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17. DISCRIMINATION <br />Bean Sprouts shall not discriminate because of race, color, creed, religion, sex, marital <br />status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by <br />applicable law, in the recruitment, selection, training, utilization, promotion, termination or other <br />employment related activities. Bean Sprouts affirms that -it is an equal opportunity employer and <br />shall comply with all applicable federal, state and local laws and regulations. <br />18. INTELLECTUAL PROPERTY <br />a. Bean Sprouts' Intellectual Property. Bean Sprouts is the owner of the rights to <br />certain trademarks, service marks and logotypes, including the registered service <br />marks, "Bean Sprouts" and "Imaginibbles," used in the operation of its restaurant <br />businesses (which, together with any future marks developed by or for the use of <br />Bean Sprouts based upon any variation of the names "Bean Sprouts" or <br />"Imaginibbles," are collectively referred to herein as the "Bean Sprouts Marks"). <br />City hereby acknowledges and agrees that Bean Sprouts is the sole and exclusive <br />owner of the Bean Sprouts Marks and that City shall obtain no right, title or interest <br />or <br />Sprouts' use of the Bean Sprouts Marks in carrying out its obligations hereunder. <br />City further acknowledges and agrees that Bean Sprouts will conduct its operations <br />hereunder using the Bean Sprouts Marks in its sole discretion. <br />b. City's Intellectual Property. City is the owner of the rights to certain trademarks, <br />service marks and logotypes, used in the operation of its businesses (which, <br />together with any future marks developed by or for the use of City are collectively <br />referred to herein as the "City Marks"). Bean Sprouts hereby acknowledges and <br />agrees that City is the sole and exclusive owner of the City Marks and that Bean <br />Sprouts shall obtain no right, title or interest in or to any of the City Marks through <br />this Agreement or through City's use of the City Marks in carrying out its <br />obligations hereunder. <br />19. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Bean Sprouts, and supersedes any and all other agreements, oral or written, between the parties. <br />In the event of a conflict between the terms of this Agreement and any attachments hereto, the <br />terms of this Agreement shall prevail. This Agreement may not be modified except by written <br />instrument signed by the City and by an authorized representative of Bean Sprouts. The parties <br />agree that any terms or conditions of any purchase order or other instrument that are inconsistent <br />with, or in addition to, the terms and conditions hereof, shall not bind or obligate Bean Sprouts or <br />the City. Each party to this Agreement acknowledges that no representations, inducements, <br />promises or agreements, orally or otherwise, have been made by any party, or anyone acting on <br />behalf of any party, which is not embodied herein. <br />Page 12 of 17 <br />25B-16 <br />