Use of Services; Third Party Transferees. The Receiving Party shall not, and shall cause its Affiliates not to, resell any Services to any person whatsoever or permit the use of the Services by any person other than in connection with the conduct of the Receiving Party’s operations as conducted immediately prior to the Effective Date. Notwithstanding anything to the contrary contained herein, if either party transfers or otherwise disposes of assets (including one or more stores or distribution centers) (each a “Transferring Party”) to one or more third parties (each, a “Third Party Transferee”), the Transferring Party shall have the right to transfer or assign its rights hereunder to each such Third Party Transferee for a period (the “Transfer Period”) not to exceed the lesser of (i) 180 days from the date of transfer and (ii) the remaining term of this Services Agreement; provided, however, the Transferring Party shall remain obligated under the terms hereof (including for payments pursuant to Section 2.4); provided, further, however, in the event that the Third Party Transferee competes on a national level with SVU and/or its Affiliates the Transfer Period shall be no longer than ninety (90) days from the date of such transfer. No such transfer shall limit the collective amount of Services to be provided to the Transferring Party and the Third Party Transferee.
Appears in 9 contracts
Samples: Transition Services Agreement, Transition Services Agreement (Safeway Stores 42, Inc.), Transition Services Agreement (Safeway Stores 42, Inc.)
