RIGHTS WE RESERVE. We (and our affiliates) retain the right in our sole discretion to:
1.8.1. Open and establish, and grant to franchisees the right to establish NETSPACE(R) businesses anywhere outside your Territory, on such terms and conditions, as we deem appropriate.
RIGHTS WE RESERVE. Except as provided in subparagraph (6) below, we (and any affiliates that we have from time to time) may not during the Term establish and operate, or grant to others the right to establish and operate, another KIDVILLE Facility the Hub Location for which is physically located within the Territory. Except for this Hub Location restriction (but with the carve-out in subparagraph (6) below), your rights under this Agreement are non-exclusive, and we (and any affiliates that we have from time to time) retain the right during the Term to engage in any and all activities that we (and they) desire, at any time or place, and whether or not these activities compete with your FACILITY, including, without limitation, the right:
(1) To establish and operate, and grant to others the right to establish and operate, KIDVILLE Facilities the Hub Locations for which are located outside the Territory on any terms and conditions we deem appropriate.
(2) To establish and operate, and grant to others the right to establish and operate, one or more Annex Locations that are located within or outside the Territory on any terms and conditions we deem appropriate (and to require your Hub Location to provide services to such Annex Locations located within the Territory on terms we specify), provided, however, that (a) we will not establish and operate, or grant to others the right to establish and operate, Annex Locations within the Territory for at least two (2) years following the date by which your third (3rd) Annex Location must have opened for business, as provided in Subsection 2.D. below, and (b) we will give you at least six (6) months’ prior written notice of our intent to establish and operate, or grant to others the right to establish and operate, the Annex Location in your Territory. However, if you fail to open your third (3rd) Annex Location for business by the date specified in Subsection 2.D. below, there are no timing or other restrictions whatsoever on (and no notice that we must give with respect to) our right to establish and operate, or grant to others the right to establish and operate, an Annex Location in your Territory. In addition, your failure to open your third (3rd) Annex Location for business by the date specified in Subsection 2.D. below may give rise to your obligation to pay the Assumed Royalty and Assumed Fund Contribution, as defined in Subsections 3.B. and 9.B. below.
(3) To license to any business that is not a KIDVILLE Facility, wherever that bu...
RIGHTS WE RESERVE. We reserve all rights that we have not expressly granted to you. We (and our affiliates) retain the right, in our sole discretion, to:
(a) establish and operate, and grant to others the right to establish and operate, businesses under the System and Marks at any location outside of the Protected Territory (even immediately outside the border of the Protected Territory), on such terms and conditions as we deem appropriate;
(b) establish and operate, and grant to others the right to establish and operate, businesses of any kind whatsoever under other systems and using other proprietary marks, both within and outside the Protected Territory, as we deem appropriate;
(c) establish and operate, and grant to others the right to establish and operate, businesses using the Marks at any location within or outside the Protected Territory, on such terms and conditions as we deem appropriate; provided, however, that such other businesses will not be substantially similar to the WOB Store if located within the Protected Territory;
(d) market and sell, within and outside of the Protected Territory, through alternative channels of distribution (like grocery stores, convenience stores, kiosks, mail order, Internet or other forms of e-commerce) or through special purpose sites (like airports, stadiums, theme parks, etc.), using the Marks or other proprietary marks, products and services authorized for sale at, or competitive with products and services authorized for sale by, WOB Stores, as long as such sales are not made from a full-service WOB Store located in the Protected Territory; and
(e) engage in any other activity, action or undertaking that we are not expressly prohibited from taking under this Agreement.
