Does the designation of preferred centers or areas in the Apricot Lane open license agreement guarantee the availability of a site?

• 1. The designation of preferred centers or areas is not a guarantee that any particular center is or will be available for development of a Specialty Store or that FRANCHISEE will be permitted by the lessor or FRANCHISOR to open the Franchised Business in such center(s) and/or geographic area. FRANCHISOR is not required to give preference to any particular franchisee over another, if both have open licenses and both have indicated preferences for the same center(s) or geographic area and may elect in its sole discretion which franchisee to finally approve for a particular center or area.
• 1. A suitable site must be secured by FRANCHISEE and approved by FRANCHISOR within ______ calendar months from date the Franchise Agreement is executed. By mutual agreement, extensions to this calendar period may be granted in three (3) calendar month increments by the issuance of a written letter from FRANCHISOR to FRANCHISEE and accepted in writing by FRANCHISEE. FRANCHISOR is not obligated to grant any extension of time and may decline to do so in its sole discretion.
• 1. If no suitable site is secured and approved in the time provided in Section 3 above or pursuant to any extensions of time granted and accepted, FRANCHISOR will be entitled to terminate the Franchise Agreement and retain the Five Thousand Dollar ($5,000) installment on the initial franchise fee paid by FRANCHISEE.

Source: Item 23 — RECEIPTS (FDD pages 51–222)