Orange County NC Website
Browse       Search
hereunder, upon receiving notice pertaining to such matter, Indemnitee shall promptly (and <br />in no event more than fifteen (15) days after any third-party litigation is commenced <br />asserting such claim) give reasonably detailed written notice to the Indemnitor of the nature <br />of such matter and the amount demanded or claimed in connection therewith. <br />(d) Survival. The obligations of the parties contained in this Section <br />shall survive the termination or expiration of this Agreement. <br />ARTICLE 13 MISCELLANEOUS <br />13.1 Relationship. Manager and Owner shall not be construed as joint <br />venturers or general partners of each other, and neither shall have the power to bind or <br />obligate the other party except as set forth in this Agreement. Manager understands and <br />agrees that the relationship to Owner is that of independent contractor, and that it will <br />not represent to anyone that its relationship to Owner is other than that of independent <br />contractor. Nothing herein shall deprive or otherwise affect the right of either party to <br />own, invest in, manage or operate property, or to conduct business activities, which are <br />competitive with the business of the Facility. Manager covenants and agrees that even <br />though it may have a management responsibility for other similar properties, which from <br />“time to time" may be competitive with the Facility, Manager shall always represent the <br />Facility fairly and deal with Owner on an equitable basis. <br />Manager has the right to display its brand and marks in the Facility and on the <br />Facility’s marketing materials in a manner that does not exceed 10% of the overall <br />impression of the Facility’s own brand. Manager has the right to use and store the <br />database and contact information of the customers of the Facility. Manager will provide <br />from time-to-time images and other marketing material that it owns and holds the license <br />to for use by the Facility. Owner agrees not to use those images and that material in <br />any manner outside of the operation of the Facility while Manager is engaged to operate <br />it. Manager has the right to use images and marks from the Facility for its own marketing <br />and promotions material without restriction while the Manager is engaged to operate the <br />Facility. <br />13.2 Assignment. This Agreement shall not be assigned by either party without <br />the express written consent of the non-assigning party. Any such assignment made <br />without proper consent shall be deemed void. <br />13.3 Benefits and Obligations. The covenants and agreements herein contained <br />shall inure to the benefit of and be binding upon the parties hereto and their respective <br />heirs, executors, successors, and assigns. There are no third-party beneficiaries of this <br />Agreement and nothing in this Agreement, express or implied, is intended to confer on any <br />person other than the parties hereto (and their respective successors, heirs and permitted <br />assigns), any rights, remedies, or obligations. <br />13.4 Fees for Legal Advice. Except as otherwise provided in Section 12.3 each <br />party is responsible for its own legal fees and costs. <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE