Area of Protection Sample Clauses

Area of Protection. Notwithstanding anything to the contrary contained in the Franchise Agreement, during the term of the Franchise Agreement, BRCB will not operate, or grant a license or franchise to a third party to operate, a new Coffee Bar within a one (1) mile radius of the Coffee Bar.
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Area of Protection. We grant you a geographic area of protection, which is described in Attachment B (the “Area of Protection”), in which to construct and operate your Hotel. Subject to the one exception below, neither we nor any of our affiliates will open and operate, or authorize any other party to open and operate, any other Hyatt Place Hotels the physical premises of which are located within the Area of Protection. The one exception to this restriction is that, if we or any of our affiliates acquire (whether through purchase, sale, merger, consolidation, or other transaction) another chain, franchise system, group or portfolio of at least four (4) hotels, or acquire the right to operate or manage another chain, franchise system, group or portfolio of at least four (4) hotels, one (1) or more of which hotels are located in the Area of Protection (as we have the right to do), we and/or our affiliates then will have the unrestricted right to convert, or cause to be converted, the acquired hotel(s) within the Area of Protection from its (or their) original trade identity to the Hotel System and then to operate, or authorize any other party to operate, such hotel(s) as Hyatt Place Hotels using the Hotel System, even if one (1) or more of the other acquired hotels, whether operating within or outside the Area of Protection, are not converted to Hyatt Place Hotels. Except for the limited exclusivity provided above, there are no restrictions on us or our affiliates, your rights under this Agreement are nonexclusive in all respects, the Hotel has no territorial protection whatsoever, and we and our affiliates have the right without any restrictions at all to engage in any and all activities we and they desire (including any and all types of lodging facilities), at any time and place, whether or not using the Proprietary Marks or any aspect of the Hotel System, whether or not those activities compete with your Hotel, and whether or not we or our affiliates start those activities ourselves or purchase, merge with, acquire, or affiliate with businesses that already engage in such activities. We and our affiliates may engage in all activities not expressly prohibited in this Agreement. We and our affiliates may use or benefit from common hardware, software, communications equipment and services, administrative systems, reservation systems, franchise application procedures, central purchasing, approved vendor lists, and personnel. You agree that you will have no right to pursue any cl...
Area of Protection. 6.1 The normal areas of jurisdiction of each party to this agreement are considered the areas in which this agreement will operate.
Area of Protection. The Department shall respond to structure fires and fire alarms within the Lincolnton Rural Fire District. The Lincolnton Rural Fire District shall mean and be defined as that tax district located within Lincoln County more particularly described as follows: The Lincolnton Rural Fire District is comprised of portions of three county fire districts which will be defined as zones: Zone A is comprised of portions of the North 321 VFD District; Zone B is comprised of portions of the Howards Creek VFD District; and Zone C is comprised of portions of the Union VFD District All of which are more particularly described by that map attached hereto as Exhibit “A.” Each of the volunteer fire departments currently operating with the Lincolnton Rural Fire District will continue to receive the tax money collected from their old fire districts. Each of the volunteer fire departments will continue to respond to structure fires and fire alarms but will be the “second in department” for their Zone area. Each volunteer fire department will continue to run all other calls for each zone area that was theirs, including, but not limited to, calls for; debris removal; debris clearance; traffic control, search and rescue; evacuation; response to motor vehicle accidents; response and functioning at the EMS level as franchised through Lincoln County EMS and Lincoln County; provision of rescue services at the level of certification recognized through NCAREMS; and any other lifesaving and property protection measures as necessary.
Area of Protection the area shown on the map in Exhibit C attached hereto.
Area of Protection. Until April 30, 2022 (the “Initial Restriction Term”), other than the Venues, Erba located at 0000 XX 00xx Xx, Xxxxx, XX, Ghee Indian Kitchen (Downtown Dadeland) located at 0000 XX 00xx Xx, Xxxxx, XX and Ghee Indian Kitchen (Design District) located at 0000 XX 0xx Xxx, Xxxxx, XX, and any restaurants or other food concepts located in the Project or the mixed-use development known as Gables Station in Coral Gables, FL managed, owned or operated by Manager or any of its Affiliates (collectively, the “Manager Restaurants”) neither Manager, nor any of its Affiliates, shall open, own, operate, franchise, manage, lease, license, consult with, participate in, or have any financial interest (in excess of a five percent (5.0%) ownership interest) in a restaurant within the Area of Protection. From and after the expiration of the Initial Restriction Term through August 5, 2023, Manager will not open, own, operate, franchise, manage, lease, license, consult with, participate in, or have any financial interest (in excess of a five percent (5.0%) ownership interest) in any restaurant within the Area of Protection (other than the Manager Restaurants), unless (a) Manager provides Owner a right of first refusal to participate in the ownership and/or operation, as applicable, of any such restaurant, (b) Owner determines, in its sole but good faith discretion, that opening, owning, operating or managing any such restaurant would not adversely impact revenues at the Project, and (c) the Signature Restaurant is yielding positive Net Profit and has been yielding positive Net Profit for the twelve (12) month period immediately preceding the date on which Manager proposes to open a restaurant.
Area of Protection. Anything in Section I.B. of the Franchise Agreement to the contrary notwithstanding, during the term of the Franchise Agreement, Franchisor shall not develop and/or operate, or license any person or entity other than Franchisee to develop and/or operate, a System Hotel within a five (5) mile radius of the Hotel (the “Agreed Area”); provided, that Franchisor may continue to operate, manage, or license (and renew the agreements related to the management or licensing of) all System Hotels that are within the Agreed Area on the Execution Date of the Franchise Agreement.
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Related to Area of Protection

