Common use of Franchised Location Clause in Contracts

Franchised Location. Franchisee is granted the right to own and operate a Restaurant at a specific address and location ("Franchised Location") which will have been approved by Franchisor pursuant to this Section and Section 6 of this Agreement. Franchisee shall select and propose to Franchisor for approval a specific site for the Franchised Location. Franchisor, at its option, may also present sites to Franchisee for consideration. Franchisor will approve or disapprove a proposed location in accordance with the terms of this Agreement and Franchisor’s then-current site selection and approval criteria and procedures. Franchisor may use a variety of criteria and procedures to evaluate a site Franchisee proposes and, if more than one franchisee is seeking a site in a particular area, to determine which franchisee will operate a Restaurant at a particular location. Franchisor may change its procedures from time to time. Franchisee agrees that, if ▇▇▇▇▇▇▇▇▇▇ identifies a general area in which Franchisee is to concentrate its efforts to search for an acceptable site for the Franchised Location, this area is designated simply for purposes of focusing Franchisee’s search and is not the grant of, or right to, an exclusive or protected territory. If Franchisee is unable or refuses to locate or secure a site that meets ▇▇▇▇▇▇▇▇▇▇’s criteria within that area within the timeframe Franchisor specifies, Franchisor may allow another franchisee to search for a site in that area. In addition, if Franchisee is presented with a site that meets Franchisor’s criteria, as determined in its sole discretion, and Franchisee refuses to secure the site for any reason, including because Franchisee does not agree with the lease provisions Franchisor negotiates on Franchisee’s behalf, Franchisor may present the site to another Franchisee. Nothing contained herein obligates Franchisor to continue to utilize the procedure described above. Franchisor makes no guaranty or assurance that any particular site in which Franchisee has expressed an interest prior to signing this Agreement will be available or approved by Franchisor, and Franchisee agrees that its obligations under this Agreement are not conditioned upon securing any particular site. There are no restrictions on Franchisor in any area, either before or after the Franchised Location is selected and approved, as provided in Section 3.5 below. Franchisor has the right to designate a real estate broker whom Franchisee must use to contact the landlord of a proposed site, in which case Franchisee may not contact the landlord directly without Franchisor's approval. Franchisee acknowledges and agrees that the Franchised Location will be a specific numbered street or mall address at which Franchisee's Restaurant will be physically located. The "Franchised Location" cannot and will not under any circumstances be defined as a geographic area or be described in terms other than a specific numbered street or mall address. During the term of this Agreement, the Franchised Location shall be used exclusively to operate a Restaurant. Franchisee further acknowledges and warrants that Franchisor’s approval of the Franchised Location does not constitute a guarantee, recommendation, or endorsement of the Franchised Location and that the success of the Restaurant to be operated at the Franchised Location depends upon ▇▇▇▇▇▇▇▇▇▇’s abilities as an independent businessperson. Once Franchisor has approved the Franchised Location, Franchisor will be deemed to have complied with its obligations under this Agreement to assist Franchisee by providing criteria for the Franchised Location and determining fulfillment of the requisite criteria for the Franchised Location, such determination based on information provided by Franchisee.