Chickie's and Pete's, Inc. - Page 7

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               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 of              





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Last modified: May 25, 2011