tures and equipment for the Units and that Licensee shall not hold Licensor responsible for any delays caused by such third parties.

6.3. Opening and Operation of Bakery.

• (a) Except as otherwise provided in this Agreement, Licensee shall fully comply with all requirements set forth in this Agreement, the Manuals and other written policies supplied to Licensee by Licensor.
• (b) Licensee shall commence operation of the Bakery no later than ____________________, or the date Licensee begins any other food and beverage operations under the Lease, whichever is sooner. Prior to the Opening Date, Licensee shall have (i) successfully completed all required training; (ii) procured all necessary licenses, permits, and approvals, including, but not limited to, construction permits; (iii) hired and trained personnel; (iv) made all leasehold improvements; and (v) acquired initial inventory. If Licensee for any reason fails to commence operation as herein provided, unless Licensee is precluded from doing so by Force Majeure (as defined below), such failure shall be considered a material default and Licensor may terminate this Agreement as herein provided. Licensor will provide Licensee with on-site support for a period of one (1) week commencing with the Grand Opening of the Bakery, at no additional cost to Licensee.
• (c) Licensee shall keep the Bakery open and in normal operation for the minimum hours and days specified by Licensor, as permitted by applicable laws and the Lessor. Licensee shall, continuously and uninterruptedly from and after the Opening Date, operate and conduct within the Facility the business which it is permitted to operate and conduct under the provisions hereof, except while the Facility is untenable by reason of fire or other casualty, repairs, remodeling, Force Majeure or other unavoidable interruptions, and that it shall fully utilize the Facility for its business at this location.
• (d) Force Majeure is defined as acts of God, strikes, lockouts or other industrial disturbances, war, riot, epidemic, fire or other natural catastrophe, terrorist acts or government actions resulting from terrorist acts, or other forces beyond Licensee's control which materially and adversely affect the condition or use of the Bakery or Facility premises for purposes of operating a Bruegger's Bakery.
• (e) Licensee shall maintain the condition and appearance of the premises of the Bakery consistent with Licensor's Standards. Subject to the approval of the Lessor, Licensee shall effect such maintenance of the Bakery as is from time to time reasonably required to maintain or improve the appearance and efficient operation of the Bakery including but not limited to replacement, of worn out or obsolete fixtures and signs, repair of the exterior and interior of the premises of the Bakery and purchasing and installation of new or modified equipment. If at any time in Licensor's judgment the general state of repair or the appearance of the premises of the Bakery or its equipment, fixtures, signs or décor does not meet Licensor's Standards, Licensor shall so notify Licensee, specifying the action to be taken by Licensee to correct such deficiency.

Source: Item 22 — CONTRACTS (FDD page 61)