Common use of Site Selection Clause in Contracts

Site Selection. Within 180 days after signing this Agreement, you (with or without our assistance) must locate a Site that we (in our sole judgment) have approved and signed a lease that we have indicated is acceptable to us. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our approval of the Site and Trade Area. The Site must meet our criteria for the location of a Restaurant (which may or may not include demographic characteristics, traffic patterns, parking, character of neighborhood, competition from and proximity to other businesses and other EVOS® Restaurants, the nature of other businesses in proximity to the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed Site, and any other factors or characteristics we consider appropriate). Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we request. As part of our approval process, you must conduct and provide to us a site selection analysis performed by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day period, the Site is deemed disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that: (a) our recommendation or approval of the Site, and any information regarding the Site communicated to you, do not constitute a representation or warranty of any kind, express or implied, as to the suitability of the Site for an EVOS® Restaurant or for any other purpose; (b) our recommendation or approval of the Site indicates only that we believe that the Site falls within the acceptable criteria for Sites and premises that we have established as of the time of our recommendation or approval of the Site; (c) application of criteria that have appeared effective with respect to other sites and premises may not accurately reflect the potential for all Sites and premises, and, after our approval of a Site, demographic and/or other factors included in or excluded from our criteria could change to alter the potential of a Site and premises; and (d) the uncertainty and instability of such criteria are beyond our control, and we will not be responsible for the failure of a Site and premises we have recommended or approved to meet expectations as to potential revenue or operational criteria.

Site Selection. Within 180 days after signing this Agreement(a) You assume all cost, liability, expense and responsibility for locating, presenting for our prior review, securing and developing a site for the Franchised Business within the Site Selection Area. In fulfilling your responsibility, you may consult with real estate and other professionals identified by us. Our evaluation of a prospective site and the providing of assistance in the selection of a site does not mean that we represent, promise, warranty or guarantee that a Franchised Business operated at that site will be profitable or otherwise successful. You also assume all cost, liability, expense and responsibility for constructing and equipping the Franchised Business at the Franchised Location. You may not make any binding commitment to a prospective vendor or landlord with respect to a site for the Franchised Business until the site is reviewed, evaluated, and approved in accordance with this Section 3. (b) Prior to securing a site for the Franchised Business by lease or purchase, you, with or without our site selection assistance) , must locate a site that is approved by us. (i) You must submit to us, in writing, in the form we specify, a description of the proposed site. You will complete a Site Submission Package as detailed in the Manual at least 20 days prior to executing your lease. This package will contain information that you prepare about your proposed site, proposed economics of the deal and other relevant information about your trade area. The Site Submission Package must be submitted with such other information and materials as we (may reasonably require, including a letter of intent or other evidence satisfactory to us that confirms your favorable prospects for obtaining the proposed site and the landlord’s willingness to sign the Addendum to Lease attached to this Agreement as Attachment C. We will review and approve your proposed site based on this and other information in our sole judgmentand absolute discretion. (ii) We will have approved and signed a lease that we have indicated is acceptable to us. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our approval 20 days after receipt of the Site Submission Package and Trade Areaadditional information and materials to approve or disapprove the proposed site as the location for the Franchised Business. The Site must meet our criteria No site may be used for the location of a Restaurant (which may or may not include demographic characteristicsthe Franchised Business unless it is first reviewed, traffic patternsevaluated, parking, character of neighborhood, competition from and proximity to other businesses and other EVOS® Restaurants, the nature of other businesses approved in proximity to the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed Sitewriting by us, and any other factors or characteristics we consider appropriate). Our criteria, and objections are resolved by you to our evaluation of them, may vary periodically and from location to locationsatisfaction. If you and within 20 days after submission of the Site Submission Package, we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for advised you in writing that the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we request. As part of our approval process, you must conduct and provide to us a proposed site selection analysis performed by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day perioddisapproved, the Site is deemed disapproved. No Site or Trade Area proposed site will be deemed approved by us until we provide for you to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that:use. (aiii) our recommendation or approval of After a site for the Site, Franchised Business is approved by us and any information regarding the Site communicated to acquired by you, do not constitute a representation or warranty of any kind, express or implied, the site shall be described as to the suitability of the Site for an EVOS® Restaurant or for any other purpose; (b) our recommendation or approval of the Site indicates only that we believe that the Site falls within the acceptable criteria for Sites and premises that we have established as of the time of our recommendation or approval of the Site; (c) application of criteria that have appeared effective with respect to other sites and premises may not accurately reflect the potential for all Sites and premises, and, after our approval of a Site, demographic and/or other factors included Franchised Location in or excluded from our criteria could change to alter the potential of a Site and premises; and (d) the uncertainty and instability of such criteria are beyond our control, and we will not be responsible for the failure of a Site and premises we have recommended or approved to meet expectations as to potential revenue or operational criteria.Attachment A.

