Common use of Site Selection Clause in Contracts

Site Selection. Prior to the execution of this Agreement, you located and we approved the Premises for the Licensed Store. Our approval of the Premises was made in reliance by us upon information furnished and representations made by you (all of which have been carefully and fully considered by you in proposing the Premises to us) with respect to the size, appearance and other physical characteristics of the Premises, photographs of the Premises, and demographic characteristics, traffic patterns, competition from other businesses in the area (including other Mrs. Fields Retail Outlets) xxx xxxxr commercial characteristics (including the purchase price, rental obligations, and other leas; terms). Our approval of the Premises and any information communicated to you regarding the Premises do not constitute an express or implied representation or warranty of any kind as to the suitability of the Premises for a Mrs. Fields Cookies Store or xxx xxx xxxxr purpose. Our approval of the Premises indicates only that we believe that the Premises falls within our criteria as of the time period encompassing the evaluation. Both you and we acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of potential for a specific site and that, subsequent to our approval of a site and Premises, demographic and/or economic factors, including competition from other dessert and snack food and similar food service businesses, included in or excluded from our criteria, could change, thereby altering the potential of a site. The uncertainty and instability of the factors included in the criteria are beyond our control and we will not be responsible to you for the failure of the Premises to meet expectations as to potential revenue or operational criteria. Your acceptance of a Franchise for the operation of a Mrs. Fields Cookies Store at thx Xxxxxxxx xs based on your own independent investigation of the suitability of the Premises.

Site Selection. Prior The parties hereby acknowledge that this Section 4.1 shall not apply to any Store identified on Schedule A as having been opened prior to the execution date of this Agreement, you located and we approved . You must obtain our written approval of the Premises before you sign a lease for or begin construction of the Licensed StorePremises. Our approval of the Premises was is based and made in reliance by us upon information furnished you furnish and representations made by you make to us (all of which we assume you have been carefully and fully considered by you in proposing the Premises to us) with respect to the size, appearance and other physical characteristics of the Premises, photographs of the Premises, and demographic characteristics, traffic patterns, competition from other businesses in the area (including other Mrs. Fields Xxx. Xxxxxx Retail Outlets) xxx xxxxr and other commercial characteristics (including the purchase price, rental obligations, and other leas; lease terms). Our approval of the Premises and any information communicated to you regarding the Premises do not constitute an express or implied representation or warranty of any kind as to the suitability of the Premises for a Mrs. Fields Cookies Xxx. Xxxxxx Cookie Store or xxx xxx xxxxr for any other purpose. Our approval of the Premises indicates only that we believe that the Premises falls within our criteria as of the time period encompassing the evaluation. Both you and we acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of predict the potential results for a specific site and that, subsequent to our approval of a site and Premises, demographic and/or economic factors, including competition from other dessert and cookie, bakery, snack food and dessert restaurants and retail outlets and similar food service businesses, included in or excluded from our criteria, could change, thereby altering the potential of a site. The uncertainty and instability of the factors included in the criteria are beyond our control and we will not be responsible to you for the failure of the Premises to meet expectations as to potential revenue or operational criteria. Your acceptance of a Franchise for the operation of a Mrs. Fields Cookies Xxx. Xxxxxx Cookie Store at thx Xxxxxxxx xs the Premises is based on your own independent investigation of the suitability of the Premises.

Site Selection. Prior The parties hereby acknowledge that this Section 4 shall not apply to any Store identified on the Store Location Schedule as having been opened prior to the execution date of this Agreement, you located and we approved . You must obtain our written approval of the Premises before you sign a lease or sublease for or begin construction of the Licensed StorePremises. Our approval of the Premises was is based and made in reliance by us upon information furnished you furnish and representations made by you make to us (all of which we assume you have been carefully and fully considered by you in proposing the Premises to us) with respect to the size, appearance and other physical characteristics of the Premises, photographs of the Premises, and demographic characteristics, traffic patterns, competition from other businesses in the area (including other Mrs. Fields Pretzelmaker Retail Outlets) xxx xxxxr and other commercial characteristics (including the purchase price, rental obligations, and other leas; lease terms). Our approval of the Premises and any information communicated to you regarding the Premises do not constitute an express or implied representation or warranty of any kind as to the suitability of the Premises for a Mrs. Fields Cookies Pretzelmaker Store or xxx xxx xxxxr for any other purpose. Our approval of the Premises indicates only that we believe that the Premises falls within our criteria as of the time period encompassing the evaluation. Both you and we acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of predict the potential results for a specific site and that, subsequent to our approval of a site and Premises, demographic and/or economic factors, including competition from other dessert and bakery, snack food and dessert restaurants and retail outlets and similar food service businesses, included in or excluded from our criteria, could change, thereby altering the potential of a site. The uncertainty and instability of the factors included in the criteria are beyond our control and we will not be responsible to you for the failure of the Premises to meet expectations as to potential revenue or operational criteria. Your acceptance of a Franchise for the operation of a Mrs. Fields Cookies Pretzelmaker Store at thx Xxxxxxxx xs the Premises is based on your own independent investigation of the suitability of the Premises.

Site Selection. Prior The parties hereby acknowledge that this Section 4 shall not apply to any Store identified on the Store Location Schedule as having been opened prior to the execution date of this Agreement, you located and we approved . You must obtain our written approval of the Premises before you sign a lease or sublease for or begin construction of the Licensed StorePremises. Our approval of the Premises was is based and made in reliance by us upon information furnished you furnish and representations made by you make to us (all of which we assume you have been carefully and fully considered by you in proposing the Premises to us) with respect to the size, appearance and other physical characteristics of the Premises, photographs of the Premises, and demographic characteristics, traffic patterns, competition from other businesses in the area (including other Mrs. Fields Pretzel Time Retail Outlets) xxx xxxxr and other commercial characteristics (including the purchase price, rental obligations, and other leas; lease terms). Our approval of the Premises and any information communicated to you regarding the Premises do not constitute an express or implied representation or warranty of any kind as to the suitability of the Premises for a Mrs. Fields Cookies Pretzel Time Store or xxx xxx xxxxr for any other purpose. Our approval of the Premises indicates only that we believe that the Premises falls within our criteria as of the time period encompassing the evaluation. Both you and we acknowledge that application of criteria that have been effective with respect to other sites and premises may not be predictive of predict the potential results for a specific site and that, subsequent to our approval of a site and Premises, demographic and/or economic factors, including competition from other dessert and bakery, snack food and dessert restaurants and retail outlets and similar food service businesses, included in or excluded from our criteria, could change, thereby altering the potential of a site. The uncertainty and instability of the factors included in the criteria are beyond our control and we will not be responsible to you for the failure of the Premises to meet expectations as to potential revenue or operational criteria. Your acceptance of a Franchise for the operation of a Mrs. Fields Cookies Pretzel Time Store at thx Xxxxxxxx xs the Premises is based on your own independent investigation of the suitability of the Premises.