Common use of Restaurant Relocation Clause in Contracts

Restaurant Relocation. (a) If the lease for the Restaurant expires or is terminated before the end of the franchise's term, Franchisee may move the Restaurant to another location chosen in accordance with the site selection procedure. The new location (i) must be in the original Restaurant's general trade area (as determined by Company in its sole judgment), and (ii) may in no case infringe another Restaurant's protected Trade Area. When Company approves the location for the new Restaurant, Company will prepare a new Exhibit A to this Agreement that describes the new Restaurant’s Trade Area. The new Exhibit A will replace the Exhibit A attached to this Agreement for all purposes of this Agreement, including that of identifying the area in which Franchisee will enjoy competitive protection pursuant to Section 4. (b) If Franchisee loses possession of the original Restaurant's premises because the lease expired by its terms, or on account of condemnation or eminent domain proceedings, or as the result of a default termination, Franchisee must initiate the relocation procedure in time to lease, build-cut and open the new Restaurant for business within 60 days after the original Restaurant closes. If Franchisee's lease is terminated on account of a fire or other casualty, Franchisee must initiate the relocation within 90 days after the original Restaurant closes.