STORE OPENING. You agree to complete development of the Store and have the Store ready to open within a reasonable time after obtaining possession of the site for the Store. If you do not open the Store within six (6) months from the effective date of this Agreement, we will have the option to terminate this Agreement upon the giving of written notice to you.
STORE OPENING. FRANCHISEE agrees to have the STORE ready to open for business within one hundred eighty (180) days after obtaining possession of the Premises. FRANCHISEE agrees not to open the STORE for business without COMPANY's prior written approval, which will not be granted until:
(1) COMPANY determines that the STORE has been constructed, decorated and equipped in accordance with the approved plans and specifications;
(2) FRANCHISEE and the manager of the STORE have completed all required training to COMPANY's satisfaction;
(3) the initial franchise fee and all other amounts due to COMPANY under this Agreement and any and all other related agreements to which FRANCHISEE is a party have been paid;
(4) COMPANY has been furnished with evidence of insurance coverage as required pursuant to Paragraph I of Section 5 of this Agreement; and
(5) representatives of COMPANY are available to be present at the opening of the STORE to assist FRANCHISEE with such opening, if COMPANY, deems such assistance to be advisable. FRANCHISEE agrees to open the STORE for business within ten (10) days after receipt of such written notice of approval from COMPANY. COMPANY shall provide FRANCHISEE with such supervisory assistance and guidance in connection with the opening and initial operations of the STORE as COMPANY deems appropriate.
STORE OPENING. Credit Parties shall not purchase, acquire (by exchange or otherwise) or develop any new Store during the Forbearance Period, except that Credit Parties may complete the development of the Carlsbad Store so long as (1) Borrower does not make (or permit any Credit Party to make) Capital Expenditures in excess of $1,000,000 during the Forbearance Period in connection with the completion of development of the Carlsbad Store and (2) Borrower and each other Credit Party are in compliance with Section 11.5.1 of the Credit Agreement. In addition, notwithstanding the limitations contained in Section 11.5.2 of the Credit Agreement or this subsection 6(d), the Credit Parties may spend up to $100,000 to obtain permits, and to prepare and negotiate construction documents, for the Store in Long Beach, California.
STORE OPENING. You agree not to open the STORE for business until:
(1) we approve the STORE and site plan as developed in accordance with our specifications and standards;
(2) management and store employee training has been completed to our satisfaction;
(3) the franchise fee and all other amounts then due to us have been paid;
(4) we have been furnished with copies of all insurance policies required by this Agreement, or such other evidence of insurance coverage and payment of premiums as we request or accept; and
(5) other items which we may reasonably require. <PAGE> 12 You must properly staff the STORE prior to opening to handle normally high volumes related to the opening of the STORE. We will supply an operating team that will assist you for a minimum of seven (7) days in the opening of the STORE. If you are developing several STORES pursuant to a Development Agreement, this team will be made available at no charge for the first STORE, one-half of a team will be made available at no charge for the second STORE, a field consultant will be made available at no charge for the third STORE and will be discretionary by us thereafter. "No charge" means we will be responsible for the team's travel, room and board and salaries but you will be responsible for all other charges or expenses.
STORE OPENING. Subject to unavoidable delays of a nature described in Section 18.2 below relating to Force Majeure and the completion by Landlord of the Redevelopment Work, Tenant shall use reasonable and diligent efforts without being required to use overtime labor, to cause the Building to be open for business on or before 22 months after the Delivery Date (the “Scheduled Opening Date”). Lxxxxxxx understands that it would be impractical from a merchandising and retail viewpoint for Tenant to initially open the Premises for business with the public, and Landlord agrees that Tenant need not initially open the Premises for business during any of the following “black out” periods (i) November 2 to February 1, (ii) May 1 to August 1, and (iii) the 45-day period preceding Easter Sunday. If the Scheduled Opening Date falls within any such “black out” period, Tenant may defer the opening for up to ten (10) business days following the end of such “black out” period. Furthermore, except at expressly provided in Section 1.3 above, Tenant shall not be required to pay any annual Base Rent until Tenant opens the Building for business to the public. Notwithstanding the foregoing, and subject only to Section 18.2 and Landlord not breaching this Lease, Tenant covenants to open the Building for retail business to the public on or before November 1, 2003.
