Examples of MSO Agreement in a sentence
See Santisas, 951 P.2d at 407.We understand Pacific’s claim for disgorgement of profits earned under the MSO Agreement to refer to the rule that a rescinding party must “[r]estore to the other party everything of value which he has received from him under the contract or offer to restore the same upon condition that the other party do likewise, unless the latter is unable or positively refuses to do so.” California Civil Code § 1691(b).
The contractual provision in question here, Paragraph 24(c) of the 2003 MSO Agreement, provides: Renewal/Nonrenewal.
Shell retained the right to ask Danville to “remove” an employee from a Shell-owned station “for good cause shown,” but the MSO Agreement provided that Danville had sole authority to terminate its employees.2 The MSO Agreement also required Danville to operate gas stations in conformity with Shell’s operational standards.
As a result, Shell is entitled to force termination of the MSO Agreement, either in January 2006 or no later than June 2006, depending on whether RWJ has a viable challenge to the March 2005 Amendment Agreement.
From August 2003 to 2008, Danville operated as many as 39 gas stations for Shell under an MSO Agreement, employing hundreds of people at those stations.
The 2003 MSO Agreement is due to expire by its own terms in June 2006, less than six months from now.
While the MSO Agreement replaced the CORO franchise agreement, the MSO Agreement retained many of the attributes of the franchise agreement, including Shell providing Danville with detailed manuals concerning the dispensing and sale of gasoline, signage, and condition and maintenance of the property.
Very shortly after acquiring the properties (here, between seven and twenty days), the purchaser/borrower contracted with a private lender to borrow funds for the purpose of paying real property taxes 15 Matherne knew how much was owed to Dampkring under the WMC Tax Transfer DOT because, as was their common practice, the Debtor faxed him a payoff statement.
As the Curry court noted, the RWJ case involved whether the MSO Agreement amounts to a franchise agreement.
Even if plaintiff could succeed inchallenging the Amendment Agreement, the effect would be to restore the parties to the terms of the 2003 MSO Agreement and MSO Lease Agreement.