Site Selection. Within 180 days after signing The parties hereby acknowledge that this Section 4 shall not apply to any Store identified on the Store Location Schedule as having been opened prior to the date of this Agreement, you (with or without . You must obtain our assistance) must locate a Site that we (in our sole judgment) have approved and signed a lease that we have indicated is acceptable to us. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our written approval of the Site Premises before you sign a lease or sublease for or begin construction of the Premises. Our approval of the Premises is based and Trade Area. The Site must meet our criteria for made in reliance upon information you furnish and representations you make to us (all of which we assume you have carefully and fully considered in proposing the location of a Restaurant (which may or may not include demographic characteristics, traffic patterns, parking, character of neighborhood, competition from and proximity Premises to other businesses and other EVOS® Restaurants, the nature of other businesses in proximity us) with respect to the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed SitePremises, photographs of the Premises, and any demographic characteristics, traffic patterns, competition from other factors or businesses in the area (including other Pretzel Time Retail Outlets) and other commercial characteristics we consider appropriate(including the purchase price, rental obligations, and other lease terms). Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we request. As part of our approval process, you must conduct and provide to us a site selection analysis performed by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day period, the Site is deemed disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that: (a) our recommendation or approval of the Site, Premises and any information communicated to you regarding the Site communicated to you, Premises do not constitute a an express or implied representation or warranty of any kind, express or implied, kind as to the suitability of the Site Premises for an EVOS® Restaurant a Pretzel Time Store or for any other purpose; (b) our recommendation or . Our approval of the Site Premises indicates only that we believe that the Site Premises falls within the acceptable our criteria for Sites and premises that we have established as of the time of our recommendation or approval of period encompassing the Site; (c) evaluation. Both you and we acknowledge that application of criteria that have appeared been effective with respect to other sites and premises may not accurately reflect predict the potential results for all Sites a specific site and premisesthat, and, after subsequent to our approval of a Sitesite and Premises, demographic and/or economic factors, including competition from other factors bakery, snack food and dessert restaurants and retail outlets and similar food service businesses, included in or excluded from our criteria criteria, could change to alter change, thereby altering the potential of a Site and premises; and (d) the site. The uncertainty and instability of such the factors included in the criteria are beyond our control, control and we will not be responsible to you for the failure of a Site and premises we have recommended or approved the Premises to meet expectations as to potential revenue or operational criteria. Your acceptance of a Franchise for the operation of a Pretzel Time Store at the Premises is based on your own independent investigation of the suitability of the Premises.

Site Selection. Within 180 (a) Prior to acquiring by lease or purchase a site for the Restaurant, within 60 days of the date of this agreement, you shall submit to us in the form specified by us a description of the site that satisfies the site selection guidelines provided to you by us pursuant to Section 5.1, together with such other information and materials as we may reasonably require, including, but not limited to, a letter of intent or other evidence satisfactory to us which confirms your favorable prospects for obtaining the site. If the site is for your second or later Restaurant pursuant to a Multi-Unit Operator Agreement (“MUOA”) between us and you (as the multi-unit operator), all such information must be submitted no later than 30 days after signing the scheduled Opening Date (as hereinafter defined) of the immediately preceding Restaurant thereunder. We shall have 30 days after receipt of this Agreementinformation and materials to accept or decline, you (with or without our assistance) must locate a Site that we (in our sole judgment) have approved and signed a lease that we have indicated is acceptable to usdiscretion, the proposed site as the location for the Restaurant. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will No site may be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our approval of the Site and Trade Area. The Site must meet our criteria used for the location of a the Restaurant (which may or may not include demographic characteristics, traffic patterns, parking, character of neighborhood, competition from and proximity to other businesses and other EVOS® Restaurants, the nature of other businesses unless it is first accepted in proximity to the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed Site, and any other factors or characteristics we consider appropriate). Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we request. As part of our approval process, you must conduct and provide to us a site selection analysis performed writing by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day period, the Site is deemed disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that: (a) that our recommendation acceptance of a location for the Restaurant is not a warranty or approval of the Site, and any information regarding the Site communicated to you, do not constitute a representation or warranty of any kindguaranty, express or implied, as that you will achieve any particular level of success at the location or that your Restaurant will be profitable, and you hereby waive any such claim. Our acceptance of a location for the Restaurant only signifies that the location meets our then-current minimum criteria for a BurgerFi Restaurant. If the site has been declined we will grant you a one-time additional 30 day period from the date of rejection to the suitability of the Site submit an alternate location for an EVOS® Restaurant or for any other purpose;acceptance. (b) If you elect to purchase the premises for the Restaurant, after receiving our recommendation or approval acceptance of the Site indicates only that we believe that the Site falls within the acceptable criteria