Developer May Exceed Minimum Development Obligation Clause Samples

Developer May Exceed Minimum Development Obligation. 5 2.4 Servicing of Excluded Venues by Developer. . . . . . . . . .6 2.5

Developer May Exceed Minimum Development Obligation. 2.3.1 Provided that Company is satisfied, in its sole subjective judgment, that Developer has the requisite skills, financial resources, management structure, personnel and other capabilities to do so, and subject to the terms and conditions of this Agreement and the Franchise Agreements, Developer may during the Term construct, equip, open and operate more “▇▇▇▇▇▇▇▇ Coffee” Coffeehouses at Venues within the Development Area than required in the Minimum Development Obligation. Only with Company’s prior written consent in each instance, Developer may open Coffeehouses at Non-Exclusive Venues in the Development Area, but such “▇▇▇▇▇▇▇▇ Coffee” Coffeehouses shall not count toward the Developer’s Minimum Development Obligation. Further, Developer shall not contact or solicit any owner, lessee or operator of a Non-Exclusive Venue about the possibility of opening a “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse without first having obtained Company’s prior written consent to do so. 2.3.2 Although Company reserves the right to assess Developer’s capabilities to exceed the Minimum Development Obligation, nothing in this Section 2.3 is intended to limit or restrict Developer’s right or ability, subject to the terms of this Agreement, to construct, equip, open and operate the number of “▇▇▇▇▇▇▇▇ Coffee” Coffeehouses within the Development Area required by the Minimum Development Obligation.