This license agreement install, construct, operate, maintain template has 34 pages and is a MS Word file type listed under our legal agreements documents.
LICENSE AGREEMENT - INSTALL, CONSTRUCT, OPERATE, MAINTAIN This License Agreement - Install, Construct, Operate, Maintain (the "Agreement") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the "Licensor"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "Licensee"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [THIRD PARTY NAME] (the "Guarantor"), an individual with his main address located at: [COMPLETE ADDRESS] RECITALS WHEREAS [FIRST PARTY NAME] is the registered owner in [COUNTRY] of the trademarks listed in Schedule A-1 annexed hereto. AND WHEREAS [FIRST PARTY NAME] is also the owner of the trade name [SPECIFY] and other trade names which include the word [SPECIFY], all of which [FIRST PARTY NAME] has adopted and used to identify [SPECIFY] other products sold or used therein, and which [FIRST PARTY NAME] uses, and controls the usage of, in order to maintain, identify and further develop the reputation and goodwill established with the public by the association of its trade name and trade marks with the high quality of products and services available at [SPECIFY]; AND WHEREAS [FIRST PARTY NAME] is the owner of the goodwill associated with its trademarks and with OPERATIONS throughout [COUNTRY] operated under a trade name which includes the word [SPECIFY]; AND WHEREAS [FIRST PARTY NAME] has developed standards and specifications for buildings, decor, equipment, equipment layouts, supplies and menus, quality and quantity standards, operating procedures for sanitation, maintenance, food and beverage storage, preparation and service, methods and techniques for inventory and cost controls, record keeping and reporting, personnel management, purchasing, sales, promotions and advertising; AND WHEREAS the trade mark [SPECIFY] when displayed in or about a [SPECIFY] operating under a trade name which includes the word [SPECIFY], denotes to the public that the operation is either owned and operated by [FIRST PARTY NAME] or an operator licensed by [FIRST PARTY NAME]; AND WHEREAS by reason of the maintenance of high standards of quality of product and service in [SPECIFY] the enviable reputation of [FIRST PARTY NAME] would be severely damaged if operations operating under and/or using the name [SPECIFY] were not maintained and operated in accordance with the highest standards and if the [SPECIFY] sold therein were not sold under the highest possible sanitary conditions and if the service thereof was not made in a wholesome and appetizing manner; AND WHEREAS [FIRST PARTY NAME] is in the business, among other things, of licensing [SPECIFY] operations to be opened and operated pursuant to license agreements, and the Licensee recognizes the benefits to be derived from a license issued by [FIRST PARTY NAME] to be identified with the name [SPECIFY] and desires to operate a [SPECIFY] operation, and the Licensee acknowledges having had a full and adequate opportunity to be thoroughly advised of the terms and conditions of this License Agreement by advisors of the Licensee's own choosing; AND WHEREAS it is the desire of the parties hereto that the Licensee acquire the license herein granted to operate a [SPECIFY] operation at the location hereinafter mentioned under and pursuant to the covenants, terms and conditions herein contained: NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants, conditions and provisions herein contained and in consideration of the full and faithful performance by the Licensee of each and every one of the covenants, terms and conditions herein contained, the parties hereto hereby covenant, warrant and agree as follows: GRANT OF LICENSE [FIRST PARTY NAME] hereby grants to the Licensee the right and license: To use the above recited trademarks and trade names in the operation of a [SPECIFY] operation at the location known municipally as: [FULL ADDRESS] [STATE/PROVINCE], [STATE/PROVINCE] Schedule "A" hereto annexed contains a more particular description of the lands and premises on and from which the [SPECIFY] operation is to be operated; and In the operation of the [SPECIFY] operation, to use [FIRST PARTY NAME]'s distinctive labels, designs, cartons, containers and advertising material furnished to the Licensee by [FIRST PARTY NAME] or its material suppliers from time to time at the Licensee's request and expense; and To sell, use and distribute in the [SPECIFY] operation only such products as designated by [FIRST PARTY NAME] including, but not limited to: [SPECIFY] product designated by [FIRST PARTY NAME], [SPECIFY] products and related products as approved or required by [FIRST PARTY NAME] (pursuant to Section 5.01) either for use on the premises or elsewhere. This license relates solely to the location designated herein, and the granting thereof is subject to the terms and conditions herein contained. Subject to earlier termination as herein provided, the "Term" of this License Agreement shall be [NUMBER] years and [NUMBER] days from "the Commencement Date" which is the [DATE] day of to [DATE] "the Termination Date", which is the [DATE] day of [DATE] In the event the Licensee is unable to maintain tenure of the [SPECIFY] operation to the Termination Date, pursuant to the Lease (as defined in Section 3.5) or through ownership thereof, the term of this Agreement shall expire on the last day on which the Licensee is entitled to remain in possession of the [SPECIFY] operation. At the expiry of the term hereof, this License may be renewed by [FIRST PARTY NAME] in its discretion acting reasonably and for successive periods of [NUMBER] years each, provided that: the Licensee shall first apply for any such extension in writing at least [NUMBER] months, but not more than [NUMBER] months, prior to the end of the term, or renewal term, as the case may be; the Licensee is not in default of any provision of this Agreement (which term includes any amendment or successor hereto), or other agreement between [FIRST PARTY NAME] (or its subsidiaries and affiliates unless the context requires otherwise), and the Licensee; all monetary obligations of the Licensee to [FIRST PARTY NAME] have been satisfied prior to renewal, and timely met or default cured throughout the primary term and any prior renewals thereof; the Licensee has consistently operated the [SPECIFY] operation in accordance with the standards of [FIRST PARTY NAME]; the Licensee executes [FIRST PARTY NAME]'s then current standard form License Agreement which may include, without limitation, the payment of the then current License Fee, a revised Royalty Fee, and a higher or lower advertising contribution; the Licensee has made or has provided for such renovation or modernization of the [SPECIFY] operation building as [FIRST PARTY NAME] may reasonably require from time to time, including, without limitation: signs, equipment, furnishings and decor, so as to reflect the then current image of [SPECIFY] OPERATIONS; the Licensee has presented [FIRST PARTY NAME] with reasonable evidence to confirm that it is entitled to remain in possession of the [SPECIFY] operation during any renewal term; such further and other matters as determined by [FIRST PARTY NAME] in its discretion, acting reasonably; and the Licensee consents to the manner in which [FIRST PARTY NAME] intends to exercise its discretion as aforesaid. During the term of this License Agreement, [FIRST PARTY NAME] shall not establish, or license another to establish, a [SPECIFY] operation within a geographic radius of one point five [NUMBER] kilometers of the location designated herein (the "Trading Area") without the Licensee's written consent, subject to the provisions of Section 1.6.
This license agreement install, construct, operate, maintain template has 34 pages and is a MS Word file type listed under our legal agreements documents.
LICENSE AGREEMENT - INSTALL, CONSTRUCT, OPERATE, MAINTAIN This License Agreement - Install, Construct, Operate, Maintain (the "Agreement") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the "Licensor"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "Licensee"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [THIRD PARTY NAME] (the "Guarantor"), an individual with his main address located at: [COMPLETE ADDRESS] RECITALS WHEREAS [FIRST PARTY NAME] is the registered owner in [COUNTRY] of the trademarks listed in Schedule A-1 annexed hereto. AND WHEREAS [FIRST PARTY NAME] is also the owner of the trade name [SPECIFY] and other trade names which include the word [SPECIFY], all of which [FIRST PARTY NAME] has adopted and used to identify [SPECIFY] other products sold or used therein, and which [FIRST PARTY NAME] uses, and controls the usage of, in order to maintain, identify and further develop the reputation and goodwill established with the public by the association of its trade name and trade marks with the high quality of products and services available at [SPECIFY]; AND WHEREAS [FIRST PARTY NAME] is the owner of the goodwill associated with its trademarks and with OPERATIONS throughout [COUNTRY] operated under a trade name which includes the word [SPECIFY]; AND WHEREAS [FIRST PARTY NAME] has developed standards and specifications for buildings, decor, equipment, equipment layouts, supplies and menus, quality and quantity standards, operating procedures for sanitation, maintenance, food and beverage storage, preparation and service, methods and techniques for inventory and cost controls, record keeping and reporting, personnel management, purchasing, sales, promotions and advertising; AND WHEREAS the trade mark [SPECIFY] when displayed in or about a [SPECIFY] operating under a trade name which includes the word [SPECIFY], denotes to the public that the operation is either owned and operated by [FIRST PARTY NAME] or an operator licensed by [FIRST PARTY NAME]; AND WHEREAS by reason of the maintenance of high standards of quality of product and service in [SPECIFY] the enviable reputation of [FIRST PARTY NAME] would be severely damaged if operations operating under and/or using the name [SPECIFY] were not maintained and operated in accordance with the highest standards and if the [SPECIFY] sold therein were not sold under the highest possible sanitary conditions and if the service thereof was not made in a wholesome and appetizing