Assumption of Management. 16 3.2 Transfer of Supporting Policies, Data, and Assets.............17 3.3
Assumption of Management. At the Effective Time, CNA shall transfer to IGF and IGF shall assume the management responsibilities of the entire MPCI and Crop Hail books of business of CNA (the "Business"). Management responsibilities shall include, but are not limited to, sales, underwriting, loss adjustment, claims processing, agent (representative) relations and contracting, policy generation, policy, form and rate development and filing and all other activities incidental to and necessary for the management of the Business as is contemplated hereby. Subject to the Service Agreements, at the Effective Time CNA shall cease management responsibility and control of management decisions relating to the Business.
Assumption of Management. If you are in default of this Agreement for abandonment (as described in Section 13.1(e), we have the right, at our option, to enter the Premises and assume the management of your Store for any period of time we deem appropriate. If we assume management of your Store, we will appoint a manager who will maintain Store operations. All funds from the operation of your Store during the period of management by our appointed manager will be kept in a separate fund, and all expenses of your Store, including compensation, other costs, and travel and living expenses of our appointed manager, will be charged to such fund. As compensation for such management services, we will charge such fund 10% of the Gross Revenues of your Store during the period of our management. Operation of your Store during any such period will be on your behalf, provided that we will have a duty only to utilize our good faith effort and will not be liable to you for any debts or obligations incurred by your Store or to any of your creditors for any merchandise, materials, supplies or services purchased by your Store during any period in which your Store is managed by our appointed manager. You will maintain in force for your Store all insurance policies required by this Agreement. Our right to assume management of your Store pursuant to this Section 13.5 is in addition to and does not affect our right to terminate this Agreement under Section 13.2. ARTICLE 14
Assumption of Management. Franchisor has the right (but not the obligation), under the circumstances described below, to enter the Restaurant and assume the Restaurant's management (or to appoint a third party to assume its management) for any time period it deems appropriate. If Franchisor (or a third party) assumes the Restaurant's management, Franchisee must pay Franchisor (in addition to the Royalty and Marketing and Promotion Fee) three percent (3%) of the Restaurant's Gross Sales, plus Franchisor's (or the third party's) direct out-of-pocket costs and expenses, during this time. If Franchisor (or a third party) assumes the Restaurant's management, Franchisee acknowledges that Franchisor (or the third party) will have a duty to utilize only reasonable efforts and will not be liable to Franchisee or its owners for any debts, losses, or obligations the Restaurant incurs, or to any of Franchisee's creditors for any supplies or services the Restaurant purchases, while Franchisor (or the third party) manages it. Franchisor (or a third party) may assume the Restaurant's management under the following circumstances:
Assumption of Management. Franchisor has the right (but not the obligation), under the circumstances described below, to enter the Restaurant and assume the Restaurant's management for any time period it deems appropriate. If Franchisor assumes the Restaurant's management, Franchisee must pay Franchisor (in addition to the Royalty and Marketing and Promotion Fee) three percent (3%) of the Restaurant's Gross Sales, plus Franchisor's direct out-of-pocket costs and expenses, during this time. If Franchisor assumes the Restaurant's management, Franchisee acknowledges that Franchisor will have a duty to utilize only reasonable efforts and will not be liable to Franchisee or its owners for any debts, losses, or obligations the Restaurant incurs, or to any of Franchisee's creditors for any supplies or services the Restaurant purchases, while Franchisor manages it. Franchisor may assume the Restaurant's management under the following circumstances:
Assumption of Management. Franchisor has the right (but not the obligation), under the circumstances described below, to enter the Franchised Restaurant and assume the Franchised Restaurant’s management, or to appoint a third party to assume its management, for any time period it deems appropriate. If Franchisor, or a third party, assumes the Franchised Restaurant’s management, Franchisee must pay Franchisor (in addition to the Royalty Fee, Marketing Fund contributions, and Tech Fees) three percent (3%) of the Franchised Restaurant’s Gross Sales, plus Franchisor’s (or the third party’s) direct out-of-pocket costs and expenses, during this time. If Franchisor (or a third party) assumes the Franchised Restaurant’s management, Franchisee acknowledges that Franchisor (or the third party) will have a duty to utilize only reasonable efforts and will not be liable to Franchisee or its owners for any debts, losses or obligations the Franchised Restaurant incurs, or to any of Franchisee’s creditors for any supplies or services the Franchised Restaurant purchases, while Franchisor (or the third party) manages it. INITIALS: ______: ______ WING ZONE FA (FINAL 2021) FUTURE LABS IX, INC. EAST 35 Franchisor (or the third party) may assume the Franchised Restaurant’s management, at Franchisee’s expense, under the following circumstances:
Assumption of Management. The Parties shall enter into the Management Assignment Agreement attached hereto as Schedule VIII and entered into contemporaneously herewith (the “Management Assignment Agreement”). The Buyer shall assume all management and control of the Business on either: (a) July 15, 2019; or (b) an earlier or later date to be mutually agreed upon by the Parties in writing (the “Transition Date”).
Assumption of Management. We have the right (but not the obligation), under the circumstances described below, to enter the Premises and assume the RESTAURANT's management on your behalf for the period of time we deem appropriate. You will be obligated to pay us our then current per diem charges, as well as the travel, living and other expenses we incur, during the time we assume the RESTAURANT's management. We also have the right to charge a reasonable management fee, not to exceed fifteen percent (15 %) of the RESTAURANT's Gross Sales, during this time. If we assume the RESTAURANT's management on your behalf, you acknowledge that we will have a duty to utilize only reasonable efforts and will not be liable to you or your owners for any debts, losses or obligations incurred by the RESTAURANT or to any of your creditors for any Supplies or services the RESTAURANT purchases during any period in which we have assumed its management. We may assume the management of the RESTAURANT under the following circumstances:
Assumption of Management. The Trust shall assume all authority provided by this title to manage the Preserve upon a de- termination by the Secretary, which to the maximum extent practicable shall be made within 60 days after the appointment of the Board, that—
Assumption of Management. We have the right (but not the obligation), under the circumstances described below, to enter a Location and assume its management (or to appoint a third party to assume its management) for any period of time we deem appropriate. If we (or a third party) assume a Location’s management under subparagraphs (1) and (2) below, you agree to pay us (in addition to the Royalty, Fund contributions, and other amounts due under this Agreement) five percent (5%) of the FACILITY’s Gross Sales for up to sixty (60) days after we assume management. If we (or a third party) assume a Location’s management, you acknowledge that we (or the third party) will have a duty to utilize only reasonable efforts and, provided we are not grossly negligent and do not commit an act of willful misconduct, will not be liable to you or your owners for any debts, losses, or obligations the Location incurs, or to any of your creditors for any supplies, products, or other assets or services the Location purchases, while we (or the third party) manage it. We (or a third party) may assume a Location’s management under the following circumstances: (1) if you abandon or fail actively to operate the Location; (2) if you fail to comply with any provision of this Agreement or any System Standard and do not cure the failure within the time period we specify in our notice to you, but only for as long as it takes us, using reasonable commercial efforts, to correct the failure that you failed to cure; or (3) if this Agreement expires or is terminated and we are deciding whether to exercise our option to purchase the FACILITY under Subsection 15.E. below. Exercise of our management rights will not affect our right to terminate this Agreement under Subsection 14.B. above.
