What criteria must the site for the Aira Fitness Business meet?

You must operate the Aira Fitness Business only at the location identified, or to be identified on the Summary Page (the "Authorized Location").

If the Authorized Location is not known at the time this Agreement is signed, you must acquire an acceptable site for the Aira Fitness Business premises no later than ninety (90) days from the Effective Date of this Agreement, at which time you authorize us to insert the Authorized Location on the Summary Page.

You must identify a site for the Aira Fitness Business that meets our site selection criteria and that is located within the Preliminary Designated Area identified in the Summary Page (see Section 5.A).

The parties acknowledge and agree that our site approval is not an assurance that the Aira Fitness Business will achieve a certain sales volume or level of profitability; it means only that the proposed site meets our minimum site selection criteria.

It is solely your responsibility to obtain satisfactory evidence and/or assurances that the Aira Fitness Business premises (and any structures thereon) is free from environmental contamination and is in compliance with the requirements of the ADA and other applicable laws.

If you propose to occupy the Aira Fitness Business premises pursuant to a lease or sublease ("Lease"), the Lease may not prevent you from performing your obligations under this Agreement, and must permit us to exercise our rights pursuant to this Agreement.

The Lease must be approved by usin writing before it is executed by you and we may condition our approval of a proposed site on the full execution of a Lease Addendum substantially in the form attached as Attachment E to this Agreement.

You must construct and equip the Aira Fitness Business in strict accordance with our current approved specifications and standards pertaining to equipment, signage, fixtures and design and layout of the building.

You must purchase from us or the approved supplier all items.

You may not commence construction of the Aira Fitness Business until you have received our written consent to your plans.

Without limiting the generality of the foregoing, you must promptly after obtaining possession of the site for the Aira Fitness Business (i) have prepared and submitted for our approval basic plans and specifications consistent with our general design and layout requirements as set forth from time to time in the manuals for an Aira Fitness Business; (ii) purchase or lease and then use only the approved equipment, fixtures, furniture and signs; (iii) complete the equipment, fixtures, furniture and sign installation and decorating of the Aira Fitness Business in full compliance with plans and specifications we approve and all applicable ordinances, building codes and permit requirements without any unauthorized alterations; (iv) obtain all necessary permits, licenses and architectural seals and comply with applicable legal requirements relating to the building, signs, equipment and premises, including, but not limited to, the Americans With Disabilities Act; and (v) obtain and maintain all required zoning changes, building, utility, sign permits and licenses and any other required permits and licenses.

Source: Item 23 — **RECEIPTS (FDD pages 59–254)