manner; AND WHEREAS [FIRST PARTY NAME] is in the business, among other things, of licensing [SPECIFY] operations to be opened and operated pursuant to license agreements, and the Licensee recognizes the benefits to be derived from a license issued by [FIRST PARTY NAME] to be identified with the name [SPECIFY] and desires to operate a [SPECIFY] operation, and the Licensee acknowledges having had a full and adequate opportunity to be thoroughly advised of the terms and conditions of this License Agreement by advisors of the Licensee's own choosing; AND WHEREAS it is the desire of the parties hereto that the Licensee acquire the license herein granted to operate a [SPECIFY] operation at the location hereinafter mentioned under and pursuant to the covenants, terms and conditions herein contained: NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants, conditions and provisions herein contained and in consideration of the full and faithful performance by the Licensee of each and every one of the covenants, terms and conditions herein contained, the parties hereto hereby covenant, warrant and agree as follows: GRANT OF LICENSE [FIRST PARTY NAME] hereby grants to the Licensee the right and license: To use the above recited trademarks and trade names in the operation of a [SPECIFY] operation at the location known municipally as: [FULL ADDRESS] [STATE/PROVINCE], [STATE/PROVINCE] Schedule "A" hereto annexed contains a more particular description of the lands and premises on and from which the [SPECIFY] operation is to be operated; and In the operation of the [SPECIFY] operation, to use [FIRST PARTY NAME]'s distinctive labels, designs, cartons, containers and advertising material furnished to the Licensee by [FIRST PARTY NAME] or its material suppliers from time to time at the Licensee's request and expense; and To sell, use and distribute in the [SPECIFY] operation only such products as designated by [FIRST PARTY NAME] including, but not limited to: [SPECIFY] product designated by [FIRST PARTY NAME], [SPECIFY] products and related products as approved or required by [FIRST PARTY NAME] (pursuant to Section 5.01) either for use on the premises or elsewhere. This license relates solely to the location designated herein, and the granting thereof is subject to the terms and conditions herein contained. Subject to earlier termination as herein provided, the "Term" of this License Agreement shall be [NUMBER] years and [NUMBER] days from "the Commencement Date" which is the [DATE] day of to [DATE] "the Termination Date", which is the [DATE] day of [DATE] In the event the Licensee is unable to maintain tenure of the [SPECIFY] operation to the Termination Date, pursuant to the Lease (as defined in Section 3.5) or through ownership thereof, the term of this Agreement shall expire on the last day on which the Licensee is entitled to remain in possession of the [SPECIFY] operation. At the expiry of the term hereof, this License may be renewed by [FIRST PARTY NAME] in its discretion acting reasonably and for successive periods of [NUMBER] years each, provided that: the Licensee shall first apply for any such extension in writing at least [NUMBER] months, but not more than [NUMBER] months, prior to the end of the term, or renewal term, as the case may be; the Licensee is not in default of any provision of this Agreement (which term includes any amendment or successor hereto), or other agreement between [FIRST PARTY NAME] (or its subsidiaries and affiliates unless the context requires otherwise), and the Licensee; all monetary obligations of the Licensee to [FIRST PARTY NAME] have been satisfied prior to renewal, and timely met or default cured throughout the primary term and any prior renewals thereof; the Licensee has consistently operated the [SPECIFY] operation in accordance with the standards of [FIRST PARTY NAME]; the Licensee executes [FIRST PARTY NAME]'s then current standard form License Agreement which may include, without limitation, the payment of the then current License Fee, a revised Royalty Fee, and a higher or lower advertising contribution; the Licensee has made or has provided for such renovation or modernization of the [SPECIFY] operation building as [FIRST PARTY NAME] may reasonably require from time to time, including, without limitation: signs, equipment, furnishings and decor, so as to reflect the then current image of [SPECIFY] OPERATIONS; the Licensee has presented [FIRST PARTY NAME] with reasonable evidence to confirm that it is entitled to remain in possession of the [SPECIFY] operation during any renewal term; such further and other matters as determined by [FIRST PARTY NAME] in its discretion, acting reasonably; and the Licensee consents to the manner in which [FIRST PARTY NAME] intends to exercise its discretion as aforesaid. During the term of this License Agreement, [FIRST PARTY NAME] shall not establish, or license another to establish, a [SPECIFY] operation within a geographic radius of one point five [NUMBER] kilometers of the location designated herein (the "Trading Area") without the Licensee's written consent, subject to the provisions of Section 1.6.
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