Franchise Contracts Sample Clauses

Franchise Contracts. Within two years after the First Closing, each Group Company, as applicable, shall use its best efforts to amend its existing franchise Contracts (either by signing an amendment to the existing franchise Contract or signing a new amended franchise Contract) to procure that each First-Tier Franchisee only receive performance or services from a third party that holds suitable Permits for the courier and/or road transportation services as required by Applicable Laws.
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Franchise Contracts. There is no legislation regarding the terms of franchise contracts. The need for legislation has been discussed on several occasions, but no legislation has been adopted.9 In 2006 an act concerning information to franchisees was adopted. The franchisor shall provide information concerning, inter alia, the time of the contract, and the terms for amending the contract, prolongation and notice. In the absence of a statute stipulating contract terms, the most important source of law concerning franchising is the contract between the franchisor and the individual franchisee. The contract is usually drawn up by the franchisor in the form of a standardised contract. The possibility for individual franchisees to influence the content of the contract seems to be very limited. Franchise contracts are commonly concluded for a specific period of time, often 3-5 years.10 These relatively short-term contracts (American franchise contracts are often for twenty years or more) are selected in order to be able to change the terms of a contract or to sign a new contract. 5 This general principle is derived from, inter alia, section 25 of the Sale of Goods Act. See further Hellner, J., Speciell kontraktsrätt II Kontraktsrätt, 2 häftet, Norstedts Juridik Stockholm, 4 ed. 2006 p. 177 ff. 6 See, for instance, Xxxxxx-Xxxxxxx, S., The Long-term Contract, Kauppakaari Helsinki 1998)
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Franchise Contracts. As has been shown, Swedish franchise contracts are usually fixed-term. According to general contract law, no changes in the content of a contract are allowed during the term of the contract unless the parties have agreed otherwise. Thus, changes in the terms of a franchise contract are normally possible only in connection with its prolongation. If the contract carries no right of prolongation, the franchisee has to accept any offer that the franchisor proposes to him or her, or else the relationship will end. The situation is somewhat different if the contract carries a prolongation clause. Such a clause in a franchise contract often stipulates that the content of the contract shall be the same after the prolongation as the content of other contracts that the franchisor concludes with new franchisees. This means that the franchisee has no right to the prolongation of the original contract, but he or she has the right to a new contract carrying the same conditions as contracts concluded with other franchisees.18 In this way, the clause limits the franchisor’s freedom with regard to offers that he or she might wish to make. The purpose of the clause is to make it possible for the franchisor to make successive changes to his or her stock of franchise contracts while, at the same time, giving the franchisee some protection against arbitrary behaviour on the part of the franchisor. The situation described above concerns the terms of the main contract. Swedish franchise contracts commonly contain enclosures that regulate issues concerning the product range, prices of goods or services, general terms of
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Franchise Contracts. At the Closing, Seven-UP shall have delivered ------------------- the original executed Franchise Contracts or, to the extent originals are not available, Seven-UP shall have delivered a certificate by the President of Seven-UP that such copy of the Franchise Contract is true and correct.
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Franchise Contracts. 1. Bottling Appointment, dated December 19, 1974, by and between Schweppes U.S.A. Limited and Seven-Up Bottling Company of Puerto Rico, Inc.
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Related to Franchise Contracts

  • Franchise Agreements The Franchise Agreements are in full force and effect. There is no default thereunder by any party thereto and no circumstance, condition or event has occurred that, with the passage of time and/or giving of notice, would constitute a default thereunder or entitle Franchisor to terminate any Franchise Agreement. All franchise fees, reservation fees, royalties, marketing fees and other sums and payable due under the Franchise Agreements have been paid in full or are current. A true, correct and complete copy of the Franchise Agreements, together with all amendments and ancillary agreements or side letters related thereto, have been delivered to Lender. The Loan, and the encumbrance of the Collateral as security for the Loan, will not cause Mortgage Borrower to violate any financial covenants contained in any Franchise Agreement.

  • SUB-CONTRACTS (a) The Servicer may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, provided that (but subject to Section 3.2(b)):

  • Existing Management and Franchise Agreements Seller has furnished to Buyer true and complete copies of the Existing Management Agreement and the Existing Franchise Agreement, which constitutes the entire agreement of the parties thereto with respect to the subject matter thereof and which have not been amended or supplemented in any respect. There are no other management agreements, franchise agreements, license agreements or similar agreements for the operation or management of the Hotel or relating to the Brand, to which Seller is a party or which are binding upon the Property, except for the Existing Management Agreement and the Existing Franchise Agreement. The Improvements comply with, and the Hotel is being operated in accordance with, all requirements of such Existing Management Agreement and the Existing Franchise Agreement and all other requirements of the Existing Manager and the Franchisor, including all “brand standard” requirements of the Existing Manager and the Franchisor. The Existing Management Agreement and the Existing Franchise Agreement are in full force and effect, and shall remain in full force and effect until the termination of the Existing Management Agreement and the Existing Franchise Agreement at Closing, as provided in Article V hereof. No default has occurred and is continuing under the Existing Management Agreement or the Existing Franchise Agreement, and no circumstances exist which, with the giving of notice, the lapse of time or both, would constitute such a default.

