Design Approval. (a) If Franchisee elects or is required by this Agreement (including, pursuant to Section 10) to perform construction work or significant renovations or refurbishment of the Restaurant affecting the design, character, or appearance of the Restaurant, Franchisee will obtain the prior approval of Franchisor that any such construction work or significant renovations or refurbishment complies with the Standards and the requirements set forth in Section 5. Prior to commencing such construction, renovation, or refurbishment, Franchisee will engage a qualified designer and other qualified consultants and cause them to prepare and submit to Franchisor for its review and approval for compliance with the Standards, complete design drawings and specifications based on the Standards. If such drawings and specifications are not approved by Franchisor, Franchisor will provide recommendations to Franchisee related to the Standards that Franchisee must incorporate into such designs and drawings. Once approved, no changes will be made to any design, drawings, and specifications previously approved by Franchisor without Franchisee re-submitting such changes to Franchisor for its review and approval. Each party will act promptly in the preparation, submission, approval, and revision of all of said design drawings and specifications. (b) Franchisee agrees that Franchisee, and not Franchisor or its Affiliates, is responsible for: (i) ensuring that any design, working drawings, specifications, construction, renovation, or refurbishment complies with any Applicable Law, including any requirements relating to disabled persons; (ii) any errors or omissions; or (iii) discrepancies (of any nature) in any drawings or specifications. Franchisor’s review and approval under this Section 5.3 is limited solely to confirming Franchisee’s compliance with the Standards. Except for Franchisee’s own uses related to its construction or operation of the Restaurant, Franchisee must not reproduce, use or permit the use of any of the design concepts, drawings, or Standards without the prior approval of Franchisor.
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Samples: Franchise Agreement, Franchise Agreement, Franchise Agreement
Design Approval. (a) A. If Franchisee elects or is required by this Agreement (including, pursuant to under Section 1011.1) to perform construction work or significant renovations or refurbishment of the Restaurant Hotel affecting the design, character, or appearance of the RestaurantHotel, Franchisee will obtain the prior approval of Franchisor that any such construction work or significant renovations or refurbishment complies with the Standards and the requirements set forth in this Section 56. Prior to Before commencing such construction, renovation, renovation or refurbishment, Franchisee will engage a qualified designer registered architect, interior designer, and other qualified consultants and cause them to: (i) adapt the Design Criteria to the Approved Location and to Applicable Law, including the Americans with Disabilities Act and/or other similar state laws, codes, and/or regulations governing public accommodations for persons with disabilities, (ii) prepare complete construction documents, including a site plan and architectural, mechanical, electrical, civil engineering, landscaping and interior design drawings and specifications, and material samples, in each case, based on the Design Criteria (collectively, the “Renovation Drawings”), and (iii) submit the Renovation Drawings to Franchisor to review for compliance with the Design Criteria at least sixty (60) days prior to commencing such construction, renovation or refurbishment. Franchisee will not deviate from the Design Criteria in the Renovation Drawings; provided if, due to unique circumstances disclosed to Franchisor prior to the date the Renovation Drawings are submitted to Franchisor, it is necessary to deviate from the Design Criteria, all deviations from the Design Criteria, including those that are necessary to adapt the Design Criteria to the Approved Location, must be clearly designated in a separate document and submitted to Franchisor along with the Renovation Drawings. Based on the complexity of the design or the Renovation Drawings, or the amount or type of services requested or needed Franchisor may charge Franchisee an amount equal to One Hundred Thirty Dollars ($130) per person per hour for the additional time spent reviewing the Renovation Drawings and inspecting the Hotel, in addition to Travel Expenses of personnel that inspect the Hotel.
B. If requested by Franchisor, Franchisee will provide to Franchisor the name, address, and relevant work experience on similar projects for any architect, engineer, design firm or general contractor that Franchisee wishes to retain, and Franchisor will have thirty (30) days after receipt of such information to notify Franchisee of its election to consent or withhold its consent. Franchisor’s election to consent or withhold its consent will be based on prior experiences of Franchisor and its Affiliates with such Person, such Person’s general business reputation, and such Person’s relevant work experience on similar projects. If Franchisor does not respond to Franchisee within thirty (30) days after Franchisor’s receipt of such information, then Franchisee may retain such Person. Neither Franchisor’s failure to respond within the required time period nor Franchisor’s consent to Franchisee’s use of such Person will be deemed an endorsement or recommendation by Franchisor of any such Person. Franchisee acknowledges and agrees that Franchisor is not liable for the unsatisfactory performance of any Person retained by Franchisee.