  • Survival of Protection The provisions of this Section 4 shall continue to afford protection to each Protected Person regardless of whether such Protected Person remains in the position or capacity pursuant to which such Protected Person became entitled to indemnification under this Section 4 and regardless of any subsequent amendment to this Agreement; provided, that no such amendment shall reduce or restrict the extent to which these indemnification provisions apply to actions taken or omissions made prior to the date of such amendment.

  • Fire Protection Contractor shall take adequate and reasonable precautions to protect the Work against damage by fire and smoke. For example, without limitation, Contractor shall do the following:

  • Further Protection The Pledgor will promptly give notice to the Secured Party of, and defend against, any suit, action, proceeding or lien that involves Posted Credit Support Transferred by the Pledgor or that could adversely affect the security interest and lien granted by it under Paragraph 2, unless that suit, action, proceeding or lien results from the exercise of the Secured Party’s rights under Paragraph 6(c).

  • Call Protection If the Commitments are voluntarily terminated or reduced by the Borrower pursuant to Section 2.06(b) at any time on or prior to the first anniversary of the Effective Date, the Borrower shall on the date of any such termination or reduction pay to the Administrative Agent, for the ratable benefit of the Lenders, an amount equal to two percent (2%) of the aggregate principal amount of such termination or reduction.

  • Protection of Property Seller assumes, and shall ensure that all subcontractors thereof and their respective employees assume, the risk of loss or destruction of or damage to any property of such parties whether owned, hired, rented, borrowed or otherwise, brought to a facility owned or controlled by Buyer or Buyer’s customer. Seller waives, and shall ensure that any subcontractor thereof and their respective employees waive, all rights of recovery against Buyer, its subsidiaries and their respective directors, officers, employees and agents for any such loss, destruction or damage. At all times Seller shall, and ensure that any subcontractor thereof shall, use suitable precautions to prevent damage to Buyer's property. If any such property is damaged by the fault or negligence of Seller or any subcontractor thereof, Seller shall, at no cost to Buyer, promptly and equitably reimburse Buyer for such damage or repair or otherwise make good such property to Buyer’s satisfaction. If Seller fails to do so, Buyer may do so and recover from Seller the cost thereof.

  • Environmental Protection Except as set forth in Schedule 5.13 annexed hereto:

  • Whistleblower Protection Notwithstanding anything to the contrary contained herein, no provision of this Agreement shall be interpreted so as to impede the Employee (or any other individual) from reporting possible violations of federal law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures under the whistleblower provisions of federal law or regulation. The Employee does not need the prior authorization of the Company to make any such reports or disclosures and the Employee shall not be not required to notify the Company that such reports or disclosures have been made.

  • Lien Protection Lessee shall pay when due all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of any work in, on, or about the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense, defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises. If Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to one and one-half times the amount of such contested lien claim or demand, indemnifying Lessor against liability for the same, as required by law for the holding of the Premises free from the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys' fees and costs in participating in such action if Lessor shall decide it is to its best interest to do so.

  • Whistleblower Protections and Trade Secrets Notwithstanding anything to the contrary contained herein, nothing in this Agreement prohibits Executive from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, or any other whistleblower protection provisions of state or federal law or regulation (including the right to receive an award for information provided to any such government agencies). Furthermore, in accordance with 18 U.S.C. § 1833, notwithstanding anything to the contrary in this Agreement: (i) Executive shall not be in breach of this Agreement, and shall not be held criminally or civilly liable under any federal or state trade secret law (x) for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law, or (y) for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal; and (ii) if Executive files a lawsuit for retaliation by the Company for reporting a suspected violation of law, Executive may disclose the trade secret to Executive’s attorney, and may use the trade secret information in the court proceeding, if Executive files any document containing the trade secret under seal, and does not disclose the trade secret, except pursuant to court order.

  • Application of Takeover Protections The Company and the Board of Directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or other similar anti-takeover provision under the Company’s certificate of incorporation (or similar charter documents) or the laws of its state of incorporation that is or could become applicable to the Purchasers as a result of the Purchasers and the Company fulfilling their obligations or exercising their rights under the Transaction Documents, including without limitation as a result of the Company’s issuance of the Securities and the Purchasers’ ownership of the Securities.

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