Encroachment Clause Samples

Encroachment. The Lessee shall have no exclusive rights for using the Common Areas and restrict its operation to within the Leased Area. The Common Areas shall not be allowed to be encroached or used for any other purpose and any encroachment of Common Area shall be construed as breach of the Lease Agreement inviting action as applicable for breach of the Lease Agreement.

Encroachment a. If a franchisor develops, or grants to a franchisee the right to develop, a new outlet or location which sells essentially the same goods or services under the same trademark, service mark, trade name, logotype, or other commercial symbol as an existing franchisee and the new outlet or location is in unreasonable proximity to the existing franchisee’s outlet or location and has an adverse effect on the gross sales of the existing franchisee’s outlet or location, the existing adversely affected franchisee has a cause of action for monetary damages in an amount calculated pursuant to paragraph “d”, unless any of the following apply: (1) The franchisor has first offered the new outlet or location to the existing franchisee on the same basic terms and conditions available to the other potential franchisee and such existing franchisee meets the reasonable current qualifications of the franchisor including any financial requirements, or, if the new outlet or location is to be owned by the franchisor, on the terms and conditions that would ordinarily be offered to a franchisee for a similarly situated outlet or location. (2) The adverse impact on the existing franchisee’s annual gross sales, based on a comparison to the annual gross sales from the existing outlet or location during the twelve-month period immediately preceding the opening of the new outlet or location, is determined to have been less than six percent during the first twelve months of operation of the new outlet or location. (3) The existing franchisee, at the time the franchisor develops, or grants to a franchisee the right to develop, a new outlet or location, is not in compliance with the franchisor’s then current reasonable criteria for eligibility for a new franchise, not including any financial requirements. (4) The existing franchisee has been granted reasonable territorial rights and the new outlet or location does not violate those territorial rights. (1) The franchisor, with respect to claims made under paragraph “a”, shall establish both of the following: (a) A formal procedure for hearing and acting upon claims by an existing franchisee with regard to a decision by the franchisor to develop, or grant to a franchisee the right to develop, a new outlet or location, prior to the opening of the new outlet or location. (b) A reasonable formal procedure for mediating a dispute resulting in an award of compensation or other form of consideration to a franchisee to offset all or a portion o...

Encroachment. If a franchisor develops, or grants to a franchisee the right to develop, a new outlet or location which sells essentially the same goods or services under the same trademark, service mark, trade name, logotype, or other commercial symbol as an existing franchisee and the new outlet or location has an adverse effect on the gross sales of the existing franchisee’s outlet or location, the existing adversely affected franchisee has a cause of action for monetary damages in an amount calculated pursuant to subsection 3, unless any of the following apply:

Encroachment. The Licensee shall have no exclusive rights for using the Common Areas and restrict its operation to within the Licensed Area. The Common Areas shall not be allowed to be encroached or used for any other purpose and any encroachment of Common Area shall be construed as breach of the License Agreement inviting action as applicable for breach of the License Agreement.

Encroachment. An employee who has not had a break of ten (10) consecutive hours during a twenty-four (24) hour period in which he/she works more than fifteen (15) hours shall not be required to report for work on his/her regularly scheduled shift until a period of ten (10) hours has elapsed from the end of the period of work that exceeded fifteen (15) hours. If, in the application of this clause, an employee works less than his/her regularly scheduled shift he/she shall, nevertheless, receive his/her regular daily rate of pay. For the purpose of this clause, time necessarily spent in travel required by the Company, shall be considered as time worked.

Encroachment. Not to allow any encroachment to be made or easement acquired on or over the Property and in particular not to allow a right of access of light or air from or over the Property to any neighbouring property to be acquired and if any encroachment or easement shall be made or threatened to be made or if any window or opening shall be opened or made or threatened to be opened or made in any neighbouring property which if not obstructed might by lapse of time confer the right to such access of light or air on the owner of any neighbouring property to give notice thereof to the Landlord and to permit it to enter the Property and to do all such things as may be proper for the purpose of preventing the making of such encroachment or the acquisition of such easement or right to light or air

Encroachment. In the event that either Party becomes aware of spillover sales of Interferon Gamma by Genentech that is used within the Field of Use or of Licensed Product by Connetics that is used outside the Field of Use, the Parties,shall meet and agree in good faith on reasonably appropriate steps (a) to ▇▇▇▇▇ such encroachment and (b) to compensate the Party which has suffered encroachment in its field of use by such spillover sales. *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.

Encroachment. Not to stock up darken or obstruct any windows or lights belonging to the Premises or any other premises belonging to the Landlord.

Encroachment. The LICENSOR has permanent easements and public right-of-way adjacent to the LICENSEE’s property. The LICENSEE desires to use a portion of the public right-of-way for the athletic field which is adjacent to the LICENSEE’s property subject to the following conditions: (A) The LICENSEE agrees to the inspection of the area of the encroachment by the LICENSOR as necessary to ensure the use and maintenance of the area of the encroachment meet the provisions of this agreement. (B) The LICENSEE agrees to the use of the area of the encroachment by the LICENSOR, and any persons or agent accessing the adjacent property or area of encroachment for lawful purposes. (C) The LICENSEE agrees that no landscaping, grading or paving changes shall be made in the public right-of-way that will negatively impact adjacent owners. (D) The LICENSEE agrees that no structure of a permanent nature shall be installed in the area of encroachment. (E) The LICENSE can be terminated by either party as described below. Upon termination of the LICENSE, the public right-of-way shall be restored to the satisfaction of the LICENSOR, consisting of lawn quality grass in accordance with City of Royal Oak Engineering Department Standards within ten (10) days after the LICENSE has been terminated. The LICENSOR agrees to assume all costs for restoring the area of encroachment including restoration work performed by others. (F) The LICENSEE agrees to notify the LICENSOR of any sale or re-lease of the LICENSEE’s property as described above at which time the LICENSOR shall review continuation or termination of the LICENSE. (G) The LICENSEE acknowledges and agrees that there are or may be utilities within the area of encroachment as described above. The LICENSEE agrees that should any addition, repair, or correction be required to be made to any utility within the area of encroachment, the LICENSEE will be responsible for all costs associated with the removal and replacement of concrete and/or asphalt pavement. The LICENSEE further acknowledges and agrees that the LICENSOR or its agents shall be allowed to make any and all emergency repairs to the utilities located upon or within the area of encroachment without being required to give notice to the LICENSEE.