Common use of Discontinuance of the Use of the Marks following Termination or Expiration Clause in Contracts

Discontinuance of the Use of the Marks following Termination or Expiration. You agree that, upon termination or expiration of this Agreement, you will: (a) Not directly or indirectly at any time or in any manner (except with respect to other Pretzel Time Stores owned and operated by you) identify yourself or any business as a current or former Pretzel Time Store, or as a franchisee, licensee or dealer of us or our Affiliates, use any ▇▇▇▇, any colorable imitation of a ▇▇▇▇ or other indicia of a Pretzel Time Store in any manner or for any purpose or utilize for any purpose any trade name, trade or service ▇▇▇▇ or other commercial symbol that suggests or indicates a connection or association with us or our Affiliates; (b) Deliver to us all signs, sign-faces, sign-cabinets, marketing materials, forms, invoices and other materials containing any ▇▇▇▇ or otherwise identifying or relating to a Pretzel Time Store and allow us, without liability, to remove all such items from your Store; (c) Take such action as may be required to cancel all fictitious or assumed name or equivalent registrations relating to your use of any ▇▇▇▇; (d) If we do not purchase your Store as provided in Section 14.5, make the changes to the exterior and interior appearance of your Store to distinguish the Trade Dress as are reasonably required by us; (e) Deliver all materials and supplies identified by the Marks in full cases or packages to us for credit and dispose of all other materials and supplies identified by the Marks within 30 days after the effective date of termination of this Agreement; (f) Notify the telephone company and all telephone directory publishers of the termination of your right to use any telephone and telecopy numbers and any regular, classified or other telephone directory listings associated with any ▇▇▇▇ and to authorize transfer of those rights to us, or at our direction, our designee. You agree that, as between you and us, we have the right to and interest in all telephone and telecopy numbers and directory listings associated with any ▇▇▇▇. You authorize us and appoint us and any of our officers as your attorney in fact, to direct the telephone company and all telephone directory publishers to transfer any telephone and telecopy numbers and directory listings relating to your Store to us, or our designee, should you fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of our exclusive rights in the telephone and telecopy numbers and directory listings and our authority to direct their transfer; and (g) Furnish us, within 30 days after the effective date of termination, with evidence satisfactory to us of your compliance with the obligations in this Section 14.3. You agree that if you fail to fulfill any of the obligations contained in this Section 14.3 upon termination or expiration of this Agreement, we have the right, at our option, to perform such obligations at your expense.

Appears in 1 contract

Sources: Franchise Agreement (MRS Fields Financing Co Inc)

Discontinuance of the Use of the Marks following Termination or Expiration. You agree that, upon termination or expiration of this Agreement, you will: (a) Not directly or indirectly at any time or in any manner (except with respect to other Pretzel Time Pretzelmaker Stores owned and operated by you) identify yourself or any business as a current or former Pretzel Time Pretzelmaker Store, or as a franchisee, licensee or dealer of us or our Affiliates, use any ▇▇▇▇, any colorable imitation of a ▇▇▇▇ or other indicia of a Pretzel Time Pretzelmaker Store in any manner or for any purpose or utilize for any purpose any trade name, trade or service ▇▇▇▇ or other commercial symbol that suggests or indicates a connection or association with us or our Affiliates; (b) Deliver to us all signs, sign-faces, sign-cabinets, marketing materials, forms, invoices and other materials containing any ▇▇▇▇ or otherwise identifying or relating to a Pretzel Time Pretzelmaker Store and allow us, without liability, to remove all such items from your Store; (c) Take such action as may be required to cancel all fictitious or assumed name or equivalent registrations relating to your use of any ▇▇▇▇; (d) If we do not purchase your Store as provided in Section 14.5, make the changes to the exterior and interior appearance of your Store to distinguish the Trade Dress as are reasonably required by us; (e) Deliver all materials and supplies identified by the Marks in full cases or packages to us for credit and dispose of all other materials and supplies identified by the Marks within 30 days after the effective date of termination of this Agreement; (f) Notify the telephone company and all telephone directory publishers of the termination of your right to use any telephone and telecopy numbers and any regular, classified or other telephone directory listings associated with any ▇▇▇▇ and to authorize transfer of those rights to us, or at our direction, our designee. You agree that, as between you and us, we have the right to and interest in all telephone and telecopy numbers and directory listings associated with any ▇▇▇▇. You authorize us and appoint us and any of our officers as your attorney in fact, to direct the telephone company and all telephone directory publishers to transfer any telephone and telecopy numbers and directory listings relating to your Store to us, or our designee, should you fail or refuse to do so, and the telephone company and all telephone directory publishers may accept such direction or this Agreement as conclusive of our exclusive rights in the telephone and telecopy numbers and directory listings and our authority to direct their transfer; and (g) Furnish us, within 30 days after the effective date of termination, with evidence satisfactory to us of your compliance with the obligations in this Section 14.3. You agree that if you fail to fulfill any of the obligations contained in this Section 14.3 upon termination or expiration of this Agreement, we have the right, at our option, to perform such obligations at your expense.

Appears in 1 contract

Sources: Franchise Agreement (MRS Fields Financing Co Inc)