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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