for Sites and premises that we have established as site, you shall submit a copy of the time proposed contract of sale to us for our recommendation or approval written acceptance prior to its execution and shall furnish to us a copy of the Site;executed contract of sale promptly after execution. (c) application If you will occupy the premises of criteria that have appeared effective with respect to other sites and premises may not accurately reflect the potential for all Sites and premises, andRestaurant under a lease or sublease, after receiving our acceptance of the site, you shall submit a copy of the lease or sublease to us for written acceptance prior to its execution and shall furnish to us a copy of the executed lease or sublease promptly after execution. No lease or sublease for the Restaurant premises shall be accepted by us unless and until a Contingent Assignment of Lease executed by you and us and a Consent of Lessor to Contingent Assignment executed by your lessor in substantially the form attached as Attachment B is attached to the lease and incorporated therein. Our approval of any lease may be further conditioned upon the inclusion of any one or more of the following provisions, which may be incorporated into an addendum we provide to you for inclusion in the lease as a Siterequired exhibit: (i) authorizing the use of such Marks, demographic and/or other factors included in trade dress, parking, and signage as we may prescribe for the Restaurant; (ii) restricting the use of the leased premises solely to the operation of the Restaurant; (iii) prohibiting you from subleasing or excluded assigning all or any part of your occupancy rights or extending the term of or renewing the lease without our prior written consent; (iv) granting to us or our designee the option, but not the obligation, without the lessor’s further consent, to assume all of your rights under the lease, including the right to assign or sublease, upon your default or termination under such lease or under this Agreement; (v) requiring that the lessor provide us with any and all letters and notices of default under the lease concurrently with the providing of such notice to you, and with at least 30 days within which to cure such default; (vi) granting us the right to enter the leased premises to make any modification necessary to protect our Marks or to cure any default under this Agreement or the lease; (vii) prohibiting any amendment to the lease without our prior written consent; (viii) permitting the sale of liquor, wine, and beer from our criteria could change to alter the potential of a Site and premises; andand (ix) such other provisions that may be set forth in the Manual. You must have an executed lease in place within 30 days of our formal acceptance of the site. (d) the uncertainty and instability of such criteria are beyond our control, and we will not be responsible After a location for the failure of a Site Restaurant is accepted by us and premises we have recommended or approved acquired by you pursuant to meet expectations as to potential revenue or operational criteria.this Agreement the location shall be described in Attachment A.

Site Selection. Within 180 days after signing The parties hereby acknowledge that this Section 4 shall not apply to any Store identified on the Store Location Schedule as having been opened prior to the date of this Agreement, you (with or without . You must obtain our assistance) must locate a Site that we (in our sole judgment) have approved and signed a lease that we have indicated is acceptable to us. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our written approval of the Site Premises before you sign a lease or sublease for or begin construction of the Premises. Our approval of the Premises is based and Trade Area. The Site must meet our criteria for made in reliance upon information you furnish and representations you make to us (all of which we assume you have carefully and fully considered in proposing the location of a Restaurant (which may or may not include demographic characteristics, traffic patterns, parking, character of neighborhood, competition from and proximity Premises to other businesses and other EVOS® Restaurants, the nature of other businesses in proximity us) with respect to the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed SitePremises, photographs of the Premises, and any demographic characteristics, traffic patterns, competition from other factors or businesses in the area (including other Pretzelmaker Retail Outlets) and other commercial characteristics we consider appropriate(including the purchase price, rental obligations, and other lease terms). Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we request. As part of our approval process, you must conduct and provide to us a site selection analysis performed by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day period, the Site is deemed disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that: (a) our recommendation or approval of the Site, Premises and any information communicated to you regarding the Site communicated to you, Premises do not constitute a an express or implied representation or warranty of any kind, express or implied, kind as to the suitability of the Site Premises for an EVOS® Restaurant a Pretzelmaker Store or for any other purpose; (b) our recommendation or . Our approval of the Site Premises indicates only that we believe that the Site Premises falls within the acceptable our criteria for Sites and premises that we have established as of the time of our recommendation or approval of period encompassing the Site; (c) evaluation. Both you and we acknowledge that application of criteria that have appeared been effective with respect to other sites and premises may not accurately reflect predict the potential results for all Sites a specific site and premisesthat, and, after subsequent to our approval of a Sitesite and Premises, demographic and/or economic factors, including competition from other factors bakery, snack food and dessert restaurants and retail outlets and similar food service businesses, included in or excluded from our criteria criteria, could change to alter change, thereby altering the potential of a Site and premises; and (d) the site. The uncertainty and instability of such the factors included in the criteria are beyond our control, control and we will not be responsible to you for the failure of a Site and premises we have recommended or approved the Premises to meet expectations as to potential revenue or operational criteria. Your acceptance of a Franchise for the operation of a Pretzelmaker Store at the Premises is based on your own independent investigation of the suitability of the Premises.

