Free Motion for Attorney Fees - District Court of Arizona - Arizona


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Date: December 31, 1969
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State: Arizona
Category: District Court of Arizona
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Case 2:O3—cv—O2353-DGC Document 97-4 Filed O1/17/2007 Page 1 0f2

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terminate or prevent the continuation of any existing default or violation, and to prevent the
occurrence of any threatened default or violation, by Franchisee of this Agreement.
20. ATT`ORNEYS' FEES
Should either party incur attorneys fees in order to enforce the terms and conditions {
of this Agreement, including pQSt—tet‘m covenants, whether or not a legal action is instituted,
the party not in default shall be entitled to reimbursement of such attorneys' fees and costs, i
in addition to any other remedies either pany may have at law or in equity. Should any - {
legal action be instituted, the prevailing party shall be entitled to recover all litigation costs
and expenses, including attorneys' fees. t
21. INTEGRATION .
A. Except as expressly provided in Paragraph 2lB hereof, this Agreement contains
all agreements, understandings, conditions, warranties and representations of any kind, oral §
or written, between the parties hereto, and constitutes the entire and final agreement
between them with respect to the subject matter addressed herein. Accordingly, all prior
and contemporaneous agreements, understandings, conditions, warranties and j
representations of any kind, oral or written, are hereby superseded and canceled by this Q
Agreement, except as to any monies due and unpaid between the parties to this Agreement {
at the time of the execution hereof. 'I'here·are no implied agreements, understandings, |
conditions, warranties or representations of any kind. No oflicer, employee or agent of {
Franchisor has any authority to make any representation or promise not contained in this
Agreement. ` j
B. Notwithstanding the provisions of Paragraph 21A hereof, this Agreement shall
not supersede or cancel the following: G) information and representations submitted by l
Franchisee to Franchisor in Franchisee's application for the grant of this Franchise,
including, but not limited to, iinancial statements and references which accompanied
Franchisee's application; and (ii) information and representations in the Franchise
Disclosure Documents which Franchisee has received in connection with the Franchise 1
which is the subject of this Agreement.
Any modification or change in this Agreement must be in writing, executed by an l
authorized corporate officer of Franchisor and by Franchisee. NO FIELD {
REPRESEN’I`ATlVE OF FRANCHISOR HAS THE RIGHT OR AUTHORITY TO
MAKE ORAL OR WRITTEN MODIFICATIONS OF TI-HS , AND ANY l
SUCH A MODIFICATIONS SHALL NOT BE BINDING UPON EITHER _ I
PARTY HEREIO.
23. WAIVER ‘
No waiver of any breach of any condition, covenant or agreement herein shall
constitute a continuing waiver or a waiver of any subsequent breach of the same or any
19441 sev A
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Case 2:03—cv—02353-DGC Document 97-4 Filed O1/17/2007 Page 2 of 2

Case 2:03-cv-02353-DGC

Document 97-4

Filed 01/17/2007

Page 1 of 2

Case 2:03-cv-02353-DGC

Document 97-4

Filed 01/17/2007

Page 2 of 2