No Franchise Agreement. None of the Loan Parties or Managers or Sub-Manager has entered into, and none of the Properties are subject to, any franchise, trademark or license agreement with any Person with respect to the name and/or operation of any Property, other than the IP, the Rank License and the Pink Taco License.
No Franchise Agreement. The Parties hereby acknowledge and agree that this Agreement is not a franchise or business opportunity agreement and does not create a franchise or business opportunity relationship between the Parties. If any provision of this Agreement is deemed to create a franchise relationship or business opportunity between the Parties, then at Itopia’s option, Itopia may either terminate this Agreement or negotiate in good faith with Service Provider to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a reseller agreement and not a franchise or business opportunity agreement.
No Franchise Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship or franchise between Acres and MJNE. Neither party, by virtue of this Agreement or any agreement contemplated herein, will have any right, power or authority to act or create an obligation, express or implied, on behalf of the other party. Each party assumes responsibility for the actions of their personnel under this Agreement and will be solely responsible for their supervision, daily direction and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, Acres has the sole discretion to determine Acres’ methods of operation, Acres’ accounting practices, the types and amounts of insurance Acres carries, Acres’ personnel practices, Acres’ advertising and promotion, Acres’ customers, and Acres’ service areas and methods. If any provision of this Agreement is deemed to create a franchise relationship between the parties, then the Parties shall negotiate in good faith to modify this Agreement so as to affect the Parties’ original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as a Manufacturing and Sales Agreement and not a franchise agreement.
No Franchise Agreement. Except with respect to the IP Sublicense Agreement, neither Borrower nor Manager (if applicable) has entered into, and the Property is not subject to, any franchise, trademark or license agreement with any Person with respect to the name and/or operation of the Property. The Collateral Assignment of Intellectual Property License Agreement creates a valid and continuing security interest (as defined in the Uniform Commercial Code of the State of New York) in the sublicense to use the Licensed Marks (as defined in the IP Sublicense Agreement) in favor of Lender, which security interest is prior to all other Liens and is enforceable against such creditors of and purchasers from Borrower. Other than in connection with the Loan Documents, Borrower has not sold or otherwise conveyed, transferred or encumbered the sublicense to use the Licensed Marks. The sublicense to use the Licensed Marks is not in the name of any other Person other than Borrower, as pledgor, and Lender, as pledgee.
No Franchise Agreement. The Parties to this Agreement are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship, or franchise between Ehave and CHT. Neither Party, by virtue of this Agreement, will have any right, power or authority to act or create an obligation, express or implied, on behalf of the other Party. Each Party assumes responsibility for the actions of their personnel under this Agreement and will be solely responsible for their supervision, daily direction and control, wage rates, withholding income taxes, Canada Pension Plan contributions, employment insurance premiums, disability benefits, or the manner and means through which the work under this Agreement will be accomplished. Except as provided otherwise in this Agreement, CHT has the sole discretion to determine CHT's methods of operation, CHT's accounting practices, the types and amounts of insurance CHT carries, CHT's personnel practices, CHT's advertising and promotion, CHT's customers and CHT's service areas and methods. The relationship created hereby between the parties is solely that of supplier and reseller, and licensor and licensee.
No Franchise Agreement. If Purchaser fails to obtain an Assignment of Existing Franchise Agreement or a New Franchise Agreement for any Hotels by the Closing, then such Hotels shall be operated as independent Hotels without a brand after the Closing, until such time that Purchaser enters into a New Franchise Agreement or closes the Hotels. Notwithstanding anything to the contrary in this Agreement, Purchaser’s failure to obtain an Assignment of Existing Franchise Agreement or a New Franchise Agreement shall not be a condition to closing, and Purchaser’s shall not have the right to postpone the Closing or terminate this Agreement due to Purchaser’s failure to obtain an Assignment of Existing Franchise Agreement or New Franchise Agreement. Agreement.