Site Selection. Within 180 90 days after signing this Agreement, you (with or without our assistance) must locate a Site site that we (in our sole judgment) have approved and signed approved, sign a lease that we have indicated is for it to be acceptable to us. If you us and we have agreed on a Site and Trade Area as begin construction of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our approval of the Site and Trade AreaRestaurant. The Site must meet our criteria for the location of a Restaurant (which may or may not include demographic characteristics, traffic patterns, parking, character of neighborhood, competition from and proximity to other businesses and other EVOS® RAGIN' RIBS(R) Restaurants, the nature of other businesses in proximity to proxim▇▇▇ ▇o the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed Sitesite, and any other factors or characteristics we consider appropriate). Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site site report and any other materials we request. As part of our approval process, you must conduct and provide to us a site selection analysis performed by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day period, the Site is deemed disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that: (a) our recommendation or approval of the Site, Site and any information regarding the Site communicated to you, do not constitute a representation or warranty of any kind, express or implied, as to the suitability of the Site for an EVOS® a RAGIN' RIBS(R) Restaurant or for any other purpose; (b) our recommendation or approval of the Site indicates only that we believe that the Site falls within the acceptable criteria for Sites sites and premises that we have established as of the time of our recommendation or approval of the Site; (c) application of criteria that have appeared effective with respect to other sites and premises may not accurately reflect the potential for all Sites sites and premises, and, after our approval of a Sitesite, demographic and/or other factors included in or excluded from our criteria could change to alter the potential of a Site site and premises; and (d) the uncertainty and instability of such criteria are beyond our control, and we will not be responsible for the failure of a Site site and premises we have recommended or approved to meet expectations as to potential revenue or operational criteria.

Site Selection. Within 180 days after signing this AgreementWe will assist you in finding you a site for your Business by providing assistance and guidance in your selection of a real estate broker, demographic and psychographic data, site search and approval, municipal code review and lease review and approval. You shall submit to us a complete site report (containing such demographic, commercial, and other information, photographs and video tapes as we may reasonably require) for a site you (with propose for your Business and which you reasonably believe conforms to our minimum site selection criteria we establish from time to time. We shall have the right to accept or reject all proposed sites. In accepting or rejecting a proposed site, we will consider such matters as we deem material, including, without our assistance) must locate a Site that we (in our sole judgment) have approved limitation, demographic and signed a lease that we have indicated is acceptable to us. If you and we have agreed on a Site and Trade Area as psychographic characteristics of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our approval of the Site and Trade Area. The Site must meet our criteria for the location of a Restaurant (which may or may not include demographic characteristicsproposed site, traffic patterns, parking, the predominant character of the neighborhood, competition from and other businesses providing similar services within the area, the proximity to other businesses and (including other EVOS® RestaurantsMassage Envy Business), the nature of other businesses in proximity to the Site site, and other commercial characteristics (including the purchase price or rental obligations and other lease terms for the proposed site) and the sizesize of premises, appearance appearance, and other physical characteristics of the proposed Site, and any other factors or characteristics we consider appropriate)premises. Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you We shall have not obtained a fully signed lease agreement for the Site, within 180 thirty (30) days after receipt of the Agreement Date, we may terminate this Agreement. We will requisite materials to approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we requestproposed site. As part Our approval of our approval process, you must conduct and provide to us a site selection analysis performed will be by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay delivery of written notice to us or our designee our then current site selection feeyou. If you have do not heard receive a written notice of approval within thirty (30) days from us within such 30-day periodus, the Site your proposed site is deemed considered disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that: (a) that our recommendation or approval of the Site, and any information regarding the Site communicated to you, do does not constitute a representation or warranty of any kind, express or implied, as to of the suitability of the Site for an EVOS® Restaurant a Massage Envy Business or for any other purpose; (b) our recommendation or . Our approval of the Site indicates only that we believe that the Site falls within meets our then acceptable criteria. We are not responsible if the acceptable criteria Site fails to meet your or our expectations. In some jurisdictions, notably large metropolitan cities, you acknowledge that you may be required to use our designated real estate broker and expediter to assist you in locating a Site and for Sites and premises that we have established as of the time of our recommendation or obtaining approval of the Site; (c) application of criteria local governmental board that have appeared effective with respect grants “relief” from the zoning code in the jurisdiction, thus making it potentially easier to other sites obtain zoning variances and premises special permits that may not accurately reflect the potential be necessary prior to securing a location for all Sites and premises, and, after our approval of a Site, demographic and/or other factors included in or excluded from our criteria could change to alter the potential of a Site and premises; and (d) the uncertainty and instability of such criteria are beyond our control, and we your Massage Envy Business. You will not be responsible for incurring the failure costs associated with retaining the expediter. We will inform you of a Site those jurisdictions where an expediter is necessary and premises we have recommended or approved to meet expectations as to potential revenue or operational criteriathe name of the designated expediter.