C. Franchisor will promptly review the Renovation Drawings for compliance with the Design Criteria. If Franchisor determines that the Renovation Drawings do not comply with the Design Criteria, Franchisor will provide recommended changes to Franchisee that Franchisee will incorporate into the Renovation Drawings and resubmit to Franchisor for its review and approval for compliance with the Standards, complete design drawings and specifications based on the Standards. If such drawings and specifications are not approved by Franchisor, Franchisor will provide recommendations to Franchisee related to the Standards that Franchisee must incorporate into such designs and drawings. Once approved, no changes will be made to any design, drawings, and specifications previously approved by Franchisor without Franchisee re-submitting such changes to Franchisor for its review and approvalreview. Each party will act promptly speedily and in good faith in the preparation, submission, approval, review and revision of all the Renovation Drawings. Franchisee will not begin the construction, renovation or refurbishment until Franchisor notifies Franchisee that the Renovation Drawings comply with the Design Criteria. As soon as reasonably possible after Franchisor notifies Franchisee that the Renovation Drawings comply with the Design Criteria, Franchisee will submit to Franchisor two (2) sets of said design drawings and specificationsthe final Renovation Drawings.
(b) D. Once finalized, the Renovation Drawings will not be changed, including changes required by governmental authorities, without the prior written consent of Franchisor.
E. Franchisee agrees that Franchisee, and not Franchisor or its Affiliates, is responsible for: (i) ensuring that any design, working drawingsconstruction documents, specifications, and any construction, renovation, or refurbishment complies with any Applicable Law, including any requirements relating to disabled persons; (ii) any errors or omissions; or (iii) discrepancies (of any nature) in any drawings or specifications. Franchisee further acknowledges and agrees that: (a) Franchisor’s review and approval under this Section 5.3 of the Renovation Drawings is limited solely to confirming Franchisee’s compliance determining whether the Renovation Drawings comply with the StandardsDesign Criteria; and (b) Franchisor will have no liability or obligation with respect to renovation, upgrading or furnishing of the Hotel. Except for Franchisee’s own uses related to its construction or operation of the RestaurantHotel, Franchisee must will not reproduce, use or permit the use of any of the design concepts, drawings, or Standards without the prior approval of FranchisorStandards.
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Samples: Franchise Agreement (American Realty Capital Hospitality Trust, Inc.), Franchise Agreement (American Realty Capital Hospitality Trust, Inc.)
Design Approval. (a) A. If Franchisee elects or is required by this Agreement (including, pursuant to under Section 1011.1) to perform construction work or significant renovations or refurbishment of the Restaurant Hotel affecting the design, character, or appearance of the RestaurantHotel, Franchisee will obtain the prior approval of Franchisor that any such construction work or significant renovations or refurbishment complies with the Standards and the requirements set forth in this Section 56. Prior to Before commencing such construction, renovation, renovation or refurbishment, Franchisee will engage a qualified designer registered architect, interior designer, and other qualified consultants and cause them to: (i) adapt the Design Criteria to the Approved Location and to Applicable Law, including the Americans with Disabilities Act and/or other similar state laws, codes, and/or regulations governing public accommodations for persons with disabilities, (ii) prepare complete construction documents, including a site plan and architectural, mechanical, electrical, civil engineering, landscaping and interior design drawings and specifications, and material samples, in each case, based on the Design Criteria (collectively, the “Renovation Drawings”), and (iii) submit the Renovation Drawings to Franchisor to review for compliance with the Design Criteria at least sixty (60) days prior to commencing such construction, renovation or refurbishment. Franchisee will not deviate from the Design Criteria in the Renovation Drawings; provided if, due to unique circumstances disclosed to Franchisor prior to the date the Renovation Drawings are submitted to Franchisor, it is necessary to deviate from the Design Criteria, all deviations from the Design Criteria, including those that are necessary to adapt the Design Criteria to the Approved Location, must be clearly designated in a separate document and submitted to Franchisor along with the Renovation Drawings. Based on the complexity of the design or the Renovation Drawings, or the amount or type of services requested or needed Franchisor may charge Franchisee an amount equal to One Hundred Thirty Dollars ($130) per hour for the additional time spent reviewing the Renovation Drawings and inspecting the Hotel, in addition to Travel Expenses of personnel that inspect the Hotel.
