Common use of Facility Development Clause in Contracts

Facility Development. Unless the FACILITY already is open and operating, you are responsible for developing the FACILITY. We will give you mandatory and suggested specifications and layouts for a Cookie System Facility, including requirements for dimensions, design, image, interior layout, decor, fixtures, equipment, signs, furnishings and color scheme. You must prepare all required construction plans and specifications to suit the shape and dimensions of the Premises and insure that these plans and specifications comply with applicable ordinances, building codes, permit requirements and Lease requirements and restrictions. You must submit construction plans and specifications to us for approval before you begin constructing the FACILITY and all revised or "as built" plans and specifications during the course of construction. Our review is limited to ensuring that you comply with our design requirements. You agree to employ licensed architects and general contractors whom we approve to prepare required plans, drawings and construction specifications and to develop the FACILITY. We may inspect the Premises periodically during the FACILITY's development. You agree, at your own expense, to do the following to develop the FACILITY at the Premises: (1) secure all financing required to develop and operate the FACILITY and have acceptable payment and performance bonds issued jointly to you and us as we periodically require; (2) obtain all building, utility, sign, health, sanitation, business and other permits and licenses required to construct and operate the FACILITY; (3) give us copies of any documents that we require from time to time; (4) construct all required improvements to the Premises and decorate the FACILITY under plans and specifications we have approved; (5) purchase or lease and install all required fixtures, furniture, equipment, furnishings and signs ("Operating Assets") required for the FACILITY; and (6) purchase an opening inventory of authorized and approved products, materials and supplies ("Supplies"). You agree diligently to pursue the FACILITY's construction. If you stop constructing the FACILITY for more than seven (7) consecutive or non-consecutive days without our prior written approval, or if the FACILITY otherwise is not completed, fully equipped and operational and open for regular business on or before the date we or the landlord of the Premises specifies, whichever is earlier, we may enter the Premises and take any action that we deem necessary or appropriate to ensure that the FACILITY is constructed, equipped and/or opened without further delay. You must reimburse us for the costs and expenses we incur in completing the FACILITY's development. If you interfere with our efforts to complete the FACILITY's development, we may terminate this Agreement.

Facility Development. Unless the FACILITY already is open and operating, you You are responsible for developing each Location for the FACILITY. We will give you mandatory and suggested specifications and layouts for a Cookie System FacilityLocations, including requirements for dimensions, design, image, interior layout, decor, fixtures, equipment, signs, furnishings furnishings, and color scheme. These plans might not reflect the requirements of any federal, state, or local law, code, or regulation, including those arising under the Americans with Disabilities Act (the “ADA”) or similar rules governing public accommodations for persons with disabilities. You must prepare are responsible for preparing a site survey and all required construction plans and specifications to suit the shape Location and dimensions of the Premises and insure making sure that these plans and specifications comply with our requirements, the ADA and similar rules, other applicable ordinances, building codes, permit requirements requirements, and Lease requirements and restrictions. You must submit (and not we) are responsible for the performance of the architects, contractors, and subcontractors you hire to develop and maintain each Location for the FACILITY and for ensuring that sufficient insurance coverage is in place during the construction process. You agree to send us construction plans and specifications to us for approval review before you begin constructing the FACILITY each Location and all revised or "“as built" ” plans and specifications during the course of construction. Our designated architect will review your architect’s proposed plans and specifications to ensure they are acceptable. You must pay our architect for that review. Because our review is limited to ensuring that you comply your compliance with our design and layout requirements. You agree to employ licensed architects , our review might not assess compliance with federal, state, or local laws and general contractors whom we approve to prepare required plansregulations, drawings and construction specifications and to develop including the FACILITYADA. We may inspect the Premises periodically each Location during the FACILITY's developmentdevelopment process. You agreemust do the following, at your own expense, to do the following to develop and commence operation of the FACILITY at the Premiseseach Location: (1) secure all financing required to develop and operate the FACILITY and have acceptable payment and performance bonds issued jointly to you and us as we periodically requireFACILITY; (2) obtain all required building, utility, sign, health, sanitation, business business, and other permits and licenses required to construct and operate the FACILITYlicenses; (3) give us copies of any documents that we require from time to time; (4) construct all required improvements to the Premises Location and decorate the FACILITY under Location according to approved plans and specifications we have approvedspecifications; (4) obtain all customary contractors’ sworn statements and partial and final waivers of lien for construction, remodeling, decorating, and installation services; (5) purchase or lease lease, and install install, all required fixtures, furniture, equipmentfurnishings, furnishings signs, and signs equipment ("including music systems, required computer, point-of-sale, and other electronic information systems, and all equipment components and software necessary for you to accept and process KIDVILLE® membership cards and participate in our other customer loyalty, affinity, and similar programs) (collectively, “Operating Assets") required for the FACILITY”); and (6) purchase an opening inventory of authorized required, authorized, and approved Products from us, our affiliates, or other designated sources and other products, materials materials, and supplies ("Supplies"). You agree diligently to pursue the FACILITY's construction. If you stop constructing the FACILITY for more than seven (7) consecutive or non-consecutive days without our prior written approval, or if the FACILITY otherwise is not completed, fully equipped from approved and operational and open for regular business on or before the date we or the landlord of the Premises specifies, whichever is earlier, we may enter the Premises and take any action that we deem necessary or appropriate to ensure that the FACILITY is constructed, equipped and/or opened without further delay. You must reimburse us for the costs and expenses we incur in completing the FACILITY's development. If you interfere with our efforts to complete the FACILITY's development, we may terminate this Agreementdesignated sources.