TAXES, PERMITS, AND INDEBTEDNESS. 16.1 Franchisee shall promptly pay, when due, all taxes levied or assessed, including, without limitation, federal, state and local unemployment and sales taxes, and all accounts and other indebtedness of every kind to public and private entities incurred by Franchisee in the conduct of the Franchised Business under this Agreement. 16.2 In the event of any bona fide dispute as to liability for taxes assessed or other indebtedness, such dispute shall be determined in accordance with procedures of the taxing authority or applicable law; however, in no event shall Franchisee permit a tax sale or seizure by levy of execution or similar writ or warrant, or attachment by a creditor to occur against the premises of the Franchised Business or any improvements thereon. 16.3 Franchisee shall, at Franchisee's own cost and expense, comply with all federal, state and local laws, rules, and regulations, and shall timely obtain, and shall keep in force as required throughout the term of this Agreement, all certificates and licenses necessary for the full and proper conduct of the Franchised Business hereunder, including, but not limited to, any building and other required construction permits, franchises to do business, insurance broker's license, fictitious name registrations, sales tax permits, and fire clearances. 16.4 Franchisee shall notify the Franchisor, in writing, within five (5) days following the commencement of any action, suit, or proceeding against Franchisee, and of the issuance of any inquiry, subpoena, order, writ, injunction, award, or decree of any court, agency, or other governmental instrumentality, arising out of, concerning, or which may affect the operation or financial condition of the Franchised Business other than civil proceedings against customers to collect monies owed, but including, without limitation, any criminal action or proceeding brought by Franchisee against employees, customers, or other persons.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Dcap Group Inc/), Purchase Agreement (Dcap Group Inc/), Purchase Agreement (Dcap Group Inc/)
TAXES, PERMITS, AND INDEBTEDNESS. 16.1 18.1. Franchisee shall promptly pay, pay when due, due all taxes levied or assessed, including, without limitation, federal, state and local unemployment and sales taxes, and all accounts and other indebtedness of every kind to public and private entities incurred by Franchisee in the conduct of conducting the Franchised Business Business. Franchisee shall pay Franchisor an amount equal to any sales tax, gross receipts tax, or similar tax (other than income tax) imposed on Franchisor with respect to any payments to Franchisor or WNAP required under this Agreement, unless the tax is credited against income tax otherwise payable by Franchisor or WNAP.
16.2 18.2. In the event of any bona fide dispute as to Franchisee's liability for taxes assessed or other indebtedness, such dispute shall be determined Franchisee may contest the validity or the amount of the tax or indebtedness in accordance with procedures of the taxing authority or applicable law; however, in no event shall Franchisee permit a tax sale or seizure by levy of execution or similar writ or warrant, or attachment by a creditor creditor, to occur against the premises of the Franchised Business Business, or any improvements thereon.
16.3 18.3. Franchisee shall, at Franchisee's own cost and expense, shall comply with all federal, state state, and local laws, rules, and regulations, and shall timely obtainobtain any and all permits, and shall keep in force as required throughout the term of this Agreementcertificates, all certificates and or licenses necessary for the full and proper conduct of the Franchised Business hereunderBusiness, including, but not limited towithout limitation, any building and other required construction permits, franchises licenses to do business, insurance broker's licensehealth certificates, fictitious name registrations, sales tax permits, and fire clearances.
16.4 18.4. Franchisee shall notify the Franchisor, Franchisor in writing, writing within five (5) days following of the commencement of any action, suit, or proceeding against Franchiseeproceeding, and of the issuance of any inquiry, subpoenacitation, order, writ, injunction, award, or decree of any court, agency, or other governmental instrumentality, arising out of, concerning, or which may adversely affect the operation or financial condition of the Franchised Business other than civil proceedings against customers to collect monies owed, but including, without limitation, any criminal action or proceeding brought by Franchisee against employees, customers, or other personsBusiness.
Appears in 2 contracts
Samples: Franchise Agreement (Davco Acquisition Holding Inc), Franchise Agreement (Friendco Restaurants Inc)
TAXES, PERMITS, AND INDEBTEDNESS. 16.1 A. Franchisee shall promptly pay, pay when due, due all taxes levied or assessed, including, without limitation, federal, state and local unemployment and sales taxes, and all accounts and other indebtedness of every kind to public and private entities incurred by Franchisee in the conduct of the Franchised Business business franchised under this Agreement. Franchisee shall pay to Franchisor an amount equal to any sales tax, gross receipts tax, or similar tax (other than income tax) imposed on Franchisor with respect to any payments to Franchisor required under this Agreement, unless the tax is credited against income tax otherwise payable by Franchisor.
16.2 B. In the event of any bona fide BONA FIDE dispute as to Franchisee's liability for taxes assessed or other indebtedness, such dispute shall be determined Franchisee may contest the validity or the amount of the tax or indebtedness in accordance with procedures of the taxing authority or applicable law; however, in no event shall Franchisee permit a tax sale or seizure by levy of execution or similar writ or warrant, or attachment by a creditor creditor, to occur against the premises of the Franchised Business franchised business, or any improvements thereon.
