UNIFORM IMAGE/CUSTOMER AND LOCATION RESTRICTION Sample Clauses

UNIFORM IMAGE/CUSTOMER AND LOCATION RESTRICTION. The presentation of a uniform image to the public is an essential element of a successful branded concept system. MARRIOTT therefore agrees that the STORES will offer for sale only such types of frozen yogurt, dessert and other food and beverage products and other approved products and services as the COMPANY, in its sole discretion, determines from time to time to be appropriate for "TCBY" stores. The COMPANY acknowledges that a STORE may be one of several food service outlets at a SITE operated by MARRIOTT. All references to a STORE shall refer only to that portion of a SITE exclusively devoted to the TCBY concept, and not to any other food service outlet adjacent to or in the vicinity of a STORE. MARRIOTT further agrees that the STORES will not, without prior written approval by the COMPANY, offer any products or services not then authorized by the COMPANY for "TCBY" stores, nor shall the STORES or the premises which they occupy be used for any purpose other than the operation of a "TCBY" store in compliance with this Agreement. MARRIOTT will not sell any frozen yogurt produced by the COMPANY or any of its affiliates to anyone, other than retail customers (i.e., for personal consumption and not for resale) of the STORES and CARTS, or from any location other than the STORES and CARTS. The COMPANY acknowledges that many SITES for STORES hereunder will by their nature impose limitations on MARRIOTT's ability to offer full and complete STORE menus, and in response to such operational constraints the COMPANY covenants to allow MARRIOTT to offer only a limited menu at such STORES, which limited menu shall be subject to the COMPANY's approval which will not be unreasonably withheld. In considering menu items, the COMPANY shall, on a STORE-by-STORE basis, give due and adequate consideration to any item which materially affects (a) the speed of service at such STORE, (b) other MARRIOTT activities at such SITE which may be competitive to newly introduced menu items (c) staffing of such STORE, and (d) supplying such STORE with ingredients and commissary items in support of such menu item.
Sample 1
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UNIFORM IMAGE/CUSTOMER AND LOCATION RESTRICTION. FRANCHISEE acknowledges and agrees that the STORE will offer for sale such types of frozen yogurt, ice cream, other desserts, and other food and beverage products and other approved products and services as the COMPANY, in its sole discretion, determines from time to time to be appropriate for "TCBY" stores. FRANCHISEE acknowledges and agrees that the STORE will not, without prior written approval by the COMPANY, offer any products or services not then authorized by the COMPANY for "TCBY" stores, nor shall the STORE be used for any purpose other than the operation of a "TCBY" store in compliance with this Agreement. EXCEPT AS OTHERWISE APPROVED IN ADVANCE AND IN WRITING BY THE COMPANY (WHICH APPROVAL MAY BE GRANTED PURSUANT TO A PROGRAM ANNOUNCED IN THE OPERATING MANUAL), FRANCHISEE WILL NOT SELL ANY "TCBY" PRODUCT PRODUCED BY THE COMPANY OR ANY OF ITS AFFILIATES TO ANY ONE, OTHER THAN RETAIL CUSTOMERS (I.E., FOR PERSONAL CONSUMPTION AND NOT FOR RESALE) OF THE STORE, OR FROM ANY LOCATION OTHER THAN THE STORE, AND OTHER "TCBY" STORES OPERATED UNDER FRANCHISE AGREEMENTS GRANTED BY THE COMPANY TO FRANCHISEE.
Sample 1

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