Common use of Business Location Clause in Contracts

Business Location. A. Franchisee may operate the Franchised Business only at the location specified in Paragraph I hereof. If the lease for the site of the Franchised Business expires or terminates without fault of Franchisee, or if the site is destroyed, condemned or otherwise rendered unusable, as otherwise may be agreed upon in writing by Franchisor and Franchisee, Franchisor will grant permission for relocation of the Franchised Business at a location and site acceptable to Franchisor. Any such relocation shall be at Franchisee's sole expense and Franchisor shall have the right to charge Franchisee for any costs incurred by Franchisor, and a reasonable fee for its services, in connection with any such relocation of the Franchised Business. B. Franchisee will be responsible for purchasing or leasing a suitable site for the Franchised Business. Prior to the acquisition by lease or purchase of any site for the Franchised Premises, Franchisee shall submit a description of the proposed site to Franchisor, together with a letter of intent or other evidence satisfactory to Franchisor which confirms Franchisee's favorable prospects for obtaining the proposed site. Franchisor shall provide Franchisee written notice of approval or disapproval of the proposed site within thirty (30) days after receiving Franchisee's written proposal. C. After receiving Franchisor's written approval of the location of the Franchised Business as provided in Paragraph III.B. hereof, Franchisee shall execute a lease (if the premises are to be leased) or a binding agreement to purchase the site, the terms of which have been previously approved by Franchisor. Franchisor's approval of the lease shall be conditioned upon inclusion in the lease of terms acceptable to Franchisor and, at Franchisor's option, the lease shall contain such provisions as Franchisor may reasonably require, including, but not limited to: 1. A provision reserving to Franchisor the right, at Franchisor's election, to receive an assignment of the leasehold interest upon termination or expiration of the franchise grant; 2. A provision which expressly permits the lessor of the premises to provide Franchisor all sales and other information it may have related to the operation of the Franchised Business, as Franchisor may request; 3. A provision which requires the lessor concurrently to provide Franchisor with a copy of any written notice of deficiency under the lease sent to Franchisee and which grants to Franchisor, in its sole discretion and sole option, the right (but not the obligation) to cure any deficiency under the lease should Franchisee fail to do so within fifteen (15) days after the expiration of the period in which Franchisee may cure the default;

Business Location. A. Franchisee may operate the Franchised Business only at the location specified in Paragraph I I. hereof. If the lease for the site of the Franchised Business expires or terminates without fault of Franchisee, or if the site is destroyed, condemned or otherwise rendered unusable, or as otherwise may be agreed upon in writing by Franchisor and Franchisee, Franchisor will may, in its sole discretion, grant permission for relocation of the Franchised Business Premises within Franchisee's Designated Area at a location and site acceptable to Franchisor. Any such relocation shall be at Franchisee's sole expense and Franchisor shall have the right to charge Franchisee for any costs incurred by FranchisorFranchisor including, but not limited to, legal and accounting fees, plus a reasonable fee of TWO HUNDRED Dollars ($200.00) for its services, in connection with any providing such relocation of the Franchised Businessassistance ("Relocation Fee"). B. Franchisee will be solely responsible for purchasing or leasing a suitable site for the Franchised Business. If the franchise location is not designated above, Franchisor shall use reasonable efforts to help analyze Franchisee's market area, to help determine site feasibility, and to assist in the designation of the franchise location. While Franchisor shall utilize its experience and expertise in approval of a location, nothing contained herein shall be interpreted as a guarantee of success for said location nor shall any site recommendation or approval made by Franchisor be deemed a representation that any particular site is available for use as a Franchised Business. Prior to the acquisition by lease or purchase of any site for the Franchised Premises, Franchisee shall submit a description of the proposed site to Franchisor, together with a letter of intent or other evidence satisfactory to Franchisor which confirms Franchisee's favorable prospects for obtaining the proposed site. Franchisor shall provide Franchisee written notice of approval thereafter approve or disapproval of the disapprove such proposed site in the exercise of its sole discretion and so advise Franchisee in writing within thirty fifteen (3015) business days after receiving Franchisee's written proposal. C. After receiving Franchisor's written approval of the location of the Franchised Business Premises as provided in Paragraph III.B. hereof, Franchisee shall execute a submit the proposed lease (if the premises Premises are to be leased) or a binding agreement to purchase the site, the terms of which have been previously approved for approval by Franchisor. Franchisor's approval of the lease shall may be conditioned upon inclusion of terms in the lease of terms acceptable to Franchisor and, at Franchisor's option, the lease shall contain such provisions as Franchisor may reasonably require, require including, but not limited to: 1. A provision reserving to Franchisor the right, at Franchisor's election, to receive an assignment of the leasehold interest upon termination or expiration of the franchise grantthis Agreement; 2. A provision which expressly permits requires the lessor of the premises Premises to provide Franchisor all sales and other information it may have related to the operation of the Franchised Business, as Franchisor may request; 3. A provision which requires the lessor concurrently to provide Franchisor with a copy of any written notice of deficiency under the lease sent to Franchisee and which grants to Franchisor, in its sole discretion and sole optiondiscretion, the right (but not the obligation) to cure any deficiency under the lease should Franchisee fail to do so within fifteen (15) business days after the expiration of the period in which Franchisee may cure the defaultdefault should Franchisee fail to do so;

