This property management and leasing contract will be used for a local shopping centre, which is a centre usually anchored in supermarkets and/or superdrogenes. The agreement names the centre`s management company and outlines the manager`s responsibilities. 2.02 Provided that the franchisee has complied with this agreement and all other agreements between Franchisor and the franchisee, the franchisee may, at the expiry of the term of the agreement, remain franchised for an additional period of TEN (10) years, provided: 10.04 The purchaser must, in order to allow the franchisors to authorize a transfer: (i) meet the subjective standards of the franchisor for the new franchisee; (ii) to sign Franchisor`s current franchise agreement with conditions that could substantially deviate from this agreement and (iii) to satisfactorily complete the franchisor`s training. The manager has all operational responsibilities and is compensated by the payment of a fixed management and leasing fee as well as an incentive compensation equal to a portion of the net operating income from the centres, subject to a cap. This management agreement is designed to respond to a situation in which the Retail Strip Center to manage is owned by a corporate subsidiary of the manager. In this case, the neighborhood center is anchored by a store tenant. In addition, the manager is appointed leasing agent of the centre and receives commissions on new leases. Finally, the manager receives an administration fee, which is calculated as a percentage of the rent of existing leases in the centre. 8.04 For the duration of this contract and for 18 months after, neither the franchisees, the guarantors, nor any owner or manager will disclose any information about the transaction or the interviews, nor any agreement to sell or transfer the business or assets of the company; which would allow the operation of an independent competitor or operator on the franchise site, or to negotiate or formalize a contract sale or transfer agreement, regardless of the present agreement, activity or assets of the business that would allow the operation of a competitor or an independent operator on the franchise site.
Such a measure would give the franchisor the right to obtain from the franchisor a minimum amount equal to the licence fees extrapolated on the basis of previous sales for the life of the franchise and payable by the franchisor on notice. franchise or retail-related agreements with low-cost items. 5.12 To keep your Dollar With More Store open and in normal operation during hours and days of the year, as stipulated in the lease agreement with the owner whose terms are subject to Franchisor`s prior written consent and the hours that do not violate applicable laws. This administrative agreement provides for the payment of administrative and leasing costs to the trustee. The rental tax is a percentage of the total rental paid in the rental contracts for the centre, without payments of so-called additional rents, such as common maintenance of land, property taxes, insurance costs, etc. Administrative costs are calculated as a percentage of total rents and additional rents, plus a higher percentage of maintenance overheads. 11.01 This agreement does not constitute a franchisee, legal representative, joint venture or partner or employee of Franchisor. The franchisee is an independent contractor and is not authorized to take over, on behalf of Franchisor, a contract, contract, guarantee or representation, nor any obligation, neither express nor implied, on behalf of Franchisor. This agreement does not create any fiduciary relationship between the franchisor and the franchisee. 7.08 The franchisee acknowledges that it will have access to valuable confidential matters, trade secrets, know-how, methods, information, recruitment techniques, accounting procedures, control procedures and marketing, customer and prospect and technical data (“confidential information”).