CATERING SERVICE. DEVELOPER acknowledges and agrees that: (1) DEVELOPER is not granted, and COMPANY has no obligation to offer to DEVELOPER, any rights within or outside the Development Area or the Sub-Areas to offer Catering Service from any of the DEVELOPER Stores or otherwise pursuant to this Agreement; and (2) the right to provide Catering Service is specifically reserved to COMPANY or its designees. If COMPANY, at any time and in its sole discretion, determines to offer Catering Service in a designated Catering Area in which a DEVELOPER Store is located, COMPANY will offer DEVELOPER the right to offer Catering Service by delivering to DEVELOPER a form of Catering Rider to this Agreement (or to the applicable Franchise Agreement or License Agreement). DEVELOPER will have fifteen (15) days after its receipt thereof to execute and deliver to COMPANY such executed Catering Rider. A Catering Facility will not be counted as a separate DEVELOPER Store for purposes of the Sub-Area Quotas or the Total Development Quota set forth in the Development Schedule. If DEVELOPER fails to execute and deliver to COMPANY such executed Catering Rider within such fifteen (15) day period or commence Catering Service within the specified period, then DEVELOPER shall have no right to provide Catering Service within the designated Catering Area thereafter. If COMPANY determines in its sole discretion that all franchise owners and license owners of Stores in the trade area where a DEVELOPER Store is located, as such trade area is determined by COMPANY in its sole discretion and which in no event shall exceed the Marketing Area (as defined in the License Agreement), shall offer Catering Service, COMPANY will notify DEVELOPER and will deliver to DEVELOPER a Catering Rider to this Agreement (or to the applicable Franchise Agreement or License Agreement) which DEVELOPER shall execute and return to COMPANY within fifteen (15) days after its receipt. COMPANY reserves the right under the Catering Rider, at any time and in its sole discretion, with or without cause and regardless of the investment made by DEVELOPER in establishing and conducting Catering Service or the length of time DEVELOPER has offered Catering Service: (1) to reduce, modify or expand the Catering Area, effective upon COMPANY's written notice to DEVELOPER, provided, however, that if a reduction or modification of the Catering Area amounts to a termination of substantially all of DEVELOPER's rights to provide such services (except in the case of the exercise by COMPANY of its remedies under Section 15.C of this Agreement), such reduction or modification shall not be effective until 90 days after COMPANY's written notice to DEVELOPER; or (2) to suspend or terminate DEVELOPER's right to offer Catering Service, effective ninety (90) days after COMPANY's written notice to DEVELOPER (in which case, DEVELOPER will not fill any orders for Catering Service after the expiration of such ninety (90) day period); and COMPANY may otherwise terminate DEVELOPER's right to offer Catering Service pursuant to the terms of the Catering Rider. In the event that COMPANY terminates or suspends DEVELOPER's right to offer Catering Service, COMPANY reserves the right to require DEVELOPER to reinstate Catering Service upon fifteen (15) days' prior written notice to DEVELOPER.
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CATERING SERVICE. DEVELOPER LICENSE OWNER acknowledges and agrees that: (1) DEVELOPER LICENSE OWNER is not granted, and COMPANY has no obligation to offer to DEVELOPERLICENSE OWNER, any rights within or outside the Development Area or the Sub-Areas Territory to offer Catering Service from any of the DEVELOPER Stores Store or otherwise pursuant to this Agreement; and (2) the right to provide Catering Service is specifically reserved to COMPANY or its designees. If COMPANY, at any time and in its sole discretion, determines to offer Catering Service in a designated Catering Area in which a DEVELOPER the Store is located, COMPANY will offer LICENSE OWNER, or to DEVELOPER pursuant to the Development Agreement the right to offer Catering Service by delivering to DEVELOPER LICENSE OWNER (or DEVELOPER) a form of Catering Rider to this Agreement (or to the applicable Franchise Agreement or License Development Agreement). DEVELOPER LICENSE OWNER (or DEVELOPER) will have fifteen (15) days after its (or DEVELOPER's) receipt thereof to execute and deliver to COMPANY such the executed Catering Rider. A Catering Facility will not be counted as a separate DEVELOPER Store for purposes of the Sub-Area Quotas If LICENSE OWNER (or the Total Development Quota set forth in the Development Schedule. If DEVELOPER DEVELOPER) fails to execute and deliver to COMPANY such executed Catering Rider to COMPANY within such fifteen (15) day period or commence Catering Service within the specified period, then DEVELOPER LICENSE OWNER (or DEVELOPER) shall have no right to provide Catering Service within the designated Catering Area thereafter. If COMPANY determines in its sole discretion that all franchise owners and license owners of Stores UNITS in the trade area where a DEVELOPER Store is located, located (as such trade area is determined by COMPANY in its sole discretion and which in no event shall exceed the Marketing Area (as defined in the License AgreementArea), shall offer Catering Service, COMPANY will notify DEVELOPER LICENSE OWNER (or DEVELOPER) and will deliver to DEVELOPER LICENSE OWNER (or DEVELOPER) a Catering Rider to this Agreement (or to the applicable Franchise Agreement or License Development Agreement) which DEVELOPER LICENSE OWNER (or DEVELOPER) shall execute and return to COMPANY within fifteen (15) days after its receipt. COMPANY reserves the right under the Catering Rider, at any time and in its sole discretion, with or without cause and regardless of the investment made by DEVELOPER LICENSE OWNER (or DEVELOPER) in establishing and conducting Catering Service or the length of time DEVELOPER LICENSE OWNER (or DEVELOPER) has offered Catering Service: (1) to reduce, modify or expand the Catering Area, effective upon COMPANY's written notice to DEVELOPERLICENSE OWNER, provided, however, that if a reduction or modification of the Catering Area amounts to a termination of substantially all of DEVELOPERLICENSE OWNER's rights to provide such services (except in the case of the exercise by COMPANY of its remedies under Section 15.C 18.C of this Agreement), such reduction or modification shall not be effective until 90 days after COMPANY's written notice to DEVELOPERLICENSE OWNER; or (2) to suspend or terminate LICENSE OWNER's (or DEVELOPER's 's) right to offer Catering Service, effective ninety (90) days after COMPANY's written notice to DEVELOPER LICENSE OWNER (or DEVELOPER) (in which case, DEVELOPER case LICENSE OWNER (or DEVELOPER) will not fill any orders for Catering Service after the expiration of such ninety (90) day period); and COMPANY may otherwise terminate LICENSE OWNER's (or DEVELOPER's 's) right to offer Catering Service pursuant to the terms of the Catering Rider. In the event that COMPANY terminates or suspends LICENSE OWNER's (or DEVELOPER's 's) right to offer Catering Service, COMPANY reserves the right to require DEVELOPER LICENSE OWNER (or DEVELOPER) to reinstate Catering Service upon fifteen (15) days' prior written notice to LICENSE OWNER (or DEVELOPER).
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