B. If requested by Franchisor, Franchisee will provide to Franchisor the name, address, and relevant work experience on similar projects for any architect, engineer, design firm or general contractor that Franchisee wishes to retain, and Franchisor will have thirty (30) days after receipt of such information to notify Franchisee of its election to consent or withhold its consent. Franchisor’s election to consent or withhold its consent will be based on prior experiences of Franchisor and its Affiliates with such Person, such Person’s general business reputation, and such Person’s relevant work experience on similar projects. If Franchisor does not respond to Franchisee within thirty (30) days after Franchisor’s receipt of such information, then Franchisee may retain such Person. Neither Franchisor’s failure to respond within the required time period nor Franchisor’s consent to Franchisee’s use of such Person will be deemed an endorsement or recommendation by Franchisor of any such Person. Franchisee acknowledges and agrees that Franchisor is not liable for the unsatisfactory performance of any Person retained by Franchisee.
C. Franchisor will promptly review the Renovation Drawings for compliance with the Design Criteria. If Franchisor determines that the Renovation Drawings do not comply with the Design Criteria, Franchisor will provide recommended changes to Franchisee that Franchisee will incorporate into the Renovation Drawings and resubmit to Franchisor for its review and approval for compliance with the Standards, complete design drawings and specifications based on the Standards. If such drawings and specifications are not approved by Franchisor, Franchisor will provide recommendations to Franchisee related to the Standards that Franchisee must incorporate into such designs and drawings. Once approved, no changes will be made to any design, drawings, and specifications previously approved by Franchisor without Franchisee re-submitting such changes to Franchisor for its review and approvalreview. Each party will act promptly speedily and in good faith in the preparation, submission, approval, review and revision of all the Renovation Drawings. Franchisee will not begin the construction, renovation or refurbishment until Franchisor notifies Franchisee that the Renovation Drawings comply with the Design Criteria. As soon as reasonably possible after Franchisor notifies Franchisee that the Renovation Drawings comply with the Design Criteria, Franchisee will submit to Franchisor two (2) sets of said design drawings and specificationsthe final Renovation Drawings.
(b) D. Once finalized, the Renovation Drawings will not be changed, including changes required by governmental authorities, without the prior written consent of Franchisor.
E. Franchisee agrees that Franchisee, and not Franchisor or its Affiliates, is responsible for: (i) ensuring that any design, working drawingsconstruction documents, specifications, and any construction, renovation, or refurbishment complies with any Applicable Law, including any requirements relating to disabled persons; (ii) any errors or omissions; or (iii) discrepancies (of any nature) in any drawings or specifications. Franchisee further acknowledges and agrees that: (a) Franchisor’s review and approval under this Section 5.3 of the Renovation Drawings is limited solely to confirming Franchisee’s compliance determining whether the Renovation Drawings comply with the StandardsDesign Criteria; and (b) Franchisor will have no liability or obligation with respect to renovation, upgrading or furnishing of the Hotel. Except for Franchisee’s own uses related to its construction or operation of the RestaurantHotel, Franchisee must will not reproduce, use or permit the use of any of the design concepts, drawings, or Standards without the prior approval of FranchisorStandards.
