Site Selection. 5.1.1 If the parties have not designated the street address of the Franchised Location on Exhibit A on the Effective Date, Franchisee shall identify, submit and obtain Franchisor’s prior written approval of the Franchised Location meeting the requirements of this Agreement prior to entering a lease or sublease for the Franchised Location. Franchisee shall provide Franchisor all information required by Franchisor, as determined by Franchisor in Franchisor’s sole determination, necessary for Franchisor to evaluate the Franchised Location. Franchisor shall have ten (10) business days to review Franchisee’s written site proposal for the Franchised Location and notify Franchisee of its approval or disapproval in writing. Franchisor’s failure to respond within ten (10) business days shall signify Franchisor’s disapproval of the site. Franchisor shall not unreasonably withhold Franchisor’s approval of a proposed site for the Franchised Location.
5.1.2 Franchisee must have a site for the Franchised Location approved by Franchisor, receive the opening notice from Franchisor described in Section 5.4 below, and open Franchisee’s Franchised Business for business within six (6) months from the Effective Date, except as otherwise provided in Section
5.1.3 All matters related in any way to Franchisee’s site are Franchisee’s sole responsibility, regardless of any assistance Franchisor may choose to provide. Franchisee is responsible for obtaining any architectural and engineering services required for Franchisee’s facility and for ensuring its compliance with local law. Neither Franchisor, nor any other person or company associated with Franchisor shall have any liability for any site‐related matter. Xxxxxxxxxx agrees not to make any claims against Franchisor and/or any of Franchisor’s affiliates or associates with regard to such matters.
5.1.4 If Franchisor makes a loan to Franchisee for (i) Franchisee’s purchase of the franchise for the Franchised Business; (ii) the remodeling of the Franchised Location; (iii) the transfer of any interest in this franchise or this Agreement; or (iv) any other purpose; Franchisee shall open (or re‐open, as the case may be), the Franchised Business for business within sixty (60) days from the loan origination date.
Site Selection. The District shall be solely responsible for all costs associated with the project site, including acquisition, environmental remediation, and unanticipated site conditions.
Site Selection. Liberty provides guidance and advice to you regarding the selection of the location of your office(s). You may not sign a lease or locate an office until Liberty approves the location of your office. Liberty’s approval of the location of a site is not a guarantee of success in that location or a warranty or assurance as to any aspect of the office or its location.
Site Selection. Notwithstanding anything to the contrary contained in this Schedule or the Agreement, Licensee acknowledges that Licensor shall have the right, in its sole discretion, to approve all Sites. Licensor shall consult with Licensee in good faith regarding all aspects of Site selection, and to work cooperatively with Licensee in order to identify acceptable Sites which, in Licensor’s judgment, will result in Stores consistent with the high image and reputation that such Stores are intended to present, while taking into account Licensee’s rights and obligations under Section 6.4 of the Agreement and Licensee’s reasonable commercial expectations to the extent practicable.
Site Selection. Justification for sites selected for enforcement activities must be documented and maintained as a part of the sub-recipient’s file for this agreement.
Site Selection. (a) WMECO’s evaluation of potential sites and projects shall first emphasize benefits of favorable site/project costs, economies of scale, PV system output, operating costs and then consider the benefits from community development, job creation, and electric system benefits.
(b) Project selection shall include a measure of the installation costs for a project that include all capital expenditures, including, but not limited to, those for site development, site design, site engineering, site construction and PV equipment. This cost figure will be stated on a dollars per kilowatt basis.
(c) The measure of installation costs allows for a common comparison of project costs that accommodates the variability attributable to certain types of sites and various site conditions.
(d) WMECO will use an Installation Cost Target (“ICT”) as a threshold for determining the projects it will seek to develop under the Program. The ICT will be equal to $6,800/kW and may be increased by an adjustment factor of no more than 5% (to $7,140/kW). Article 6.4(3)(b) defines the use of this adjustment factor. WMECO shall develop projects with estimated installation costs that are likely to be below this target.
Site Selection. In-N-Out Burger reserves the right to pre-approve the location of any event at which In-N-Out Burger Truck may appear and shall have the right, upon request, to inspect the site in advance. The In-N-Out Burger Truck requires a solid and level surface and sufficient space for parking both the truck and our employee support vehicle to accompany the truck for the duration of your event. In-N-Out Burger reserves the right to relocate the In-N-Out Burger Truck if it deems the parking area or any portion thereof, to be unacceptable. If the desired parking area requires property parking permits, In-N-Out Burger is not responsible for obtaining them. Cookout Trucks require 85 feet of parking space, with 14 feet overhead clearance and a width of at least 11 feet. In-N-Out Burger cannot park in any residential drive-ways. Please be aware that some areas may be inaccessible due to narrow or steep roads and low overhanging trees.
Site Selection. The Franchised Business may be operated at such location within the Marketing Area as may be approved in advance by Franchisor in writing. Final site selection will be subject to the approval of Franchisor, which approval will not be reasonable withheld. To obtain approval, Franchisee must give Franchisor written notice of the proposed location, as well as photographs of inside and outside the premises of the proposed Location. If Franchisor does not give Franchisee written notice of disapproval within twenty (20) business days after receipt of the written notice of the proposed Location, then the proposed Location will be deemed to be approved by the Franchisor. Franchisee specifically acknowledges that site approval by Franchisor is not to be interpreted as a guarantee of success or profitability of the Franchised Business which is to be operated at the Location.
Site Selection. Developer has worked in conjunction with real estate brokers and agents to locate the Land that either permits the construction and development of the Project as a matter of right for an unlimited time period and not merely as a non-conforming use or that permits the Land to be subdivided and rezoned, if necessary, in order to permit the foregoing.
Site Selection. Within 180 days after signing this Agreement, you (with or without our assistance) must locate a Site that we (in our sole judgment) have approved and signed a lease that we have indicated is acceptable to us. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our approval of the Site and Trade Area. The Site must meet our criteria for the location of a Restaurant (which may or may not include demographic characteristics, traffic patterns, parking, character of neighborhood, competition from and proximity to other businesses and other EVOS® Restaurants, the nature of other businesses in proximity to the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed Site, and any other factors or characteristics we consider appropriate). Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we request. As part of our approval process, you must conduct and provide to us a site selection analysis performed by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day period, the Site is deemed disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that:
(a) our recommendation or approval of the Site, and any information regarding the Site communicated to you, do not constitute a representation or warranty of any kind, express or implied, as to the suitability of the Site for an EVOS® Restaurant or for any other purpose;
(b) our recommendation or approval of the Site indicates only that we believe that the Site falls within the acceptab...
