Page 556 - Onboarding May 2017

party without such third party’s consent.

(d) Upon cessation of work or written request, the receiving party will return or destroy,
at its option, all Confidential Information of the disclosing party. Upon request of the
disclosing party, the receiving party will furnish an officer’s certificate certifying that
the disclosing party’s Confidential Information has been returned or destroyed.

(e) The receiving party may disclose Confidential Information to the extent compelled by
law, but the receiving party must give the disclosing party prompt written notice of
the required disclosure to allow the disclosing party time to make as effort to obtain a
protective order.

25.0 NO PUBLICITY

25.1 No Publicity.
Distributor will not, without Operator’s written consent, make any news release, public
announcement, denial or confirmation of this Agreement, its value or its terms. Nothing in
this Agreement grants Distributor the right to use any trademarks, service marks, trade
names or logos proprietary to Applebee’s, IHOP or their affiliates. If Distributor is granted
a right to use Applebee’s or IHOP’s marks, Distributor will do so only in strict compliance
with the respective guidelines.

26.0 ASSIGNMENT

26.1 Assignment; Successors and Assigns.
Neither party may assign this Agreement without the other party’s prior written consent,
which consent will not be unreasonably withheld, conditioned or delayed. But either party
may assign this Agreement, in whole or in part, without the other party’s consent, to (i) a
present or future affiliate, or (ii), an entity that has acquired all or substantially all of that
party’s assets as a successor to the business of such party (whether by way of merger,
reverse merger, consolidation, sale and purchase of assets or otherwise) and such entity has
agreed in writing prior to the effective date of such assignment to be bound by and to
perform in accordance with this Agreement as if it were the assigning party . The
provisions of this Agreement will be binding upon and will inure to the benefit of the
parties and their respective successors and permitted assigns.

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