Togo's Eateries, Inc. (“TEI”) has entered into a separate agreement (the “TEI Agreement”) with Onosys for the creation of a customized online ordering solution (the “Solution”) including a hosted website with online ordering and mobile web ordering capabilities.
Subject to the terms of this Order including, without limitation, the payment in full of any and all fees described above, and the Terms and Conditions (the “Full Terms and Conditions”), Onosys agrees to provide to your Togo's location(s) (“Franchisee”) the Solution as described in the TEI agreement.
Franchisee shall pay Onosys a monthly license fee. Onosys’ delivery of the Solution under this Agreement is expressly conditioned upon, and subject to, Franchisee’s payment in full of the License Fee as set forth herein. The monthly rate is locked for the initial two year period beginning on the effective date, and may be increased every renewal period thereafter.
This Order may be terminated by either party at any time with thirty (30) days written notice. In addition, either party may terminate this Order immediately if the other party materially breaches any of its representations, warranties or obligations under this Order or the Full Terms and Conditions and such breach is not cured within ten days following when specific written notice thereof is given by the terminating party to the breaching party. In addition, this Order shall automatically terminate upon the termination of the TEI Agreement.