Exhibit 10.17(a)
AMENDMENT TO DEVELOPMENT AGREEMENT
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December 8, 1993
THIS AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into
between PAPA JOHN'S INTERNATIONAL, INC., a Delaware corporation ("Franchisor")
and PJVA, INC., a Virginia corporation ("Developer").
RECITALS:
A. The parties hereto are parties to a Papa John's Development Agreement
dated March 15, 1992, for the development of 47 Papa John's Pizza outlets in
Norfolk, Richmond and Virginia Beach, Virginia (the "Development Agreement").
B. The parties now desire to amend the Development Agreement as set forth
herein.
NOW, THEREFORE, the parties agree as follows:
1. ADDITIONAL OUTLETS. Franchisor hereby grants Developer the right to
development two additional Outlets (i.e. a total of 49) in the Development Area
(as amended below), and Developer shall exercise such development right only at
locations approved by Franchisor as provided in the Development Agreement.
2. DEVELOPMENT AREA. The "Development Area," as defined on Exhibit A of
the Development Agreement, is hereby amended to include Danville and
Martinsville, Virginia, which area is encompassed by the zip codes 24112, 24540
and 24541 and shall be in addition to the area encompassed by the zip codes
currently set forth on Exhibit A.
3. DEVELOPMENT FEE. In consideration of the grant by Franchisor of the
additional area and the rights to develop the additional Outlets, Developer
shall pay Franchisor a Development Fee of Seven Thousand Dollars ($7,000) upon
execution of this Amendment and a Franchise Fee of Fifteen Thousand Dollars
($15,000) for each additional Outlet at the time each additional Outlet is
opened.
4. DEVELOPMENT SCHEDULE. The "Development Schedule," as set forth in
Section 3 of the Development Agreement, is amended in its entirety to provide
for the following:
"DEVELOPMENT SCHEDULE
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Dates on Which Each Cumulative Number of Outlets
Outlet Shall be Open to be Open and Operating*
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December 31, 1992 1*
December 31, 1992 2*
December 31, 1992 3*
December 31, 1993 4*
December 31, 1993 5*
December 31, 1993 6*
December 31, 1993 7*
December 31, 1993 8*
December 1, 1994 9
December 31, 1994 10
December 31, 1994 11
December 31, 1994 12
December 31, 1994 13
December 31, 1994 14
December 31, 1994 15
October 1, 1995 16
December 31, 1995 17
December 31, 1995 18
December 31, 1995 19
December 31, 1995 20
December 31, 1995 21
December 31, 1995 22
December 31, 1995 23
December 31, 1996 24
December 31, 1996 25
December 31, 1996 26
December 31, 1996 27
December 31, 1996 28
December 31, 1996 29
December 31, 1996 30
December 31, 1996 31
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December 31, 1997 32
December 31, 1997 33
December 31, 1997 34
December 31, 1997 35
December 31, 1997 36
December 31, 1997 37
December 31, 1997 38
December 31, 1997 39
December 31, 1997 40
December 31, 1998 41
December 31, 1998 42
December 31, 1998 43
December 31, 1998 44
December 31, 1998 45
December 31, 1998 46
December 31, 1998 47
December 31, 1998 48
December 31, 1998 49
[* - Includes only those Outlets to be developed pursuant to this
Development Agreement; Outlets at 00000 Xxxxxxx Xxxx, Xxxxxxxx Xxxxxxxx;
0000 Xxxxx Xxxx, Xxxxxxxx, Xxxxxxxx; 0000 Xxxx Xxxxxx, Xxxxxxxx, Xxxxxxxx;
00000 Xxxxxx Xxxx, Xxxx 00, Xxxxxxxxxx, Xxxxxxxx; 0000 Xxxxxxxxx Xxxxxx,
Xxxxxxxx, Xxxxxxxx; 0000 Xxxxxxxxxx Xxxxxxxx, Xxxxxxxx, Xxxxxxxx; 0000
Xxxxxxxxxxxxxx Xxxx, Xxxxxxxxxxxxxx, Xxxxxxxx; and 0000 Xxxx Xxxxx Xxxxxx,
Xxxxxxxx, Xxxxxxxx are already open and operating.]"
5. REAFFIRMATION. Except as amended herein, the Development Agreement
shall remain in effect according to its terms.
IN WITNESS WHEREOF, witness the signature of the parties as of the day,
month and year first above written.
PAPA JOHN'S INTERNATIONAL, INC.
By: /s/ J. Xxxxxx Xxxxxxx
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J. Xxxxxx Xxxxxxx, President
PJVA, INC.
By: /s/ Xxxxxxx X. Xxxxxxx
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Xxxxxxx X. Xxxxxxx, President
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