Common use of Site Acquisition Clause in Contracts

Site Acquisition. A. Within thirty (30) days after execution of this Franchise Agreement, Franchisee shall submit, in writing to Franchisor, satisfactory proof to Franchisor that Franchisee: (i) owns the site at which the Franchised Cafe is to be developed and operated (the "Franchised Location"); (ii) has leased the Franchised Location for a term which, with renewal options, is not less than the initial term of the Franchise Agreement; or (iii) has entered into a written agreement to purchase or to lease the Franchised Location on terms provided herein, subject only to obtaining necessary governmental permits. The proof required by this Section includes, but is not limited to, submission of executed copies of all leases and deeds, as well as all governmental approvals if effectiveness of the leases or deeds is conditioned thereon. B. If Franchisee proposes to lease or sublease the Franchised Location, Franchisee shall provide Franchisor with a copy of the fully-executed lease for the Franchised Location within 30 days after execution of this Franchise Agreement, but, in any event, prior to the commencement of construction at the Franchised Location. The lease or sublease shall not contain any covenants, use clauses or other obligations that would prevent Franchisee from performing its obligations under this Franchise Agreement. Any lease, sublease, letter of intent or lease memorandum for the Franchised Location shall contain provisions that satisfy the following requirements during the entire term of the lease, including any renewal terms: 1. The landlord consents to Franchisee's use of the proprietary signs, distinctive designs and layouts of the SBC System, the Proprietary Marks, and upon expiration or the earlier termination of the lease, consents to permit Franchisee, at Franchisee's expense, to remove all such items and other trade fixtures, so long as Franchisee makes repairs to the building caused by such removal. 2. The landlord agrees to provide Franchisor (at the same time sent to Franchisee) a copy of all amendments and assignments and notices of defau lt pertaining to the lease and the leased premises.

Site Acquisition. A. Within thirty ninety (3090) days after execution notice of this Franchise AgreementFranchisor's acceptance of a proposed site, Franchisee Developer shall submit, in writing to Franchisor, satisfactory proof to Franchisor that FranchiseeDeveloper: (i) owns the site at which the Franchised Cafe is to be developed and operated (the "Franchised Location");accepted site; or (ii) has leased the Franchised Location accepted site for a term which, with renewal options, is not less than the initial term of the Franchise Agreement; or (iii) has entered into a written agreement to purchase or to lease the Franchised Location accepted site on terms provided herein, subject only to obtaining necessary governmental permits. The proof required by this Section includes, but is not limited to, submission of executed copies of all leases and deeds, as well as all governmental approvals if effectiveness of the leases or deeds is conditioned thereon. B. If Franchisee Developer proposes to lease or sublease the Franchised Locationaccepted site, Franchisee Developer shall provide Franchisor with a copy of the fully-executed lease for the Franchised Location accepted site within 30 90 days after execution Franchisor's acceptance of this Franchise Agreementthe proposed site, but, in any event, prior to the commencement of construction at the Franchised Locationsite. The lease or sublease shall not contain any covenants, use clauses or other obligations that would prevent Franchisee Developer from performing its obligations under this the Franchise Agreement. Any lease, sublease, letter of intent or lease memorandum for the Franchised Location shall contain provisions that satisfy the following requirements during the entire term of the lease, including any renewal terms: 1. The landlord consents to FranchiseeDeveloper's use of the proprietary signs, distinctive designs and layouts of the SBC System, the Proprietary Marks, and upon expiration or the earlier termination of the lease, consents to permit FranchiseeDeveloper, at FranchiseeDeveloper's expense, to remove all such items and other trade fixtures, so long as Franchisee Developer makes repairs to the building caused by such removal. 2. The landlord agrees to provide Franchisor (at the same time sent to FranchiseeDeveloper) a copy of all amendments and assignments and notices of defau lt default pertaining to the lease and the leased premises. 3. Franchisor shall have the right to enter the leased premises to make any modifications or alterations, at its own cost, necessary to protect the Proprietary Marks and the SBC System and to cure, within the time periods provided by the lease, any default under the lease, all without being guilty of trespass or other tort, and to charge Developer for these costs. 4. The landlord agrees that Developer shall be solely responsible for all obligations, debts and payments under the lease. 5. The landlord agrees that, following the expiration or earlier termination of the Franchise Agreement, Developer shall have the right to make those alterations and modifications to the premises as may be necessary to clearly distinguish to the public the premises from an SBC Franchised Unit and also make those specific additional changes as Franchisor reasonably may request for that purpose. The landlord also agrees that, if Developer fails to promptly make these alterations and modifications, Franchisor shall have the right to do so without being guilty of trespass or other tort so long as Franchisor makes repairs to the building caused by such removal. 6. The landlord agrees not to amend or otherwise modify the lease in any manner that would affect any of the foregoing requirements without the prior written consent of Franchisor, which consent shall not be unreasonably withheld. 7. Developer may assign the lease to Franchisor or its designee with landlord's consent (which consent shall not be unreasonably withheld) and without payment of any assignment fee or similar charge or increase in any rentals payable to the landlord.