Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 92 of 123 PageID: 4275 of Material or of Material mean letters and/or “Notice Breach” “Notices Breach” notices sent to Plaintiffs regarding alleged deficiencies. Plaintiff’s or mean Letter(s) of Notification sent to Plaintiffs. “LON” “LONs” or mean financial summaries identified by the “Form 48A” “Form 48As” description “RODID: 48A.” or mean any written agreement in which “Lease Agreement” “Lease Agreements” the owner of certain property allowed 7-Eleven to use said property for the purpose of operating one of Stores, individually and/or collectively. Plaintiffs’ means the entire file of documents (Electronic Data and/or hard “Permanent File” copy) kept by 7-Eleven with relation to Plaintiffs. means Initial Disclosures, dated February 28, “Initial Disclosures” Defendant’s 2014, which were served upon Plaintiffs. means the heating, ventilation and air conditioning unit and “HVAC Equipment” related equipment, duct work, filters and refrigerant gas for the air conditioning unit, but does not include water heaters, equipment and refrigerant gases for refrigerated vaults and cases, and other equipment used in connection with the sale of inventory from the Stores, Plaintiffs’ individually and/or collectively. or are those Bona Fide “Recommended Vendor” “Recommended Vendors” Suppliers described in Paragraph 15(h) of the Store Franchise Agreement and which are listed on the 7-Eleven Intranet. Fide or Fide means persons or entities regularly “Bona Supplier” “Bon Suppliers” conducting the business of supplying or distributing merchandise, supplies or services to retail businesses and performing all of the functions normally associated with such activities.
Case 1:13-cv-04578-RMB-JS Document 212 Filed 01/29/15 Page 92 of 123 PageID: 4275 “Notice of Material Breach” or “Notices of Material Breach” mean letters and/or notices sent to Plaintiffs regarding Plaintiff’s alleged deficiencies. “LON” or “LONs” mean Letter(s) of Notification sent to Plaintiffs. “Form 48A” or “Form 48As” mean financial summaries identified by the description “RODID: 48A.” “Lease Agreement” or “Lease Agreements” mean any written agreement in which the owner of certain property allowed 7-Eleven to use said property for the purpose of operating one of Plaintiffs’ Stores, individually and/or collectively. “Permanent File” means the entire file of documents (Electronic Data and/or hard copy) kept by 7-Eleven with relation to Plaintiffs. “Initial Disclosures” means Defendant’s Initial Disclosures, dated February 28, 2014, which were served upon Plaintiffs. “HVAC Equipment” means the heating, ventilation and air conditioning unit and related equipment, duct work, filters and refrigerant gas for the air conditioning unit, but does not include water heaters, equipment and refrigerant gases for refrigerated vaults and cases, and other equipment used in connection with the sale of inventory from the Plaintiffs’ Stores, individually and/or collectively. “Recommended Vendor” or “Recommended Vendors” are those Bona Fide Suppliers described in Paragraph 15(h) of the Store Franchise Agreement and which are listed on the 7-Eleven Intranet. “Bona Fide Supplier” or “Bon Fide Suppliers” means persons or entities regularly conducting the business of supplying or distributing merchandise, supplies or services to retail businesses and performing all of the functions normally associated with such activities.
212-Letter-of-Gerald-A-Marks-in-Response-to-Letter-Seeking-Stay-1-1-29-15.docx