Common use of Managing Owner Clause in Contracts

Managing Owner. (a) Franchisee must at all times during the Term employ a Managing Owner who must be a natural person and who shall be approved in advance by BKE in BKE’s sole discretion. Franchisee covenants that the Managing Owner is granted the authority by Franchisee to bind Franchisee in all dealings with BKE and its Affiliates and to direct any action necessary to ensure compliance with this Agreement and other agreements relating to the Franchised Restaurant. The Managing Owner at the date of this Agreement is the person specified as such in Schedule A. (b) Franchisee covenants that the Managing Owner will, at all times, have Control of Franchisee and will not delegate Control to any other person or entity. Franchisee must ensure that the Managing Owner exercises that Control diligently in compliance with this Agreement and in a timely manner. (c) No change in the Managing Owner may be made without the prior approval of BKE. If for any reason the person approved by BKE as the Managing Owner ceases to have Control of Franchisee, then as soon as practicable, and in any event no later than 90 days after such cessation, Franchisee must appoint a new Managing Owner that is approved in advance by BKE in its sole discretion. (d) If a person other than the Managing Owner is approved by BKE to act as the Operations Director pursuant to clause 4.4, the Managing Owner shall nevertheless devote substantial time and attention to the management and oversight of the Franchised Restaurant and any other Burger King Restaurants operated by Franchisee, and shall be available for meetings as requested by BKE.

Managing Owner. (a) Franchisee must at all times during the Term employ a Managing Owner who must be a natural person and who shall be approved in advance by BKE FRANCHISOR in BKEFRANCHISOR’s sole discretion. Franchisee covenants that the Managing Owner is granted the authority by Franchisee to bind Franchisee in all dealings with BKE FRANCHISOR and its Affiliates and to direct any action necessary to ensure compliance with this Agreement and other agreements relating to the Franchised Restaurant. The Managing Owner at the date of this Agreement is the person specified as such in Schedule A. (b) Franchisee covenants that the Managing Owner will, at all times, have Control of Franchisee and will not delegate Control to any other person or entity. Franchisee must ensure that the Managing Owner exercises that Control diligently in compliance with this Agreement and in a timely manner. (c) No change in the Managing Owner may be made without the prior approval of BKEFRANCHISOR. If for any reason the person approved by BKE FRANCHISOR as the Managing Owner ceases to have Control of Franchisee, then as soon as practicable, and in any event no later than 90 days after such cessation, Franchisee must appoint a new Managing Owner that is approved in advance by BKE FRANCHISOR in its sole discretion. (d) If a person other than the Managing Owner is approved by BKE FRANCHISOR to act as the Operations Director pursuant to clause 4.4, the Managing Owner shall nevertheless devote substantial time and attention to the management and oversight of the Franchised Restaurant and any other Burger King Restaurants operated by Franchisee, and shall be available for meetings as requested by BKE.by