RIGHTS WE RESERVE. We (and our affiliates) retain the right in our sole discretion to ourselves or grant others the right:
(a) to solicit prospective Franchise owners and grant other persons Franchises, or other rights to operate EVOS® Restaurants: through national or regional advertising, trade shows or conventions, or using or through the Internet, Intranet or other forms of e-commerce or through similar means;
(b) to own and operate EVOS® Restaurants ourselves or through affiliates anywhere, except your Trade Area;
(c) sell, solicit, recruit and provide services for EVOS® Restaurants or any franchised business not defined as an EVOS® Restaurant in this Agreement;
(d) to sell, and provide the services authorized for sale by, EVOS® Restaurants under the Marks or other trade names, trademarks, service marks and commercial symbols through similar or dissimilar channels (like telephone, mail order, kiosk, co-branded sites, at “Mass Gathering Locations,” grocery stores, and sites located within other retail businesses, stadiums, Intranet, Internet, websites, wireless, email or other forms of e-commerce) for distribution within and outside of your Trade Area and pursuant to such terms and conditions as we consider appropriate; and
(e) to solicit prospective franchise owners for, and own and operate, businesses and restaurants of any other kind or nature, anywhere.
RIGHTS WE RESERVE. We (and our subsidiaries) retain the right in our sole discretion:
(1) to establish KRISPY KREME STORES, and grant to other persons and legal entities the right to establish, KRISPY KREME STORES at any location, without regard to proximity to the KRISPY KREME STORE and, on such terms and conditions as we deem appropriate provided, however, that we will not own, operate or grant franchises for the operation of a KRISPY KREME STORE or sell any products identified by the Marks or made utilizing the recipes of the Products within the Territory if you are in compliance with this Agreement; and
(2) to acquire and operate, or be acquired by, any company, including, without limitation, a company operating one or more food service businesses (including food service businesses selling doughnuts), located or operating within the Territory.
RIGHTS WE RESERVE. Except as otherwise provided in this Agreement, we retain the right, in our sole discretion and without granting any right to you to market to and service accounts that have not otherwise been assigned to you, for services irrespective of where the client is located or the trade is taking place. We operate a business using the ITEX System and intend to continue providing services throughout the United States and internationally.
RIGHTS WE RESERVE. We reserve the right:
a) To use our affiliates to perform services for your account.
c) To charge your account a customary fee for any overdrafts.
d) To reverse any transaction carried out in error.
e) To take any steps we believe reasonable to exercise our powers and our obligations under this agreement.
f) To exercise any right under this agreement or applicable law at any time, with the understanding that any delay or forbearance in executing a right will not be construed as a waiver of that right.
RIGHTS WE RESERVE. At any point in the future, we reserve the right to do any of the following: charge fees for access to any of the APIs, offer or cease to offer support for the APIs, modify the APIs and require you to use those subsequent versions, require you to use the API in a different manner, deprecate any API in our sole discretion, or independently develop products or services that may serve the same purpose as your Apps. If we determine that your use of the APIs or Developer Credentials is against the interests of us or our users, we reserve the right to deactivate any Developer Credentials you have obtained, block your IP address, or otherwise block your use of the APIs.
RIGHTS WE RESERVE. We (and our affiliates) retain the right in our sole discretion to:
(a) to solicit prospective Franchisees and grant other persons Franchises, or other rights to operate RAGIN' RIBS(SM) Restaurants: through national or regional axxxxxising, trade shows or conventions, or using or through the Internet, Intranet or other forms of e-commerce or through similar means;
(b) to own and operate RAGIN' RIBS(SM) Restaurants ourselves or through affiliates xxxxhere, except your Trade Area;
(c) sell, solicit, recruit and provide services for RAGIN' RIBS(SM) Restaurants or any franchised business not xxxxxed as a RAGIN' RIBS(SM) Restaurant in this Agreement;
(d) to sell, and provide the services authorized for sale by, RAGIN' RIBS(SM) Restaurants under the Marks or other trade names, trademarks, service marks and commercial symbols through similar or dissimilar channels (like telephone, mail order, kiosk, co-branded sites and sites located within other retail businesses, stadiums, Intranet, Internet, web sites, wireless, email or other forms of e-commerce) for distribution within and outside of your Trade Area and pursuant to such terms and conditions as we consider appropriate;
(e) to solicit prospective franchisees for, and own and operate, businesses and restaurants of any other kind or nature, anywhere.