16.3 C. Franchisee shall, at Franchisee's own cost and expense, shall comply with all federal, state and local laws, rules, rules and regulations, and shall timely obtainobtain any and all permits, and shall keep in force as required throughout the term of this Agreementcertificates, all certificates and or licenses necessary for the full and proper conduct of the Franchised Business hereunderbusiness franchised under this Agreement, including, but not limited towithout limitation, any building and other required construction permits, franchises licenses to do business, insurance broker's license, fictitious name registrations, sales tax permits, permits and fire clearances.
16.4 D. Franchisee shall notify the Franchisor, Franchisor in writing, writing within five (5) days following of the commencement of any action, suit, or proceeding against Franchiseeproceeding, and of the issuance of any inquiry, subpoena, order, writ, injunction, award, or decree of any court, agency, or other governmental instrumentality, arising out of, concerning, or which may adversely affect the operation or financial condition of the Franchised Business other than civil proceedings against customers to collect monies owed, but including, without limitation, any criminal action or proceeding brought by Franchisee against employees, customers, or other personsfranchised business.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement (Bertuccis of White Marsh Inc)
TAXES, PERMITS, AND INDEBTEDNESS. 16.1 17.1 Master Franchisee shall promptly pay, pay when due, due all taxes levied or assessed, including, including without limitation, federalvalue-added taxes, state and local if any, unemployment and sales taxes, and all accounts and other indebtedness of every kind to public and private entities incurred by Master Franchisee in the conduct of the Franchised Business under this Agreementits business.
16.2 17.2 In the event of any bona fide dispute as to Master Franchisee’s liability for taxes assessed or other indebtedness, such dispute shall be determined Master Franchisee may contest the validity or the amount of the tax or indebtedness in accordance with the procedures of the taxing authority or applicable law; however, in no event shall Master Franchisee permit a tax sale or seizure by levy of execution or similar writ or warrant, or attachment by a creditor creditor, to occur against the premises any of the Franchised Business assets of Master Franchisee’s business.
17.3 Any governmental charges relating to or arising out of this Agreement, or any improvements thereonamendment hereto, in the form of registration fees, surtax, or any other similar governmental rates, taxes or charges shall be paid (i) by Master Franchisee when such charges are due under Power Smoothie Café Franchising, Inc. any local or state law in effect in the Territory, and (ii) by Power Smoothie when such charges are due under any federal, state or local law applicable specifically to Power Smoothie.
16.3 17.4 Master Franchisee shall, at Franchisee's own cost and expense, shall comply with all federal, state and local laws, rules, and regulations, and shall timely obtainobtain any and all permits, and shall keep in force as required throughout the term of this Agreementcertificates, all certificates and or licenses necessary for the full and proper conduct of the Franchised Business business licensed hereunder, including, but not limited towithout limitation, any building and other required construction permits, franchises licenses to do business, insurance broker's license, fictitious name registrations, business and sales tax permits, and fire clearances.
16.4 17.5 Master Franchisee shall notify the Franchisor, Power Smoothie in writing, writing within five two (52) days following of the commencement of any action, suit, or proceeding against Franchiseeproceeding, and or of the issuance of any inquiry, subpoena, order, writ, injunction, award, or decree of any court, agency, or other governmental instrumentality, arising out of, concerning, or which may adversely affect the operation or financial condition of the Franchised Business other than civil proceedings against customers to collect monies owed, but including, without limitation, any criminal action or proceeding brought by Franchisee against employees, customers, or other personsMaster Franchisee.
Appears in 1 contract
Samples: Master Franchise Agreement (Power Smoothie Cafe Franchising Inc.)
TAXES, PERMITS, AND INDEBTEDNESS. 16.1 Franchisee 1. You shall promptly pay, pay when due, due all taxes levied or assessed, including, including without limitation, federalincome, state and local payroll, property, unemployment and sales taxes, taxes and all accounts and other indebtedness of every kind to public and private entities incurred by Franchisee you in the conduct of the Franchised Business franchised business.
2. You shall pay to Xxxxxx’x an amount equal to any sales tax, gross receipts tax, excise tax or any similar license or tax, directly or indirectly imposed on Xxxxxx’x with respect to any payment to Xxxxxx’x required under this Agreement. The preceding sentence shall not apply to any franchise tax or income, war profits or excess profits tax (or any tax in lieu thereof), imposed on Xxxxxx’x with respect to the above payments.
16.2 3. In the event of any bona fide dispute as to your liability for taxes assessed or other indebtedness, such dispute shall be determined you may contest the validity or the amount of the tax or indebtedness in accordance with the procedures of the taxing authority or applicable law; however, in no event shall Franchisee you permit a tax sale or seizure by levy of execution or similar writ or warrant, warrant or attachment by a creditor creditor, to occur against the premises of the Franchised Business franchised business or any improvements thereon.
