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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