Restaurant Trademark License Agreement

Manage and maintain the restaurant in a manner that ensures that the restaurant receives an acceptable classification for restaurants of the same nature from government authorities that inspect restaurants in the licensed area. No territorial protection. Licensee or its affiliates may locate the restaurants to be developed below in any place of responsibility, provided that Licensor accepts the Site in writing at its discretion and that the Site is not located in an area where another bad daddys-franchisor or licensee has exclusive rights or a right of pre-emption. Licensors and Licensees acknowledge and agree that as long as Licensee (A) has fully complied with its development obligations under the Development Plan and (B) any bad daddy restaurant operated by Licensee is compliant and not late and has never been in default (which has not been cured in time), the license agreement relating thereto, the licensee`s liability rights are exclusive, subject to section 3.4 (b) (ii) below. If either (A) or (B) is no longer applicable at any time in the preceding sentence, the licensee`s rights in the area of liability (but not in a license territory) no longer apply exclusively from and after that date. The General Court relied on the fact that in the present case only one licence had been granted to a single licensee, since the licensor had never granted any other restaurant or café licences for the use of the mark. In particular, the General Court found that, although the licensee defined in the agreement consisted of two undertakings, they were in fact a licensee like her: General. For the purposes of this Agreement, `competitive undertaking` means any undertaking which operates a restaurant or other food service undertaking or which grants licences or licences to operate other persons working in the retail trade with hamburgers in a full-service restaurant with a full-service bar, provided that more than thirty per cent (30%) of such appetizers consist of hamburgers (except another restaurant). bad daddys, which is operated under license from the licensor or its related companies; Good Times Burgers and Frozen Custard Restaurants, as long as they are not operated as full-service restaurants, do not constitute a competitive business within the meaning of this Agreement. .

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