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Design Approval. (a) A. If Franchisee elects or is required by this Agreement (including, pursuant to under Section 1011.1) to perform construction work or significant renovations or refurbishment of the Restaurant Hotel affecting the design, character, or appearance of the RestaurantHotel, Franchisee will obtain the prior approval of Franchisor that any such construction work or significant renovations or refurbishment complies with the Standards and the requirements set forth in this Section 56. Prior to Before commencing such construction, renovation, renovation or refurbishment, Franchisee will engage a qualified designer registered architect, interior designer, and other qualified consultants and cause them to: (i) adapt the Design Criteria to the Approved Location and to Applicable Law, including the Americans with Disabilities Act and/or other similar state laws, codes, and/or regulations governing public accommodations for persons with disabilities, (ii) prepare complete construction documents, including a site plan and architectural, mechanical, electrical, civil engineering, landscaping and interior design drawings and specifications, and material samples, in each case, based on the Design Criteria (collectively, the “Renovation Drawings”), and (iii) submit the Renovation Drawings to Franchisor to review for compliance with the Design Criteria at least sixty (60) days prior to commencing such construction, renovation or refurbishment. Franchisee will not deviate from the Design Criteria in the Renovation Drawings; provided if, due to unique circumstances disclosed to Franchisor prior to the date the Renovation Drawings are submitted to Franchisor, it is necessary to deviate from the Design Criteria, all deviations from the Design Criteria, including those that are necessary to adapt the Design Criteria to the Approved Location, must be clearly designated in a separate document and submitted to Franchisor along with the Renovation Drawings. Based on the complexity of the design or the Renovation Drawings, or the amount or type of services requested or needed Franchisor may charge Franchisee an amount equal to One Hundred Thirty Dollars ($130) per hour for the additional time spent reviewing the Renovation Drawings and inspecting the Hotel, in addition to Travel Expenses of personnel that inspect the Hotel.
B. If requested by Franchisor, Franchisee will provide to Franchisor the name, address, and relevant work experience on similar projects for any architect, engineer, design firm or general contractor that Franchisee wishes to retain, and Franchisor will have thirty (30) days after receipt of such information to notify Franchisee of its election to consent or withhold its consent. Franchisor’s election to consent or withhold its consent will be based on prior experiences of Franchisor and its Affiliates with such Person, such Person’s general business reputation, and such Person’s relevant work experience on similar projects. If Franchisor does not respond to Franchisee within thirty (30) days after Franchisor’s receipt of such information, then Franchisee may retain such Person. Neither Franchisor’s failure to respond within the required time period nor Franchisor’s consent to Franchisee’s use of such Person will be deemed an endorsement or recommendation by Franchisor of any such Person. Franchisee acknowledges and agrees that Franchisor is not liable for the unsatisfactory performance of any Person retained by Franchisee.
C. Franchisor will promptly review the Renovation Drawings for compliance with the Design Criteria. If Franchisor determines that the Renovation Drawings do not comply with the Design Criteria, Franchisor will provide recommended changes to Franchisee that Franchisee will incorporate into the Renovation Drawings and resubmit to Franchisor for its review and approval for compliance with the Standards, complete design drawings and specifications based on the Standards. If such drawings and specifications are not approved by Franchisor, Franchisor will provide recommendations to Franchisee related to the Standards that Franchisee must incorporate into such designs and drawings. Once approved, no changes will be made to any design, drawings, and specifications previously approved by Franchisor without Franchisee re-submitting such changes to Franchisor for its review and approvalreview. Each party will act promptly speedily and in good faith in the preparation, submission, approval, review and revision of all the Renovation Drawings. Franchisee will not begin the construction, renovation or refurbishment until Franchisor notifies Franchisee that the Renovation Drawings comply with the Design Criteria. As soon as reasonably possible after Franchisor notifies Franchisee that the Renovation Drawings comply with the Design Criteria Franchisee will submit to Franchisor two (2) sets of said design drawings and specificationsthe final Renovation Drawings.
(b) D. Once finalized, the Renovation Drawings will not be changed, including changes required by governmental authorities, without the prior written consent of Franchisor.
E. Franchisee agrees that Franchisee, and not Franchisor or its Affiliates, is responsible for: (i) ensuring that any design, working drawingsconstruction documents, specifications, and any construction, renovation, or refurbishment complies with any Applicable Law, including any requirements relating to disabled persons; (ii) any errors or omissions; or (iii) discrepancies (of any nature) in any drawings or specifications. Franchisee further acknowledges and agrees that: (a) Franchisor’s review and approval under this Section 5.3 of the Renovation Drawings is limited solely to confirming Franchisee’s compliance determining whether the Renovation Drawings comply with the StandardsDesign Criteria; and (b) Franchisor will have no liability or obligation with respect to renovation, upgrading or furnishing of the Hotel. Except for Franchisee’s own uses related to its construction or operation of the RestaurantHotel, Franchisee must will not reproduce, use or permit the use of any of the design concepts, drawings, or Standards without the prior approval of FranchisorStandards.
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