Exhibit 10.11.2
THIRD AMENDMENT
To
Bruegger's Fresh Bagel Bakery Shareholder Development Agreement
This Third Amendment to that certain Bruegger's Fresh Bagel Bakery
Shareholder Development Agreement, dated January 1, 1995, as previously amended
(the "Development Agreement"), by and between Bruegger's Franchise Corporation,
a Delaware corporation ("Franchisor") and DFW Bagels, Inc., a Minnesota
corporation, d.b.a. Xxxxxxxx'x Bagel Bakery ("Developer"), is made as of this
28th day of May, 1998.
Whereas ss. 1.3 of the Development Agreement was amended by Section 4
Of that certain Agreement and Release, dated November 17, 1997, by and between
Developer and Franchisor; and
Whereas Developer and Franchisor now mutually desire to further amend
Section 1.3 of the Development Agreement;
Now, therefore, in consideration of the recited facts and the mutual
covenants of the parties hereinafter set forth, it is agreed:
1. Section 1.3 of the Development Agreement, as amended, shall be
amended by deleting the stricken language and by inserting in lieu
thereof the double underlined language as shown immediately below:
"1.3 Developer shall develop Bakeries in accordance
with the following schedule (the " Development
Schedule"):
Deadline Minimum Cumulative Number
Of Bakeries Developer Must
Have in Operation By Deadline:
July 1, 1996 4
October 1, 1998 9
July 1, 1999 14
July 1, 2000 19
July 1, 2001 24
July 1, 2002 30
2. Except as specifically stated in ss. 1. Above, all provisions of
the Development Agreement shall remain in full force and effect.
In witness whereof both parties hereto have executed this
agreement on the date first stated above.
Bruegger's Franchise Corporation DFW Bagels, Inc.