What is the definition of 'Telephone Company' in the context of the Hydrodog franchise agreement?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
Company to effectuate the assignment of the Numbers and Listings to us; and (b) sign on your behalf such documents and take such actions as may be necessary to effectuate the assignment. Notwithstanding anything else in the Assignment, however, you will immediately notify and instruct the Telephone Company to effectuate the assignment described in this Assignment to us when, and only when: (i) the Franchise Agreement is terminated or expires; and (ii) we instruct you to so notify the Telephone Company. If you fail to promptly direct the Telephone Company to effectuate the assignment of the Numbers and Listings to us, we will direct the Telephone Company to do so. The Telephone Company may accept our written direction, the Franchise Agreement or this Assignment as conclusive proof of our exclusive rights in and to the Numbers and Listings upon such termination or expiration. The assignment will become immediately and automatically effective upon Telephone Company's receipt of
such notice from you or us. If the Telephone Company requires that you and/or we sign the Telephone Company's assignment forms or other documentation at the time of termination or expiration of the Franchise Agreement, our signature On such forms or documentation on your behalf will effectuate your consent and agreement to the assignment. At any time, you and we will perform such acts and sign and deliver such documents as may be necessary to assist in or accomplish the assignment described herein upon termination or expiration of the Franchise Agreement. The power of attorney conferred upon us pursuant to the provisions set forth in this Assignment is a power coupled with an interest and cannot be revoked, modified or altered without our consent.
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- Indemnification. You will indemnify and hold us and our affiliates, stockholders, directors, officers and representatives (collectively, the "Indemnified Parties") harmless from and against any and all losses, liabilities, claims, proceedings, demands, damages, judgments, injuries, attorneys' fees, costs and expenses that any of the Indemnified Parties incur as a result of any claim brought against any of the Indemnified Parties or any action which any of the Indemnified Parties are named as a party or which any of the Indemnified Parties may suffer, sustain or incur by reason of, or arising out of, your breach of any of the terms of any agreement or contract or the nonpayment of any debt you have with the Telephone Company.
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Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
Based on the 2025 Hydrodog Franchise Disclosure Document, the term 'Telephone Company' is not explicitly defined within the provided excerpts. However, the FDD does outline certain obligations and rights related to telephone numbers and listings associated with the Hydrodog business.
Upon termination or expiration of the franchise agreement, the franchisee is required to notify the telephone company and directory publishers about the termination of their right to use any telephone numbers or listings associated with the Hydrodog brand. The franchisee must also authorize the transfer of such numbers and directory listings to Hydrodog or instruct the telephone company to forward calls to numbers specified by Hydrodog. If the franchisee fails to do so, Hydrodog reserves the right to directly instruct the telephone company to effectuate the assignment of numbers and listings.
Furthermore, the franchisee agrees to indemnify Hydrodog against any losses or liabilities arising from claims related to debts with the Telephone Company. The Franchise Agreement or a separate assignment document can serve as proof of Hydrodog's rights to the numbers and listings upon termination. The agreement also stipulates that the assignment of telephone numbers and listings takes precedence over any conflicting agreements the franchisee may have with the Telephone Company.
Since the term 'Telephone Company' is not specifically defined, a prospective Hydrodog franchisee should seek clarification from the franchisor regarding the scope and interpretation of this term within the franchise agreement. Understanding which entities are included under this definition is crucial for complying with the obligations related to telephone services and potential liabilities.