What specifications does Beyond Juicery Eatery provide for restaurant development, and is there a charge for these?

be afforded in law or in equity.

4. RESTAURANT LOCATION; LEASE

4.01 You shall not relocate your Restaurant from the Location without our consent. If we approve the relocation of your Restaurant Location, you shall pay a relocation fee to us equal to fifty percent (50%) of the then-current initial franchisee fee for the sale of a new franchise.

4.02 You are solely responsible for selecting a suitable site for your Restaurant subject to our approval using the site selection criteria in our Operations Manual with the assistance of a commercial real estate broker of your choosing who is approved by us. You must submit to us a description of the proposed site together with evidence satisfactory to us that confirms your favorable prospects for obtaining the proposed site. You must supply the required Development Materials that outline all of the information needed by us to review a proposed site. You must use the real estate site analysis services of our Approved Supplier to evaluate your proposed site. We will give you written notice of approval or disapproval of the proposed site within forty-five (45) days after receiving your written proposal. The factors we generally consider in approving the proposed site for the Location may include, but are not limited to, the following: (i) general location; (ii) traffic patterns; (iii) rent expense; (iv) demographics; (v) equipment and services located at the site; (vi) leasehold improvement costs; (vii) ability to reflect image to be portrayed by "Beyond Juicery + Eatery" Restaurants; (viii) parking; and (ix) other data and information we receive from proprietary software that we use. Notwithstanding the preceding factors, we have the right to approve or disapprove of a proposed site in our sole and absolute discretion. You must select a Location we approve within one hundred twenty (120) days after the execution of the Franchise Agreement. We may cancel the Franchise Agreement in our sole discretion and option if you fail to select a Location acceptable to us within this timeframe. Any advice we provide and our approval of your Location is not a representation, warranty, or evaluation that we believe or that your Location will be a profitable or successful. You are solely responsible for the financial risks and rewards related to the Location you select. We have no obligation or duty and are not responsible or liable to you for any reason that results from the Location selected by you or the purchase or lease of your Location, all of which could lose money and fail. We have the right to review and consent to your Lease prior to the execution of the Lease and reserve the right to charge you a fee for such review. You represent that the Lease as consented to by us shall be executed by all necessary parties within ten (10) days following receipt of our consent. You shall furnish us a

complete copy of the fully-executed Lease with Conditional Assignment of Lease within ten (10) days after execution. Unless you obtain fee simple title to the Location, you and the landlord must sign the Conditional Assignment of Lease attached as Exhibit G. We recommend that you submit the Conditional Assignment of Lease to the landlord at the beginning of your Lease negotiations, although the terms of the Conditional Assignment of Lease may not be negotiated without our prior approval. If the landlord requires us to negotiate the terms of the Conditional Assignment of Lease, we reserve the right to charge you a fee, which will not exceed our actual costs associated with the negotiation. We have no responsibility for the Lease; it is your sole responsibility to evaluate, negotiate, and enter into the Lease for your Restaurant Location. If you obtain fee simple title to the Location, you must sign the Real Estate Option to Purchase attached as Exhibit H.

4.03 Notwithstanding the terms of Section 4.02, you shall:

• A. Deliver to us, immediately after delivery to or by you, any notice of default under the Lease which threatens or purports to terminate the Lease or your rights of possession under the Lease or result in a foreclosure thereof;
• B. Permit us to enter your Restaurant Location to protect our Trademarks or the System or to cure any default under this Agreement or the Lease, all at your expense; and
  • C. Not amend the Lease in any way without our prior written approval.
• 4.04 You must execute and provide us an executed copy of the Lease (including an executed copy of the Conditional Assignment of Lease) or the purchase agreement for the selected and approved Location in accordance with Section 4.02 of this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 60–337)