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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-23
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LICENSE AGREEMENT TO OPERATE CONCESSION
_________________, referred to as STORE, and ________________
________, referred to as LICENSEE, agree:
STORE grants to LICENSEE the exclusive right for a term of _____
______, to operate a _____________ department for the sale, at
retail, of computer programs, and other products which are
customarily sold together with the licensed line of products. As
to the related products, this right shall be non-exclusive.
The total retail space permitted is _____________. In addition
___________ shall permitted for storage. Storage space shall not
be air conditioned or heated. The space to be provided to _______
______________ shall be located as shown the attached floor plan.
The initial cost of refurbishment, and provision of fixtures shall
be the sole responsibility of LICENSEE, and the plans and
completed work shall be subject to the approval of STORE. However,
STORE may from time to time in its sole discretion require that
the licensed area be moved. In the event that a move is required
by the STORE, the expense of moving shall be borne by the STORE.
As rent LICENSEE shall pay the sum of ____ percent of all sales.
LICENSEE shall provide a daily report to STORE of sales made that
are paid for within its department. STORE shall provide a _______
accounting of sums collected for sales originating within the
department. In the event that STORE accepts payment for items
purchased within the licensed department, the STORE shall provide
price tags encoded so that sales are credited to LICENSEE. The
minimum rental shall be $________(______________&___/100 dollars)
per year. Settlement shall occur on a _______ basis. In the event
that the rental as calculated per month is not equal to 1/12 of
the annual rental, STORE shall have the right to bill LICENSEE for
any short fall.
The licensed department shall be open the same time as the store.
Employees of the licensed department shall wear the same uniforms
and name tags as employees of the STORE. Such uniforms, names tags
and other personal items shall be provided by the STORE at its
cost to LICENSEE. Employees of LICENSEE shall be subject to the
same regulations as to dress and deportment as employees of STORE.
The fact of this license shall not be made public, and the
department shall be operated as if it was a a part of the STORE.
LICENSEE shall be solely responsible for pay, fringe benefits and
worker's compensation due to its employees. STORE may require that
LICENSEE's employees attend training provided by it, and STORE
shall bear the expense of the training, and LICENSEE shall pay its
employees their regular wages for such training. STORE may in its
discretion require LICENSEE to replace employees not meeting
STORE's standards.
STORE shall be authorized to accept returns and to settle disputes
with LICENSEE's customers with reasonable discretion, and in
keeping with its standard policy of customer service. Any amounts
paid in refund and any merchandise returned to STORE shall be
deducted from amounts due by the STORE to the LICENSEE and
returned to LICENSEE, respectively.
In the event that bank credit cards are accepted by STORE for
sales made in LICENSEE's department, STORE shall remit the net
amount of the sale, less the customary merchant discount. If STORE
provides its own credit card:
STORE shall pay for all sales of merchandise from LICENSEE's
department sales which are made on its card in full;
If STORE provides its own credit card, LICENSEE shall be provided
with facilities for the acceptance of the same, and provided that
STORE approves a charge transaction, STORE shall pay the same to
LICENSEE at par.
If STORE accepts checks, it may accept checks for sales from
LICENSEE's department under the same terms and conditions as it
accepts checks from its own customers. All sums in checks shall be
initially credited to LICENSEE. However, LICENSEE shall be charged
back for sums due to bad checks. All bad checks shall be collected
by STORE, and the net sums collected paid to LICENSEE.
LICENSEE shall spend a minimum of ____ per cent of its total
projected minimum sales (which shall be determined by dividing the
minimum rental by the percentage of sales paid as rental) on
advertising. Said advertising shall be coordinated and placed
through the STORE's advertising department or agencies. LICENSEE
shall prepare all advertisements at its costs, however the same
will be subject to the final approval of STORE.
LICENSEE shall at all times maintain comprehensive general
liability insurance and insurance on its stock with an insurance
carrier acceptable to STORE with a minimum limit of $_____________
(____________________&___/100 dollars). LICENSEE shall cause STORE
to be named as an additional insured with payments to be made as
the respective interests of the parties appear.
If LICENSEE shall at any time fail to maintain adequate stock,
employees and meet the standards of the STORE for service and
operation, STORE shall specify the defects, and LICENSEE shall
have no more than 72 hours to remedy the defects for the first
notification, and 24 hours for any subsequent notification. If the
LICENSEE does not cure any breach, STORE may terminate the license
with LICENSEE. LICENSEE specifically waives the necessity of a
judicial order requiring it to cease operations and vacate the
premises and STORE shall be entitled to effect removal through
self-help.
In the event of the destruction of the premises or their
condemnation during the term of this agreement, the LICENSEE's
sole remedy shall an extended term equal to the remaining term
under this agreement in any replacement store, or, if the existing
store is damaged, to an extension of time equal to the time that
the store is closed once the store is reopened.
This agreement and the rights thereunder may not be assigned by
either party without the prior consent of the other party. In the
event that the store premises are leased or subject to a mortgage
this agreement shall be subordinate thereto. LICENSEE agrees that
it will execute a subordination agreement upon request of the
LICENSOR.
Dated: ___________________________
_______________________________________
_______________________________________