Section XVIII. Headings.....................................................32
Section XVIII. 35 18.1 Quiet Enjoyment.................................................35 SECTION XIX.................................................................35
Section XVIII. E. “Termination Fee” shall be and is hereby deleted in its entirety and all references in the Fully Disclosed Clearing Agreement (including all Exhibits and Schedules thereto) to “Termination Fee”, “Early Termination Fee” or “Material Change Termination Fee” shall be and is hereby deleted and thereby shall have no further force or effect.
Section XVIII. 3. In the event that the medical professional who conducts the final determining examination finds the employee unable to safely perform his/her essential job functions, the medical professional shall recommend a prescriptive rehabilitation and/or fitness program when indicated to aid the employee's recovery from illness or injury and enhance his/her ability to once again safely perform those essential job tasks. During any rehabilitation period, the City Manager may require the employee to provide progress reports and/or to submit to an examination(s) by a medical professional designated and paid for by the Employer. As a condition of continued employment, the employee must comply with the medical and physical components as prescribed by the medical professional. The treating/examining provider shall include in all progress reports a compliance statement indicating the participation, or lack thereof, of the employee.
Section XVIII. A(3)(f) is hereby amended to read as follows: "a threat or danger to public health or safety results from the construction, maintenance or operation of the Restaurant and Operator (i) fails to immediately eliminate such threat or danger, or (ii) fails to cease operation of the Restaurant immediately upon receipt of written notice from Licensor and thereafter fails to eliminate such threat or danger within three days after Operator's receipt of written notice from Licensor;"
Section XVIII. A(3)(m) is hereby amended to read as follows:
Section XVIII. E. of the Franchise Agreement is hereby deleted in its entirety and is replaced by the following:
Section XVIII optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; clocks and watches; musical instruments; parts and accessories thereof Chapter Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus parts and accessories thereof; A change to heading 90.01 to 90.02 from any other heading. A change to subheading 9003.90 from any other heading. A change to subheading 9005.90 from any other heading. - 9006.91 A change to subheading 9006.91 to 9006.99 from any other heading. - 9007.91 A change to subheading 9007.91 to 9007.92 from any other heading. A change to subheading 9008.90 from any other heading. A change to subheading 9009.90 from any other heading. A change to subheading 9010.90 from any other heading. A change to subheading 9011.90 from any other heading. A change to subheading 9012.90 from any other heading. A change to subheading 9013.90 from any other heading. A change to subheading 9014.90 from any other heading. A change to subheading 9015.90 from any other heading. A change to heading 90.16 from any other heading; or there is a change in tariff classification complying with a regional value content of not less than 30 per cent. A change to subheading 9017.90 from any other heading. A change to heading 90.19 to 90.21 from any other heading; or there is a change in tariff classification complying with a value Regional content not less than 30 per cent. 9022.90 A change to subheading 9022.90 from any other heading. 90.23 A change to heading 90.23 from any other heading. 9024.90 A change to subheading 9024.90 from any other heading. 9025.90 A change to subheading 9025.90 from any other heading. 9026.90 A change to subheading 9026.90 from any other heading. 9027.90 A change to subheading 9027.90 from any other heading. 9028.90 A change to subheading 9028.90 from any other heading. 9029.90 A change to subheading 9029.90 from any other heading. 9030.90 A change to subheading 9030.90 from any other heading. 9031.90 A change to subheading 9031.90 from any other heading. 9032.90 A change to subheading 9032.90 from any other heading. 90.33 A change to heading 90.33 from any other heading. Chapter 91 Clocks and watches and parts thereof - 91.14 91.01 A change to heading to 91.01 91.14 from any other heading. Chapter 92 Musical instruments; parts and accessories thereof - 92.09 92.01 A change to heading 92.01 to 92.09 from any other heading. S...
Section XVIII. E of all the Franchise Agreements is hereby amended by adding the following three sentences to the end of the section: "Notwithstanding the foregoing, Franchisee shall not be required to pay the foregoing liquidated damages if this Agreement is terminated prior to September 1, 2004. If such termination occurs between September 1, 2004 and November 30, 2004, Franchisee shall only be obligated to pay Franchisor liquidated damages in the amount of $25,000. If such termination occurs after November 30, 2004, Franchisee shall be obligated to pay the liquidated damages set forth above in this Section XVIII.E."
Section XVIII. Severability......................................................................... 31 Section XIX. Counterparts......................................................................... 31 Section XX. Additional Borrowers................................................................. 31 Section XXI. No Exclusivity....................................................................... 31 Section XXII. Joint and Several Liability.......................................................... 32 Section XXIII. Consent to Jurisdiction and Service of Process....................................... 32 Section XXIV. Waiver of Jury Trial................................................................. 32