STORE OPENING. MARRIOTT agrees that it will not open its first STORE for business without the COMPANY's prior approval. Immediately following the COMPANY's approval, MARRIOTT shall then open such STORE for business. Thereafter, MARRIOTT shall give the COMPANY prior written notice at least two (2) weeks in advance of any subsequent opening of any STORE, and the COMPANY's approval shall be deemed given unless within five (5) business days following receipt of such notice the COMPANY objects to such opening based upon valid and prudent reasons consistent with the terms and conditions of this Agreement.
STORE OPENING. FRANCHISEE shall not open the STORE for business without the COMPANY's prior approval. FRANCHISEE agrees to complete the development and open the STORE for business within one hundred twenty (120) days of execution of this Agreement.
STORE OPENING. You won't open your Plantation Store for business until: (1) we notify you that all of your pre-opening obligations have been fulfilled; (2) pre-opening training of all of your personnel has been completed; (3) all amounts then due us (or any affiliate) have been paid and all pre-opening obligations of yours fully performed; and (4) we've been furnished with copies of all insurance policies (or such other evidence of insurance coverage and payment of premiums as we request) and leases/subleases as required by this Agreement. You agree to use your best efforts to merchandise your Plantation Store as soon as possible after obtaining possession of your Plantation Store premises and to open your Plantation Store for business and commence the conduct of its business by the period required by your lease or sublease or, if sooner, within five (5) days after notice from us that it is in suitable condition therefor. We will supply our employee who will assist you for a period of up to seven (7) days in the opening of your Store and we may, in our sole and absolute discretion, provide similar assistance for up to five (5) additional days. In addition, we may provide our employee for such additional days(s) as we deem appropriate in assisting you with the opening of your Plantation Store. If you (or your affiliate) already own(s) a Plantation Store, all pre-opening and opening assistance will be provided at our sole and absolute discretion.
STORE OPENING. FRANCHISEE agrees to use its best efforts to merchandise the STORE as soon as possible after obtaining possession of the STORE premises and to open the STORE for business and commence the conduct of its business by the period required by FRANCHISEE’s lease or sublease or, if sooner, within five (5) days after notice from FRANCHISOR that it is in suitable condition therefor. FRANCHISOR may, as it may so deem appropriate, supply an employee who will for a period up to seven (7) days assist FRANCHISEE in the opening of the STORE.
STORE OPENING. 11.1 Franchisee agrees not to open the STORE for business until:
(a) Franchisor approves the STORE and site plan as developed in accordance with Franchisor’s specifications and System Standards;
(b) All required training has been completed to Franchisor’s satisfaction;
(c) Franchisee is in compliance with all Franchise Agreements, Development Agreements, and Commissary Facility Agreements, including the payment of the Initial Franchise Fee and all other amounts then due to Franchisor;
(d) Franchisor has been furnished with copies of all insurance policies required by this Agreement, or such other evidence of insurance coverage and payment of premiums as Franchisor requests or accepts; and
(e) Other items which Franchisor may reasonably require have been furnished to Franchisor.
11.2 Franchisee must properly staff the STORE prior to opening. Franchisor will supply at no charge an opening team that will assist Franchisee for a minimum of seven (7) days in the opening of the STORE. However, if Franchisee is developing several Krispy Kreme Stores or Commissary Facilities pursuant to a Development Agreement, this team will be made available at no charge for the first Krispy Kreme Store or Commissary Facility, one-half of a team will be made available at no charge for the second Krispy Kreme Store or Commissary Facility, a field consultant will be made available at no charge for the third Krispy Kreme Store or Commissary Facility and a field consultant may or may not be made available at no charge for any subsequent Krispy Kreme Stores or Commissary Facilities, at Franchisor’s sole discretion. “No charge” means Franchisor will be responsible for the team’s travel, room and board, and salaries, but Franchisee will be responsible for all other charges or expenses.