Your Acknowledgments Sample Clauses
Your Acknowledgments. You acknowledge that you: (i) have read this Agreement; (ii) have been represented in the preparation, negotiation and execution of this Agreement by legal counsel of your own choice or have voluntarily declined to seek such counsel; (iii) understand the terms and consequences of this Agreement; and (iv) are fully aware of the legal and binding effect of this Agreement.
Your Acknowledgments. You acknowledge and agree that:
6.3.1 As between you and us, we are the owner of all right, title, and interest in and to the Proprietary Marks and the goodwill associated with and symbolized by them and we have the right to use, and license others to use, the Proprietary Marks.
6.3.2 The Proprietary Marks are valid and serve to identify the System and those who are franchised under the System.
6.3.3 During the term of this Agreement and after its expiration or termination, you shall not directly or indirectly contest the validity of, or our ownership of the Proprietary Marks, nor take any other action which may tend to jeopardize our or our affiliate’s interest therein, or our right to use and to license others to use the Proprietary Marks.
6.3.4 Your use of the Proprietary Marks pursuant to this Agreement does not give you any ownership interest or other interest in or to the Proprietary Marks other than the limited license granted by this Agreement.
6.3.5 Any and all goodwill arising from your use of the Proprietary Marks shall inure solely and exclusively to the benefit of us or our affiliate, and upon expiration or termination of this Agreement and the license herein granted no monetary amount shall be assigned as attributable to any goodwill associated with your use.
6.3.6 The right and license of the Proprietary Marks granted under this Agreement to you is non-exclusive, and we and our affiliates have and retain the rights described in Section 1.3 of this Agreement.
6.3.7 We reserve the right to change, revise, or substitute different proprietary marks for use in identifying the System and the Franchised Business, if the Proprietary Marks no longer can be used or if we, in our sole discretion, determine that substitution of different proprietary marks will be beneficial to the System. In such circumstances, the use of the substituted proprietary marks shall be governed by the terms of this Agreement, and we shall not compensate you for such substitution. If our currently licensed Proprietary Marks can no longer be used, you shall implement promptly any such substitution at your expense.
6.3.8 We shall have the right, at all reasonable times, to inspect the products and services on which the Proprietary Marks shall be used as we consider necessary to carry out the purposes of inspection as part of appropriate quality control. Upon request, you shall submit to us all packages, labels, advertising, advertising brochures and other materials bearing the ...
Your Acknowledgments. By entering into this Agreement, you are agreeing: • The benefits in Sections 3 are more than any benefits that you are otherwise promised or entitled to receive under any policy, plan, handbook or practice of the Company or any prior offer letter, agreement or understanding between the Company and you. • After your employment ends, except as provided for in this Agreement (and without impacting any accrued vested benefits under any applicable tax qualified retirement or other benefit plans of the Company), you will no longer participate or accrue service credit of any kind in any employee benefits plan of the Company or any of its affiliates. • Your post-employment obligations under your employment agreement, and any non-disclosure, confidentiality and restrictive covenant agreements between you and the Company or any of the Releasees, as defined below, shall remain in full force and effect, and you acknowledge and re-affirm those obligations. • Except for the items set forth in Section 2 of this Agreement, which you will receive regardless of whether you Execute this Agreement, the Company does not owe you anything except for what it is becoming obligated to do by the terms this Agreement. • You have no legal entitlement to reemployment with the Company and its affiliates, and you waive and release any right to be considered for employment or reemployment with the Company and its affiliates, and/or the Company and its affiliates from any liability for any failure or refusal to hire you or engage you to perform services. • During your employment with the Company, you did not violate any federal, state, or local law, statute, or regulation while acting within the scope of your employment with the Company (collectively, "Violations"). • You are not aware of any Violation(s) committed by a Company employee, vendor, or customer acting within the scope of his/her/its employment or business with the Company that have not been previously reported to the Company; or to the extent you are aware of any such unreported Violation(s), you will, prior to your execution of this Agreement, immediately report such Violation(s) to the Company.
Your Acknowledgments. You acknowledge that you have read this Agreement and our Franchise Disclosure Document and accept the terms, conditions and covenants contained in this Agreement as being reasonably necessary to maintain our high standards of quality and service and the uniformity of those standards at each Noodles & Company Restaurant and thereby to protect and preserve the goodwill of the Marks. You acknowledge that you have conducted an independent investigation of the business venture contemplated by this Agreement and recognize that, like any other business, the nature of the business conducted by a Noodles & Company Restaurant may evolve and change over time; that an investment in a Noodles & Company Restaurant involves business risks; and that your business abilities and efforts are vital to the success of the venture. You understand that the Restaurant industry is highly competitive, that market conditions evolve and change over time, and that an investment in a Noodles & Company franchise involves business risks. You acknowledge that, in all of their dealings with you, our officers, directors, employees and agents act only in a representative, and not in an individual, capacity. All business dealings between you and such persons as a result of this Agreement are solely between you and us. You further acknowledge that we have advised you to have this agreement reviewed and explained to you by an attorney and that you have reviewed this Agreement with your attorney or that you waive your right to do so.
