Section XVIII. 3. In the event that the medical professional who conducts the final determining examination finds the employee unable to safely perform his/her essential job functions, the medical professional shall recommend a prescriptive rehabilitation and/or fitness program when indicated to aid the employee's recovery from illness or injury and enhance his/her ability to once again safely perform those essential job tasks. During any rehabilitation period, the City Manager may require the employee to provide progress reports and/or to submit to an examination(s) by a medical professional designated and paid for by the Employer. As a condition of continued employment, the employee must comply with the medical and physical components as prescribed by the medical professional. The treating/examining provider shall include in all progress reports a compliance statement indicating the participation, or lack thereof, of the employee.
Section XVIII. Headings......................................................32
Section XVIII. E. “Termination Fee” shall be and is hereby deleted in its entirety and all references in the Fully Disclosed Clearing Agreement (including all Exhibits and Schedules thereto) to “Termination Fee”, “Early Termination Fee” or “Material Change Termination Fee” shall be and is hereby deleted and thereby shall have no further force or effect.
Section XVIII. 35 18.1 Quiet Enjoyment.................................................35 SECTION XIX.................................................................35
Section XVIII. Severability......................................................................... 31 Section XIX. Counterparts......................................................................... 31 Section XX. Additional Borrowers................................................................. 31 Section XXI. No Exclusivity....................................................................... 31 Section XXII. Joint and Several Liability.......................................................... 32 Section XXIII. Consent to Jurisdiction and Service of Process....................................... 32 Section XXIV. Waiver of Jury Trial................................................................. 32
Section XVIII. E of all the Franchise Agreements is hereby amended by adding the following three sentences to the end of the section: "Notwithstanding the foregoing, Franchisee shall not be required to pay the foregoing liquidated damages if this Agreement is terminated prior to September 1, 2004. If such termination occurs between September 1, 2004 and November 30, 2004, Franchisee shall only be obligated to pay Franchisor liquidated damages in the amount of $25,000. If such termination occurs after November 30, 2004, Franchisee shall be obligated to pay the liquidated damages set forth above in this Section XVIII.E."
Section XVIII. E. of the Franchise Agreement is hereby deleted in its entirety and is replaced by the following:
Section XVIII. A(3)(f) is hereby amended to read as follows: "a threat or danger to public health or safety results from the construction, maintenance or operation of the Restaurant and Operator (i) fails to immediately eliminate such threat or danger, or (ii) fails to cease operation of the Restaurant immediately upon receipt of written notice from Licensor and thereafter fails to eliminate such threat or danger within three days after Operator's receipt of written notice from Licensor;"
Section XVIII. A(3)(m) is hereby amended to read as follows:
Section XVIII. A.1(e) is hereby amended in its entirety to read as follows:
