BY THE FRANCHISEE Sample Clauses
BY THE FRANCHISEE. Except as set forth in the Purchase Agreement, the Franchisee, for itself and on behalf of its subsidiaries, affiliates, shareholders, directors, officers, agents, successors and assigns, hereby releases, acquits and forever discharges the Franchisor and its subsidiaries, affiliates, shareholders, directors, officers, agents, successors and assigns from any and all costs, expenses, attorneys' fees, losses, claims, damages, demands, obligations, liability or causes of action of any nature whatsoever arising out of, resulting from or relating to the Franchise Agreement, whether known or unknown, whether based on acts, omissions or both, whether based on tort, contract, statutory obligations or any other theory of recovery, whether legal or equitable, whether for compensatory, punitive or any other form of damages or for any other form of relief (the "Franchisee Released Claims").
BY THE FRANCHISEE. (1) The Franchisee understands and agrees that the Franchisee Released Claims include all claims of every nature and kind whatsoever, whether known or unknown, suspected or unsuspected, and has read and understands, and hereby expressly waives to the fullest extent permitted by law any right or benefit it now has, or in the future may have in any capacity, under the provisions of Section 1542 of the Civil Code of California, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
(2) The Franchisee acknowledges that it may hereafter discover facts different from or in addition to those which it now knows or believes to be true with respect to the Franchisee Released Claims and agrees that the release set forth in Paragraph 2 hereof shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery thereof.
BY THE FRANCHISEE. The Franchisee represents and warrants that:
(a) it has relied on its own inquiries as to the performance and functional characteristics of the Business System, and does not rely on any warranties or representations not set out in this Agreement and the Manual;
(b) it is a corporation, duly incorporated and validly existing in good standing under the laws of Australia;
(c) it has full rights, power, legal capacity and authority to enter into this Agreement and to carry out and perform its obligations under this Agreement; and
(d) the execution and delivery of this Agreement and the transactions contemplated by the parties under it do not and will not conflict with or result in a breach of any condition or provision, or constitute a default under, any agreement or undertaking of the Franchisee.
BY THE FRANCHISEE. 1. The FRANCHISEE shall submit for prior approval by the FRANCHISOR, any and all advertising and promotional materials including any computerized media or electronic media (including but not limited to the World Wide Web, the Internet, Telnet, news groups, bulletin boards, FTP, E-Mail and the like) prepared by the FRANCHISEE for the STORE and the FRANCHISEE shall not use any disapproved or unapproved advertising or promotional materials. The FRANCHISEE shall comply with any advertising requirements contained in his lease or sublease for the premises of the STORE. All advertising and promotional materials including any computerized media or electronic media (including but not limited to the World Wide Web, the Internet, Telnet, news groups, bulletin boards, FTP, e-mail and the like) used by the FRANCHISEE must be completely factual, comply with all applicable laws and conform to the highest standards of ethical advertising and policies prescribed from time to time by FRANCHISOR.
2. The FRANCHISEE shall list and advertise the STORE in the principal classified telephone directory distributed within its primary trading area, in such business classifications as the FRANCHISOR prescribes from time to time, utilizing the FRANCHISOR's standard classified telephone directory advertisement at the FRANCHISEE's sole expense. When more than one GJC STORE serves a metropolitan area, the FRANCHISOR may require all such GJC STORES to be listed in the classified directory advertisement and the FRANCHISEE shall pay an equal share of the cost thereof.