BY
THE VENDOR IN THE STYLE OF OR CONTAINING THE "PERFECT PIZZA", "GINO'S PIZZA" OR
"GINO'S DIAL-A-PIZZA" NAME OR ANY RELATED LOGO OR LIVERY SAVE THAT THE VENDOR
MAY CONTINUE TO DISPLAY OR PERMIT THE DISPLAY OF THE "PERFECT PIZZA",
"GINO'S
PIZZA" OR "GINO'S DIAL-A-PIZZA" LOGOS ON DELIVERY TRUCKS OWNED OR OPERATED BY OR
FOR THE VENDOR IF SUCH TRUCKS DELIVER TO THE BUSINESS AND THE PURCHASER
ACKNOWLEDGES AND AGREES THAT THE VENDOR MAY REQUIRE UP TO 30 DAYS FROM
COMPLETION IN ORDER TO ALTER THE NAME "PERFECT PIZZA HOUSE" AT ITS PREMISES AT
THE FORUM, HANWORTH LANE, CHERTSEY, SURREY KT16 9JX.
7.4
THE PROVISIONS OF CLAUSE 7.3 SHALL BE WITHOUT PREJUDICE TO THE
RIGHT OF THE VENDOR'S GROUP TO CONTINUE AT ANY TIME AFTER COMPLETION TO USE THE
PHRASE "...DELIVERING THE PERFECT PIZZA" IN THE MANNER AND IN THE TERRITORY
CURRENTLY USED, WHICH FOR THE AVOIDANCE OF DOUBT SHALL BE OUTSIDE THE UNITED
KINGDOM, IN THE ORDINARY COURSE OF THE EXCLUDED BUSINESS AS PART OF ANY TRADE
MARK OR LOGO OF THE VENDOR'S GROUP OR OTHERWISE HOWSOEVER AND THE PURCHASER
HEREBY EXPRESSLY AUTHORISES SUCH USE ON A PERPETUAL, ROYALTY FREE BASIS.
7.5
THE PURCHASER UNDERTAKES TO PROCURE THAT AFTER COMPLETION NEITHER
THE PURCHASER NOR ANY OTHER MEMBER OF THE PURCHASER'S GROUP SHALL USE IN ANY WAY
WHATSOEVER ANY NAME INCLUDING THE WORD OR WORDS "PAPA", "JOHN" OR "PAPA JOHN'S"
OR ANY OTHER NAME INTENDED OR LIKELY TO BE CONFUSED WITH ANY SUCH NAMES OR
SUGGEST ANY CONNECTION WITH ANY MEMBER OF THE VENDOR'S GROUP OR USE THE "PAPA
JOHN'S" LOGO OR LIVERY (INCLUDING WHERE THE "PAPA JOHN'S" NAME, LOGO OR LIVERY
APPEARS ON OR IS EMBEDDED IN ANY ITEM (INCLUDING STATIONERY)) AND SHALL
IMMEDIATELY CHANGE OR REMOVE OR PROCURE CHANGE OR REMOVAL OF ANY SIGN BOARDS,
FASCIAS, LOGOS, PROMOTIONAL MATERIALS OR SIMILAR ITEMS AT THE PROPERTIES IN THE
STYLE OF OR CONTAINING THE "PAPA JOHN'S" NAME OR ANY RELATED LOGO OR LIVERY.
7.6
THE PURCHASER SHALL NOT, AFTER COMPLETION, BE ALLOWED ACCESS TO
THE VENDOR'S "IN-TOUCH" OR "AIRWAVES" SYSTEMS AND THE PURCHASER UNDERTAKES TO
PROCURE THAT NONE OF ITS FRANCHISEES USE OR CONTINUE TO USE EITHER OF THESE
SYSTEMS. THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE EXTENT THAT IT IS
ABLE TO DO SO, IMMEDIATELY UPON COMPLETION THE VENDOR WILL TERMINATE ALL RIGHTS
OF ACCESS OF THE PURCHASER AND ITS FRANCHISEES TO THOSE SYSTEMS.
7.7
AS SOON AS IS REASONABLY PRACTICABLE AFTER COMPLETION THE VENDOR
AND THE PURCHASER SHALL ISSUE A STATEMENT IN THE APPROVED FORM TO THE
FRANCHISEES AND THE SUPPLIERS OF THE BUSINESS INFORMING THEM OF THE TRANSFER OF
THE BUSINESS TO THE PURCHASER.
7.8
EACH PARTY UNDERTAKES TO AND COVENANTS WITH THE OTHER THAT IT
SHALL NOT, AND IT SHALL PROCURE THAT EACH MEMBER OF (RESPECTIVELY) THE VENDOR'S
GROUP OR THE PURCHASER'S GROUP SHALL NOT
13
FOR THE PERIOD OF 5 YEARS AFTER COMPLETION (EXCEPT AS REQUIRED BY LAW OR ANY
REGULATORY AUTHORITY) DISCLOSE OR DIVULGE TO ANY PERSON (OTHER THAN TO OFFICERS
OR