Chickie's and Pete's, Inc. - Page 3

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          concessions), entered into a license agreement (Ogden license               
          agreement).  That agreement provided in pertinent part:                     
                         WHEREAS, Licensee [Ogden] operates the food and              
               beverage concessions at Veterans Stadium in Philadelphia,              
               Pennsylvania (“Veterans Stadium”);                                     
                         WHEREAS, Licensee desires the right to use the               
               Trademark [i.e., “CHICKIE’S & PETE’S” and the goodwill                 
               associated therewith] and the recipes and menu items devel-            
               oped, formulated and tested by Licensor [4010, Inc.] (such             
               recipes and menu items being the “Licensed Rights”) at its             
               location at 4010 Robbins Avenue, Philadelphia * * * to                 
               identify the goods and services being licensed to Licensee             
               under this Agreement (the “Business”); and                             
                         WHEREAS, Licensor is willing to grant to                     
               Licensee a non-exclusive license to use the Trademark                  
               and the Licensed Rights in the identification and                      
               operation of Licensee’s Business pursuant to the provi-                
               sions contained in this Agreement.                                     
                         NOW, THEREFORE, in consideration of the                      
               mutual covenants and promises hereinafter set forth,                   
               the parties, intending to be legally bound, hereby                     
               agree as follows:                                                      
                         1.   Grant of License.                                       
                              (a)  Licensor hereby grants to Licensee,                
               subject to the provisions of this Agreement, the non-                  
               exclusive license to use the Trademark and such other                  
               variations of the Trademark as may be authorized by                    
               Licensor in the operation of a food service business                   
               together with the Licensed Rights only at * * * Veter-                 
               ans Stadium (the “License”). * * *                                     
                              (b)  Except as set forth in Paragraph 1(a)              
               above, this Agreement shall in no way limit Licensor’s use             
               of the Trademark or the Licensed Rights in its current                 
               operation or in any future endeavor which Licensor may                 
               pursue or desire to pursue, including but not limited to,              
               operating or licensing others to operate Chickie’s & Pete’s            
               concessions in any other stadium, arena or other similar               
               venue.                                                                 
                              (c)  In consideration for the granting                  





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Last modified: May 25, 2011