- 7 - ment (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 * * * 10100 Roosevelt Boulevard, Philadelphia * * * (the “License”). * * * (b) In consideration for the granting of this License, Licensee shall make the following payments to Licensor at the times and in the manner set out below: (i) Licensee shall pay as a con- tinuing fee (“Royalty”) peri- odically each year Twenty-two and one-half percent (22.5%) of the Gross Sales for the yearly period September 1st through August 31st each year. (A) The term “Gross Sales” means all of Licensee’s receipts from operations, sales, charges, fees, orders taken, services, concessions, business interruption insurance and all other revenues of any kind and nature, whether for cash or credit, in, from, about or by reason ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011