Time Limit for Starting Business Sample Clauses

Time Limit for Starting Business. The Franchisee shall maintain the Restaurant in accordance with the provisions and requirements of Section XII hereof, and must open the franchise for business within 180 days of the date of execution of this Agreement (the "Opening Date"). The opening requires that Franchisee has qualified for and has obtained all necessary licenses needed to perform its services. Franchisor may at its sole option, grant Franchisee one 90-day extension past the allotted time within which to open the Restaurant. Upon either of the above events Franchisor may, at its sole discretion, terminate the franchise and retain all fees paid less its expenses and cost, but otherwise without breach of the Agreement. The initial Franchise Fee is fully earned on payment, and is allocated to training and other services to be rendered to Franchisee before opening. The franchise fee is uniform as to all persons currently acquiring a Deli Delicious™ restaurant and is nonrefundable. If Franchisor and Franchisee cannot agree on a Franchised Business location or protected Territory within 180 days of the Effective Date of this Agreement, Franchisor may terminate, in its sole discretion, the Franchise Agreement and return the initial Franchisee Fee, less all of its expenses and costs, but otherwise without breach of the Agreement. During the term of this Agreement, the accepted Territory shall be used exclusively for the purpose of operating a franchised Deli Delicious™ restaurant. In the event the Restaurant shall be damaged or destroyed by fire or other casualty, or be required to be repaired, Franchisee shall commence the required repair of the Restaurant within 30 days from the date of such casualty or notice of such governmental requirement (or such lesser period as shall be designated by such governmental requirement), and shall complete all required repairs as soon as possible thereafter, in continuity, but in no event later than 90 days from the date of such casualty or requirement of such governmental notice. The minimum acceptable appearance for the restored Restaurant will be that which existed just prior to the casualty; however, every effort should be made to have the restored Restaurant include the then-current image, design and specifications of a Deli Delicious™ restaurant. As between us and the Franchisee, the Franchisee shall bear the entire risk of any damage, loss, theft or destruction to the Restaurant from any cause whatsoever or requisition of the Restaurant by any govern...
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