Business Location. A. Franchisee may You must operate the Franchised Business only at the location specified in Paragraph I hereofSection 1 above. If the lease for the site of the Franchised Business expires or terminates without fault of Franchiseeyou, or if the site is destroyed, condemned or otherwise rendered unusable, or as otherwise may be agreed upon in writing by Franchisor us and Franchiseeyou, Franchisor will we may, in our sole discretion, grant permission for relocation of the Franchised Business within the Protected Area at a location and site acceptable to Franchisorus. Any such relocation shall be at Franchisee's your sole expense and Franchisor we shall have the right to charge Franchisee you for any costs incurred by Franchisorus including, but not limited to, legal and a reasonable fee accounting fees for its services, in connection with any providing such relocation of the Franchised Businessassistance. B. Franchisee will You shall be solely responsible for purchasing or leasing a suitable site for the Franchised Business. If the franchise location is not designated above, we shall use reasonable efforts to help analyze your market area, and to assist in the designation of the franchise location. While we shall utilize our experience in approval of a location, nothing contained herein shall be interpreted as a representation, assurance or guarantee of success for said location nor shall any site recommendation or approval made by us be deemed a representation, assurance, or guarantee that any particular site is or will be successful for use as a Franchised Business. You shall have no claim of any kind (whether for negligence or other tort or otherwise) against us should the site of your Franchised Business for any reason be unsuitable. C. Prior to the acquisition by lease or purchase of any site for the Franchised Premises, Franchisee you shall submit a description and interior and exterior photographs of the proposed site to Franchisorus, together with a letter of intent or other evidence satisfactory to Franchisor us which confirms Franchisee's your favorable prospects for obtaining the proposed site. Franchisor We shall provide Franchisee written notice of approval approve or disapproval of the disapprove such proposed site in the exercise of our sole discretion, and so advise you in writing within thirty fifteen (3015) business days after receiving Franchisee's your written proposal. You shall not execute a lease or enter into a purchase agreement for a proposed site without receiving our approval of the site and the proposed lease or the purchase agreement. C. D. After receiving Franchisor's our written approval of the location of the Franchised Business as provided in Paragraph III.B. hereofPremises, Franchisee you shall execute a submit the proposed lease (if the premises Premises are to be leased) or a binding agreement to purchase the site, for our approval. All leases pertaining to the Premises shall contain an Addendum in form of Exhibit C attached to this Agreement or shall contain terms of which have been previously approved by Franchisorand conditions substantially the same as those contained in Exhibit C that we approve. Franchisor's approval A copy of the lease shall executed Addendum must also be conditioned upon inclusion in submitted to us. E. Promptly after obtaining possession of the lease site for the Franchised Business and within ninety (90) days of terms acceptable the date of this Agreement, you shall: (i) cause to Franchisor andbe prepared and submit for approval by us or our architect, at Franchisor's optionyour sole expense, a site survey and any modifications to our basic architectural plans and specifications (not for construction) for the lease shall contain such provisions as Franchisor may reasonably requireFranchised Business (including requirements for dimensions, includingexterior design, but not limited to: 1. A provision reserving to Franchisor materials, interior design and layout, equipment, fixtures, furniture, signs and decorating) required for the right, at Franchisor's election, to receive an assignment of the leasehold interest upon termination or expiration of the franchise grant; 2. A provision which expressly permits the lessor of the premises to provide Franchisor all sales and other information it may have related to the operation development of the Franchised BusinessBusiness at the site leased or purchased therefor, provided that you may modify our basic plans and specifications only to the extent required to comply with all applicable ordinances, building codes and permit requirements and with prior notification to and approval by us; (ii) obtain all required zoning changes, all required building, utility, sign permits, licenses and any other required permits and licenses; (iii) purchase or lease equipment, fixtures, furniture and signs as Franchisor may request; 3. A provision which requires provided herein; (iv) complete the lessor concurrently to provide Franchisor with a copy of any written notice of deficiency under the lease sent to Franchisee construction and/or remodeling, equipment, fixture, furniture and which grants to Franchisor, in its sole discretion sign installation and sole option, the right (but not the obligation) to cure any deficiency under the lease should Franchisee fail to do so within fifteen (15) days after the expiration decorating of the period Franchised Business in which Franchisee may cure full and strict compliance with plans and specifications approved by us and all applicable ordinances, building codes and permit requirements; (v) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating and installation services, unless we waive this requirement; and (vi) otherwise complete development of and have the default;Franchised Business ready to open and commence the conduct of your business. F. You shall be required to periodically make reasonable capital expenditures to remodel, modernize and redecorate the Premises so that the Franchised Business will reflect the then-current image intended to be portrayed by the CHANGE OF MIND LEARNING SYSTEMS business. All remodeling, modernization or redecoration of the Premises must be done in accordance with the standards and specifications as prescribed by us from time to time and with our prior written approval. All replacements must conform to our then-current quality standards and specifications and must be approved by us in writing. We recommend, but currently do not require, that you set aside funds to be used for remodeling and updating the Franchised Business.