Site Selection. Within 180 days after signing The parties hereby acknowledge that this Section 4.1 shall not apply to any Store identified on Schedule A as having been opened prior to the date of this Agreement, you (with or without . You must obtain our assistance) must locate a Site that we (in our sole judgment) have approved and signed a lease that we have indicated is acceptable to us. If you and we have agreed on a Site and Trade Area as of the date you sign this Agreement, it will be designated on Exhibit C at this time. Otherwise, they will be designated on Exhibit C upon our written approval of the Site Premises before you sign a lease for or begin construction of the Premises. Our approval of the Premises is based and Trade Area. The Site must meet our criteria for made in reliance upon information you furnish and representations you make to us (all of which we assume you have carefully and fully considered in proposing the location of a Restaurant (which may or may not include demographic characteristics, traffic patterns, parking, character of neighborhood, competition from and proximity Premises to other businesses and other EVOS® Restaurants, the nature of other businesses in proximity us) with respect to the Site and other commercial characteristics and the size, appearance and other physical characteristics of the proposed SitePremises, photographs of the Premises, and any demographic characteristics, traffic patterns, competition from other factors or businesses in the area (including other ▇▇▇. ▇▇▇▇▇▇ Retail Outlets) and other commercial characteristics we consider appropriate(including the purchase price, rental obligations, and other lease terms). Our criteria, and our evaluation of them, may vary periodically and from location to location. If you and we are unable to agree on a location for the Site, or you have not obtained a fully signed lease agreement for the Site, within 180 days of the Agreement Date, we may terminate this Agreement. We will approve or disapprove a Site you propose for a Restaurant within 30 days after we receive from you a complete Site report and any other materials we request. As part of our approval process, you must conduct and provide to us a site selection analysis performed by us or our designee. The fee for one such site selection analysis is included with your Franchise Fee. For the second and each subsequent site selection analysis, if requested by you or if deemed necessary and required by us, you must pay to us or our designee our then current site selection fee. If you have not heard from us within such 30-day period, the Site is deemed disapproved. No Site or Trade Area will be deemed approved by us until we provide to you Exhibit C with that Site and Trade Area designated in it and Exhibit C is signed by both you and us. You acknowledge and agree that: (a) our recommendation or approval of the Site, Premises and any information communicated to you regarding the Site communicated to you, Premises do not constitute a an express or implied representation or warranty of any kind, express or implied, kind as to the suitability of the Site Premises for an EVOS® Restaurant a ▇▇▇. ▇▇▇▇▇▇ Cookie Store or for any other purpose; (b) our recommendation or . Our approval of the Site Premises indicates only that we believe that the Site Premises falls within the acceptable our criteria for Sites and premises that we have established as of the time of our recommendation or approval of period encompassing the Site; (c) evaluation. Both you and we acknowledge that application of criteria that have appeared been effective with respect to other sites and premises may not accurately reflect predict the potential results for all Sites a specific site and premisesthat, and, after subsequent to our approval of a Sitesite and Premises, demographic and/or economic factors, including competition from other factors cookie, bakery, snack food and dessert restaurants and retail outlets and similar food service businesses, included in or excluded from our criteria criteria, could change to alter change, thereby altering the potential of a Site and premises; and (d) the site. The uncertainty and instability of such the factors included in the criteria are beyond our control, control and we will not be responsible to you for the failure of a Site and premises we have recommended or approved the Premises to meet expectations as to potential revenue or operational criteria. Your acceptance of a Franchise for the operation of a ▇▇▇. ▇▇▇▇▇▇ Cookie Store at the Premises is based on your own independent investigation of the suitability of the Premises.