. (the "Franchisor"), each of the undersigned hereby personally and unconditionally: Guarantees to the Franchisor and its successors and assigns, for the term of this Agreement, including renewals thereof, that the franchisee as that term is defined in the Agreement ("Franchisee") shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives the following:
1. Acceptance and notice of acceptance by the Franchisor of the foregoing undertaking;
2. Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed;
3. Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed;
4. Any right he or she may have to require that any action be brought against Franchisee or any other person as a condition of liability; and
5. Any and all other notices and legal or equitable defenses to which he or she may be entitled. Each of the undersigned consents and agrees that:
1. His or her di...
Protected Territory. AWT will protect BMI's right to the State of Arkansas as BMI's protected territory for purposes of providing treatment using the AuTolo-TM--Gel wound therapy. The exclusivity granted to BMI under this Agreement shall be subject to BMI's performance of BMI's obligations set forth under Paragraph 4 below, including, but not limited to, the opening of an AuTolo-TM--Cure Center on or before December 31, 2000, if required by AWT.
Protected Territory. During the term of this Agreement only, prior to seeking or negotiating any third party investments (of debt or equity) with respect to any then existing MOB that is to be acquired (whether by fee or by leasehold) by PMB or its affiliates, and is located within the States of California, Oregon, Washington, Idaho, Nevada, Utah, Wyoming, Arizona, New Mexico, Hawaii and/or Montana (each, a “Western Property”), PMB shall deliver a ROFO Notice (as defined in, and in accordance with, Section 5.4) to NHP and the OP.
