Chickie's and Pete's, Inc. - Page 8

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                                             the operation of Licensee’s              
                                             Business under the                       
                                             Trademark and Licensed                   
                                             Rights but excludes                      
                                             intercompany transfers,                  
                                             bona fide credits and                    
                                             refunds upon return of                   
                                             merchandise, discounts,                  
                                             tips, the value of any                   
                                             coupon, voucher or                       
                                             allowance issued or granted              
                                             to a customer of a                       
                                             restaurant in furtherance                
                                             of any promotional program               
                                             and which is received and                
                                             credited in full or partial              
                                             payment for products or                  
                                             services sold at the                     
                                             Business and amounts                     
                                             collected and turned over                
                                             by Licensee for use tax,                 
                                             sales tax, excise tax and                
                                             all other similar taxes                  
                                             (other than taxes on net                 
                                             income) levied by any                    
                                             governmental body.                       
                         2.  Licensee’s Obligations and Undertakings.                 
                              (a)  * * * Licensee covenants and agrees, as            
               part of the consideration of the issuance of this License by           
               Licensor, that Licensee:                                               
               *       *       *       *       *       *       *                      
                                   (ii) shall serve all of the menu items             
                                        specified by Licensor as set forth            
                                        on Schedule 2(a)(ii) attached                 
                                        hereto and made a part hereof[4] and          
                                        shall serve only such menu items as           
                                        are specified by Licensor, and                
                                        shall follow all specifications and           
                                        formulae of Licensor as to the                
                                        contents, quality and weight of the           

               4Schedule 2(a)(ii) was not attached to petitioner’s license            
          agreement that is part of the record in this case.                          





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Last modified: May 25, 2011