Planning, Layout and Construction of Outlet Sample Clauses

Planning, Layout and Construction of Outlet. Retailer recognizes that various aspects of the size, design, layout, signage and decorating schemes of Outlets must be relatively consistent in order to protect and enhance the reputation and market acceptance of Outlets and their Products, and to preserve, protect and enhance such value, it is important for all Outlets to meet and maintain such standards as Kincaid may xxxx xime to time adopt. Accordingly, the size of Retailer's Outlet, the exterior and interior appearance of Retailer's Outlet, and the Outlet's interior floor plan and decor, shall meet and be in accordance with the standards from time to time adopted by Kincaid, anx xxxxx be subject to Kincaid's pxxxx xxxxoval. Retailer shall be solely responsible for final plans and specifications for its Outlet satisfactory to Kincaid; prxxxxxx, however, that Kincaid shaxx, xxxn request, consult with Retailer and its builders, architects and designers with respect to interior and exterior appearance, interior floor planning and other matters as may be from time to time necessary in order to facilitate the design and timely construction of Retailer's Outlet in accordance with Kincaid's sxxxxxxxxxions. Retailer shall provide Kincaid witx x xxxy of its final plans, drawings and specifications, together with any amendments thereto made during the course of construction, so that Kincaid wilx xxxx at all times for its records a complete set of "as built" plans and specifications for Retailer's Outlet. Retailer agrees that Kincaid may xxxxxxe copies of the same to existing or future Outlet Retailers for use in connection with construction or renovation of their Outlets or as a model from which they can prepare their own drawings, plans and specifications. Kincaid agrxxx xx have members of its design staff evaluate appropriate designs for the Outlet and to advice regarding appropriate materials, furniture and accessories therein. Retailer agrees to pay Kincaid the xxx xx One Thousand Five Hundred Dollars ($1,500) in cash or cash equivalent within two (2) weeks of execution and delivery of this Agreement. This fee will be credited to Retailer's account if the Outlet Grand Opening is held within six (6) months after final plans for the Outlet have been prepared. The fee will be forfeited in the event the Outlet is not opened within such period.
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  • Review and Construction of Documents Each Party herein expressly represents and warrants to all other Parties hereto that (a) before executing this Agreement, said Party has fully informed itself of the terms, contents, conditions and effects of this Agreement; (b) said Party has relied solely and completely upon its own judgment in executing this Agreement; (c) said Party has had the opportunity to seek and has obtained the advice of its own legal, tax and business advisors before executing this Agreement; (d) said Party has acted voluntarily and of its own free will in executing this Agreement; and (e) this Agreement is the result of arm’s length negotiations conducted by and among the Parties and their respective counsel.

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  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

  • References and Construction (a) All references in this Agreement to articles, sections, subsections and other subdivisions refer to corresponding articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise.

  • Headings and Construction The headings of sections in this Agreement are for convenience of reference only and are not intended to qualify the meaning of any section. Any reference to a section number shall refer to a section of this Agreement, unless otherwise stated.

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