Common use of Efforts to Resolve Termination Disputes Other Than by Termination Clause in Contracts

Efforts to Resolve Termination Disputes Other Than by Termination. Any acts of Company undertaken in the course of efforts to resolve a termination dispute, or a dispute for which termination is a possible remedy, shall be deemed to have been undertaken without prejudice to the rights asserted by Company and shall not constitute a waiver or relinquishment of those rights. In the event Franchisee continues to engage in franchised operations while a dispute is pending, that fact, and/or the receipt of monthly payments and/or the furnishing by Company of information and service essential to such operations, shall not constitute a waiver or relinquishment of Company's rights. Company may, at its option and without waiving its right to terminate, seek any form of relief or remedy available to it under common law or statute for any breach of this Agreement including, but not limited to, the right to damages, injunctive relief, declaratory orders or specific performance.

Appears in 3 contracts

Samples: Franchise Agreement (Sterling House Corp), Franchise Agreement (Sterling House Corp), Sterling House Corp

AutoNDA by SimpleDocs

Efforts to Resolve Termination Disputes Other Than by Termination. Any acts Acts of Company Franchisor undertaken in the course of efforts to resolve a termination dispute, or a dispute for which termination is a possible remedy, shall be deemed to have been undertaken without prejudice to the rights asserted by Company Franchisor and shall not constitute a waiver or relinquishment of those rights. In the event Franchisee continues to engage in franchised operations while a dispute is pending, that fact, and/or the receipt of monthly payments and/or and the furnishing by Company Franchisor of information and service essential to such operations, shall not constitute a waiver or relinquishment of CompanyFranchisor's rights. Company Franchisor may, at its option and without waiving its right to terminate, seek any form of relief or remedy available to it under common law or statute for any breach of this Agreement including, but not limited to, the right to damages, injunctive relief, declaratory orders or specific performance.

Appears in 1 contract

Samples: Franchise Agreement (Itec Attractions Inc)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.