Your Acknowledgments. You agree and understand that:
Your Acknowledgments. By entering into this Agreement, you are agreeing: • The pay and benefits in Section 3 are more than any money or benefits that you are otherwise promised or entitled to receive under any policy, plan, handbook or practice of the Company or any prior offer letter, agreement or understanding between the Company and you. • After your employment ends, except as provided for in this Agreement (and without impacting any accrued vested benefits under any applicable tax-qualified retirement or other benefit plans of the Company), you will no longer participate or accrue service credit of any kind in any employee benefits plan of the Company or any of its affiliates. • Your obligations under your signed Letter of Employment Offer and Terms with the Company (“Offer Letter”) (a copy of which is attached) and the Employee Non-Disclosure, Invention Assignment and Restrictive Covenant Agreement (“NDA”) executed between you and the Company (also attached), shall remain in full force and effect and you acknowledge and re-affirm those obligations. • As long as the Company satisfies its obligation under the Agreement, it will not owe you anything except for the items set forth in Section 2, which you will receive regardless of whether you Execute this Agreement.
Your Acknowledgments. You as buyer acknowledge as follows:
Your Acknowledgments. You acknowledge and agree:
(a) you have satisfied yourself as to the Goods’ condition and suitability for your purposes;
(b) that you are responsible for obtaining delivery of the Goods directly from the Goods' supplier and that we are not (and are not related to) such supplier;
(c) Under the Australian Securities and Investments Commission Act 2001 or Schedule 2 of the Competition and Consumer Act 2010 (Cth) or another law to a similar effect, you may have the benefit of statutory warranties, guarantees, linked credit provider liability and other rights in respect of the Goods that we cannot contract out of. Apart from these, and to the full extent permitted by law:
(i) all express and implied guarantees, terms, conditions and warranties (other than the ones set out in this Agreement) are excluded;
(ii) other than representations made by us in respect of which it is reasonable for you to rely upon, as we are a passive financier of the Goods, we make no guarantee, representation or warranty as to the condition, specifications, quality, fitness for purpose, suitability or safety of the Goods or as to the taxation treatment or accounting classification of any transaction evidenced by this Agreement; and
(iii) we are not liable for any damage, injury or loss to any person or property arising from the possession, operation or use of the Goods while the Goods are in your possession or control (or while the Goods are not in your possession or control due to your breach);
(d) whether or not the Australian Securities and Investments Commission Act 2001 or Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any law to a similar effect applies, our liability for anything in relation to the Goods or their use, including damage or economic loss to anyone, is limited to the maximum extent permitted by law. In any event, to the maximum extent permitted by law, our liability is limited, at our option:
(i) in the case of Goods, to the replacement of the Goods (or the supply of equivalent goods), the repair of the Goods, the payment of the cost of replacing the Goods (or of acquiring equivalent goods) or the payment of the cost of having the Goods repaired; or
(ii) in the case of services, to the supplying of the services again or the payment of the cost of having the services supplied again; and
(e) to the maximum extent permitted by law, neither you nor us will be liable for any indirect, consequential or economic loss or damage arising under or in connection wi...
Your Acknowledgments. You acknowledge that: (a) the Proprietary Marks serve to identify our services and the businesses operating under the System; (b) your use of the Proprietary Marks under this Agreement does not give you any ownership interest in them; and (c) all goodwill associated with and identified by the Proprietary Marks inures exclusively to our benefit and is our property. Upon the expiration or termination of this Agreement, no monetary amount will be attributable to goodwill associated with your activities as a franchisee under this Agreement.
Your Acknowledgments. In using our Products and Services, you acknowledge and agree that—
2.6.1 you and your Authorised Users are solely responsible for the accuracy, suitability and completeness of all your own information, including information that you give to GoMetro or generate or use in connection with our Products or Services;
2.6.2 you and your Authorised Users are solely responsible for all decisions that you make based on any output from our Products or Services;
2.6.3 you and your Authorised Users are solely responsible for deciding whether the output from our Products or Services is suitable for purpose; and
2.6.4 you and your Authorised Users are solely responsible for keeping copies and records of our Product or Service outputs and any related information that you want to preserve.
