What are the development conditions for a Buff City Soap franchise, as outlined in the FDD?

to which are acquired by Franchisor or its Affiliates pursuant to, as the result of, or in connection with a merger with or acquisition by any Entity or acquisition by Franchisor or its Affiliates of any Entity, including an asset transfer; and b) in such case, operate or grant to Persons the right to operate such Competitive Business as a Makery.

The rights granted under this Section 2(a) are limited to the right to develop Makeries and do not include (1) any right to subfranchise, sublicense, subcontract, share, divide or partition this Agreement or any rights hereunder; (2)and right to sell Products identified by the Marks at any location or through any other channels or methods of distribution, including the Internet (or any other existing or future form of electronic commerce), other than at Makeries within the Territory; (3) any right to sell Products identified by the Marks to any Person for resale or further distribution; or (4) any right to exclude, control or impose conditions on Franchisor's development or operation of franchised, Affiliate or company-operated Makeries (whether under the Marks or different trade names or trademarks) at any time or at any location outside of the Territory.

• (b) Reserved Rights. Franchisor retains all rights inside and outside the Territory except those that are expressly granted to Developer in this Agreement. Without limiting Franchisor's and its Affiliates' rights described in this Section 2(b), Franchisor and its Affiliates and any other authorized Person may, among other things:
  • (1) Advertise and promote the System within and outside the Territory;
• (2) Operate, and license others to operate, Buff City Soap Makeries at any location outside the Territory, including locations that are adjacent to the Territory;
• (3) Except for the restriction against the establishment of another Buff City Soap Makery in the Territory, offer and sell, and authorize others to offer and sell, approved collateral products and services, including those offered and sold at Buff City Soap Makeries (such as the Products and other Buff City Soap merchandise), under the Marks or other trademarks at or from any location or through any channel of distribution (including, but not limited to, grocery stores, club stores, convenience stores, wholesale, hospitals, health care facilities and fitness centers, airports, salons, business (e.g. office building), military installations, military commissaries, universities, schools, the Internet (or any other existing or future form of electronic commerce), other retail locations and other retail facilities such as kiosks or multi-brand facilities providing a limited number or representative sample of the products and services normally offered by an Buff City Soap Makery);
• (4) Establish and operate, and license others to establish and operate, any business other than a Buff City Soap Makery, including other retail stores or retail-related businesses, under the Marks or under other marks, including retail stores or other businesses that Franchisor or its Affiliates may operate, acquire, be acquired by, or be merged or consolidated with; and;
• (5) Establish and operate, and license others to establish and operate, Buff City Soap Makeries and other retail facilities in any Reserved Area whether or not located within the Territory.
• 3. TERM. Unless sooner terminated in accordance with this Agreement, the Term will commence on the Effective Date described in the Summary Page and will expire on the earlier of the expiration date set forth in the Summary Page or the date upon which Developer opens for operation the cumulative number of MAKERIES in the Territory set forth in the Development Schedule.

4. DEVELOPMENT SCHEDULE.

• (a) Development Schedule. Developer will exert its best efforts and take all steps necessary and consistent with this Agreement to fully develop the Makeries in the Territory. Without limiting the foregoing, Developer must have open and operating in the Territory, pursuant to Franchise Agreements, the cumulative number of Makeries by the corresponding dates as set forth in the Development Schedule. Developer must execute Franchisor's then-current form of Franchise Agreement for each Makery and open each such Makery by the Opening Date set forth in the applicable Franchise Agreement, provided that such Opening Date will not modify the cumulative number of Makeries that Developer must have open and operating as of the expiration of each Development Period.
• (b) Investment. Developer acknowledges that: (1) the estimated expenses and initial investment requirements for any Makery are subject to increase over time and future Makeries likely will involve greater initial investment and operating capital requirements; and (2) it is required to open all of the Makeries on the dates set forth in the Development Schedule regardless of the requirement of a greater investment, the financial condition or performance of Developer's then-existing Makeries or any other circumstances, financial or otherwise.

Source: Item 23 — Receipts (FDD pages 69–186)