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80 GST LAW TIMES [ Vol. 38
Nothing contained in this Agreement shall confer upon the Licensee
any right or interest in Trade Marks, Trade Names, Designs and
Copyrights which may get registered by the Licensor or presently
being used by it in respect of any other item other than conduct of
the Professional Learning Center such as printed matter, books,
publications, magazines, periodicals, computers and parts thereof,
software of all kinds, audio and video cassettes etc.
The Goodwill of the Licensor in relation to matters other than Pro-
fessional Learning activity shall not be affected in any manner by
this Agreement which is only in relation to Professional Learning.
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4.3 Courses to be marked
The Licensee will only market and sell such CAREER LAUNCHER
INDIA LTD. Courses as are covered by this Agreement and no oth-
er CAREER LAUNCHER INDIA LTD. Course or other Course of
any kind. The CAREER LAUNCHER INDIA LTD. courses to be
marketed by the Licensee covered by this Agreement are specified
in Annexure I. Any change in Course Names, Fees, or Fee Policy
will be decided by the Licensor and implemented across the Coun-
try in respect of all Licensee.
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4.6 Collection of Fees on behalf of the Licensor
The Licensee will receive and collect all fees including Tuition Fees,
advances and deposits except the Prospectus Fee on behalf of the
Licensor and shall deposit such collections whether by Cash, Draft,
Cheque or any other means into the Licensor’s Bank Account speci-
fied by the Licensor. The Licensee shall deposit collections received
on a particular day directly into the Licensor’s Bank Account on
that very day itself. Collections made after closure of banking hours
on the said day will be deposited at commencement of banking
hours the following bank working day. The Licensee shall issue re-
ceipts on behalf of the Licensor in respect of monies received under
this Agreement. All such payments shall be ‘due to’ and payable to
the Licensor and not to the Licensee.
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5.6 Recurring Franchise Fees
The licensee shall be paying recurring franchise fees to the Licensor
@ 25% of the Net Revenue (net of taxes, applicable now or at any
time in future) earned from the operations.”
8.2 No Agency
1. The parties hereto agree that the Licensee is an independent
contractor, nothing herein contained shall constitute the Li-
censee an agent, legal representative, partner, subsidiary, joint
venturer or employee of the Licensor. The Licensee shall have
no right or power to, and shall not bind or obligate the Licen-
sor in any way, manner or thing whatsoever, nor represent
that he has any right to do so.
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