  • Franchise Agreement (a) Except as provided in this Agreement, the Properties shall at all times be operated in accordance with the terms and conditions of the Franchise Agreements. Borrower shall, or shall cause Mortgage Borrower or Operating Lessee to cause Manager to, (i) pay all sums required to be paid by Mortgage Borrower, Operating Lessee and/or Manager under the Franchise Agreements, (ii) diligently perform, observe and enforce all of the terms, covenants and conditions of the Franchise Agreements, (iii) promptly deliver to Lender a copy of any written notice to Mortgage Borrower or Operating Lessee of any default by Mortgage Borrower, Operating Lessee and/or Manager under the Franchise Agreements and notify Lender of any material default under the Franchise Agreements of which it is aware, (iv) promptly deliver to Lender a copy of any written notice to Franchisor of any default by Franchisor under the Franchise Agreements, (v) promptly deliver to Lender a copy of each financial statement, business plan, capital expenditure plan, notice of non-performance, report and estimate (a) received by Mortgage Borrower or Operating Lessee under the Franchise Agreements and (b) required to be delivered by Mortgage Borrower, Operating Lessee and/or Manager to Franchisor under the Franchise Agreements, (vi) complete all work required under any PIP on or prior to the Outside Date, (vii) not modify or amend the Franchise Agreements to the extent such modification or amendment could reasonably be expected to have a Material Adverse Effect, and (viii) except as provided in clause (b) below not terminate, cancel, or replace the Franchise Agreements, nor replace the Franchisor, nor waive or release any of its rights and remedies under the Franchise Agreements in any material respect, without Lender’s prior written consent. Each request by Borrower for approval and consent by Lender pursuant to this Section 5.25 shall be in writing and contain a legend in capitalized bold letters on the top of the cover page stating: “LENDER’S RESPONSE IS REQUESTED WITHIN TEN (10) BUSINESS DAYS. LENDER’S FAILURE TO RESPOND WITHIN SUCH TIME PERIOD SHALL RESULT IN LENDER’S CONSENT BEING DEEMED TO HAVE BEEN GRANTED” and Borrower shall include the following documentation with such request all materials reasonably necessary in order for Lender to evaluate such matter. In the event that Lender fails to grant or withhold its approval and consent to such matter within such ten (10) Business Day period (and, in the case of a withholding of consent, stating the grounds therefor in reasonable detail), then, so long as no Event of Default is continuing, Lender’s approval and consent shall be deemed to have been granted. There shall be no administrative or approval fee in connection with this Section 5.25(a), but Borrower shall pay any out-of-pocket costs and expenses incurred by Lender.

  • New Contracts During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.

  • Operating Contracts Subject to the rights of the Timeshare Owners' Association as set forth in the Timeshare Documents, no Operating Contract shall be modified, extended, terminated or entered into, without the prior written approval of Agent, if any such modification, extension, termination or new agreement could have a material adverse impact on the operation of the Resort or the Collateral.

  • Project Contracts Authority shall upon its election, succeed, without the necessity of any further action by the Concessionaire, to the interests of the Concessionaire under such of the Project Contracts as the Authority may in its discretion deem appropriate, and shall upon such election be liable to the Contractors only for compensation accruing and becoming due and payable to them under the terms of their respective Project Contracts from and after the date the Authority elects to succeed to the interests of the Concessionaire. For the avoidance of doubt, it is hereby agreed, and the Concessionaire hereby acknowledges, that all sums claimed by such Contractors as being due and owing for works and services performed or accruing on account of any act, omission or event prior to such date shall constitute debt between the Concessionaire and such Contractors, and the Authority shall not in any manner be liable for such sums. It is further agreed that in the event the Authority elects to cure any outstanding defaults under such Project Contracts, the amount expended by the Authority for this purpose shall be deducted from the Termination Payment.

  • Service Contracts (a) The Trustees may, at any time and from time to time, contract for exclusive or nonexclusive advisory, management and/or administrative services for the Trust or for any Series with any Person; and any such contract may contain such other terms as the Trustees may determine, including without limitation, authority for the Investment Adviser to determine from time to time without prior consultation with the Trustees what investments shall be purchased, held, sold or exchanged and what portion, if any, of the assets of the Trust shall be held uninvested and to make changes in the Trust's investments, and such other responsibilities as may specifically be delegated to such Person.

  • Operating Leases Not permit the aggregate amount of all rental payments under Operating Leases made (or scheduled to be made) by the Loan Parties (on a consolidated basis) to exceed $1,000,000 in any Fiscal Year.

  • Property Contracts Purchaser shall assume at Closing the obligations under the Property Contracts assumed by Purchaser; however, operating expenses shall be prorated under Section 5.4.2.

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