16.3 Franchisee shall, at Franchisee's own cost and expense, 4. You shall comply with all federal, state and local laws, rules, rules and regulations, regulations and shall timely obtainobtain any and all permits, and shall keep in force as required throughout the term of this Agreement, all certificates and or licenses necessary for the full and proper conduct of the Franchised Business hereunderfranchised business, including, but not limited towithout limitation, any building and other required construction permits, franchises licenses to do business, insurance broker's license, fictitious name registrations, sales tax permits, and fire clearances, health permits, alcoholic beverage permits and licenses, and certificates of occupancy.
16.4 Franchisee 5. You shall notify the Franchisor, Xxxxxx’x in writing, writing within five (5) days following of the commencement of any action, suit, suit or proceeding against Franchisee, and or of the issuance of any inquiry, subpoena, order, writ, injunction, award, award or decree of any court, agency, agency or other governmental instrumentality, arising out of, concerning, or which may adversely affect the operation or financial condition of the Franchised Business other than civil proceedings against customers to collect monies owed, but including, without limitation, any criminal action or proceeding brought by Franchisee against employees, customers, or other personsfranchised business.
Appears in 1 contract
Samples: Franchise Agreement
TAXES, PERMITS, AND INDEBTEDNESS. 16.1 19.1 Franchisee shall promptly pay, pay when due, due all taxes levied or assessed, including, without limitation, federal, state and local unemployment and sales taxes, and all accounts and other indebtedness of every kind to public and private entities incurred by Franchisee in the conduct operation of the Franchised Business Bakery. Franchisee shall pay to Franchisor an amount equal to any sales tax, gross receipts tax, or similar tax (other than income tax) imposed on Franchisor with respect to any payments to Franchisor required under this Agreement.
16.2 19.2 In the event of any bona fide dispute as to Franchisee's liability for taxes assessed or other indebtedness, such dispute shall be determined Franchisee may contest the validity or the amount of the tax or indebtedness in accordance with procedures of the taxing authority or applicable law; however, but in no event shall Franchisee permit a tax sale or seizure by levy of or execution or similar writ or warrant, or attachment by a creditor creditor, to occur against the premises of the Franchised Business or any improvements thereonBakery.
16.3 19.3 Franchisee shall, at Franchisee's own cost and expense, shall comply with all federal, state state, and local laws, rules, and regulations, regulations and shall timely obtainobtain any and all permits, and shall keep in force as required throughout the term of this Agreementcertificates, all certificates and or licenses necessary for the full and proper conduct of the Franchised Business hereunderBakery, including, but not limited towithout limitation, any building and other required construction permits, franchises licenses to do business, insurance broker's license, fictitious name registrations, sales tax permits, and fire clearances.
16.4 19.4 Franchisee shall immediately notify the Franchisor, Franchisor in writing, within five (5) days following writing of the commencement of any action, suit, or proceeding against Franchisee, and of the issuance of any inquiry, subpoena, order, writ, injunction, award, or decree of any court, agency, or other governmental instrumentality, arising out of, concerning, or instrumentality which may adversely affect the operation or financial condition of the Franchised Business other than civil proceedings against customers to collect monies owed, but including, without limitation, any criminal action or proceeding brought by Franchisee against employees, customers, or other personsBakery.
Appears in 1 contract
TAXES, PERMITS, AND INDEBTEDNESS. 16.1 20.1 Franchisee shall promptly pay, pay when due, due all taxes levied or assessed, including, without limitation, federal, state and local unemployment and sales taxes, and all accounts and other indebtedness of every kind to public and private entities incurred by Franchisee in the conduct operation of the Franchised Business Bakery. Franchisee shall pay to Franchisor an amount equal to any sales tax, gross receipts tax, or similar tax (other than income tax) imposed on Franchisor with respect to any payments to Franchisor required under this Agreement.
16.2 20.2 In the event of any bona fide dispute as to Franchisee's liability for taxes assessed or other indebtedness, such dispute shall be determined Franchisee may contest the validity or the amount of the tax or indebtedness in accordance with procedures of the taxing authority or applicable law; however, but in no event shall Franchisee permit a tax sale or seizure by levy of or execution or similar writ or warrant, or attachment by a creditor creditor, to occur against the premises of the Franchised Business or any improvements thereonBakery.
16.3 20.3 Franchisee shall, at Franchisee's own cost and expense, shall comply with all federal, state state, and local laws, rules, and regulations, regulations and shall timely obtainobtain any and all permits, and shall keep in force as required throughout the term of this Agreementcertificates, all certificates and or licenses necessary for the full and proper conduct of the Franchised Business hereunderBakery, including, but not limited towithout limitation, any building and other required construction permits, franchises licenses to do business, insurance broker's license, fictitious name registrations, sales tax permits, and fire clearances.
16.4 20.4 Franchisee shall immediately notify the Franchisor, Franchisor in writing, within five (5) days following writing of the commencement of any action, suit, or proceeding against Franchisee, and of the issuance of any inquiry, subpoena, order, writ, injunction, award, or decree of any court, agency, or other governmental instrumentality, arising out of, concerning, or instrumentality which may adversely affect the operation or financial condition of the Franchised Business other than civil proceedings against customers to collect monies owed, but including, without limitation, any criminal action or proceeding brought by Franchisee against employees, customers, or other personsBakery.
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