Common use of Site Selection Clause in Contracts

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 acceptable criteria for Sites and premises that we have established as of the time of our recommendation or approval of the Site; (c) application of criteria that have appeared effective with respect to other sites and premises may not accurately reflect the potential for all Sites and premises, and, after our approval of a Site, demographic and/or other factors included in or excluded from our criteria could change to alter the potential of a Site and premises; and (d) the uncertainty and instability of such criteria are beyond our control, and we will not be responsible for the failure of a Site and premises we have recommended or approved to meet expectations as to potential revenue or operational criteria.

Site Selection. Within 180 (a) Prior to acquiring by lease or purchase a site for the Restaurant, within 60 days of the date of this agreement, you shall submit to us in the form specified by us a description of the site that satisfies the site selection guidelines provided to you by us pursuant to Section 5.1, together with such other information and materials as we may reasonably require, including, but not limited to, a letter of intent or other evidence satisfactory to us which confirms your favorable prospects for obtaining the site. If the site is for your second or later Restaurant pursuant to a Multi-Unit Operator Agreement (“MUOA”) between us and you (as the multi-unit operator), all such information must be submitted no later than 30 days after signing the scheduled Opening Date (as hereinafter defined) of the immediately preceding Restaurant thereunder. We shall have 30 days after receipt of this Agreementinformation and materials to accept or decline, 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 usdiscretion, the proposed site as the location for the Restaurant. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will No site may 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 used for the location of a the 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 unless it is first accepted 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 writing 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) that our recommendation acceptance of a location for the Restaurant is not a warranty or approval of the Site, and any information regarding the Site communicated to you, do not constitute a representation or warranty of any kindguaranty, express or implied, as that you will achieve any particular level of success at the location or that your Restaurant will be profitable, and you hereby waive any such claim. Our acceptance of a location for the Restaurant only signifies that the location meets our then-current minimum criteria for a BurgerFi Restaurant. If the site has been declined we will grant you a one-time additional 30 day period from the date of rejection to the suitability of the Site submit an alternate location for an EVOS® Restaurant or for any other purpose;acceptance. (b) If you elect to purchase the premises for the Restaurant, after receiving our recommendation or approval acceptance of the Site indicates only that we believe that the Site falls within the acceptable criteria for Sites and premises that we have established as site, you shall submit a copy of the time proposed contract of sale to us for our recommendation or approval written acceptance prior to its execution and shall furnish to us a copy of the Site;executed contract of sale promptly after execution. (c) application If you will occupy the premises of criteria that have appeared effective with respect to other sites and premises may not accurately reflect the potential for all Sites and premises, andRestaurant under a lease or sublease, after receiving our acceptance of the site, you shall submit a copy of the lease or sublease to us for written acceptance prior to its execution and shall furnish to us a copy of the executed lease or sublease promptly after execution. No lease or sublease for the Restaurant premises shall be accepted by us unless and until a Contingent Assignment of Lease executed by you and us and a Consent of Lessor to Contingent Assignment executed by your lessor in substantially the form attached as Attachment B is attached to the lease and incorporated therein. Our approval of any lease may be further conditioned upon the inclusion of any one or more of the following provisions, which may be incorporated into an addendum we provide to you for inclusion in the lease as a Siterequired exhibit: (i) authorizing the use of such Marks, demographic and/or other factors included in trade dress, parking, and signage as we may prescribe for the Restaurant; (ii) restricting the use of the leased premises solely to the operation of the Restaurant; (iii) prohibiting you from subleasing or excluded assigning all or any part of your occupancy rights or extending the term of or renewing the lease without our prior written consent; (iv) granting to us or our designee the option, but not the obligation, without the lessor’s further consent, to assume all of your rights under the lease, including the right to assign or sublease, upon your default or termination under such lease or under this Agreement; (v) requiring that the lessor provide us with any and all letters and notices of default under the lease concurrently with the providing of such notice to you, and with at least 30 days within which to cure such default; (vi) granting us the right to enter the leased premises to make any modification necessary to protect our Marks or to cure any default under this Agreement or the lease; (vii) prohibiting any amendment to the lease without our prior written consent; (viii) permitting the sale of liquor, wine, and beer from our criteria could change to alter the potential of a Site and premises; andand (ix) such other provisions that may be set forth in the Manual. You must have an executed lease in place within 30 days of our formal acceptance of the site. (d) the uncertainty and instability of such criteria are beyond our control, and we will not be responsible After a location for the failure of a Site Restaurant is accepted by us and premises we have recommended or approved acquired by you pursuant to meet expectations as to potential revenue or operational criteria.this Agreement the location shall be described in Attachment A.

Site Selection. Within 180 90 days after signing this Agreement, you (with or without our assistance) must locate a Site site that we (in our sole judgment) have approved and signed approved, sign a lease that we have indicated is for it to be acceptable to us. If you us and we have agreed on a Site and Trade Area as begin construction 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 AreaRestaurant. 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® RAGIN' RIBS(R) Restaurants, the nature of other businesses in proximity to proximxxx xo the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed Sitesite, 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 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, 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® a RAGIN' RIBS(R) 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 acceptable criteria for Sites sites and premises that we have established as of the time of our recommendation or approval of the Site; (c) application of criteria that have appeared effective with respect to other sites and premises may not accurately reflect the potential for all Sites sites and premises, and, after our approval of a Sitesite, demographic and/or other factors included in or excluded from our criteria could change to alter the potential of a Site site and premises; and (d) the uncertainty and instability of such criteria are beyond our control, and we will not be responsible for the failure of a Site site and premises we have recommended or approved to meet expectations as to potential revenue or operational criteria.