Buffalo Wild Wings 2005 Annual Report Download - page 171

forth in the Development Schedule and you do not have months in your bank
to offset the missed deadline or (ii) two consecutive Restaurants on or
before the dates set forth in the Development Schedule regardless of
whether you have months in your bank to offset the missed deadline, you
shall, within sixty (60) days after the missed deadline, hire a new
development executive; provided, however, that prior to hiring the new
development executive, you must also obtain our written approval. We shall
have no liability in connection with or related to our approval (or
revocation thereof) or the performance of your development executive.
Prior to opening your eighth Restaurant under the Development Agreement,
you must employ, and maintain for the remaining term of this Addendum, a
professional training executive, who has completed to our satisfaction our
training requirements and otherwise meets our training executive standards.
Your training executive also must attend and successfully complete any
ongoing training we may require. Your training executive will be
responsible for supervising the training of your employees and the opening
of your Restaurants. You must replace your professional training executive
if he is unable to perform the functions necessary to satisfy your
obligations under this Addendum and the Development Agreement.
5. Training Facilities. One of the first 3 Restaurants you develop must
contain facilities, approved by us, adequate for the proper training of
employees who work at your Restaurants (a "Training Store"). You must have
one approved Training Store for every 12 Restaurants you develop under the
Development Agreement and this Addendum. Once developed, a Training Store
must remain open for the remaining term of the Development Agreement.
It is the intention of the parties that, by the time you open your fourth
Restaurant under the Development Agreement and this Addendum, you will be
self−sufficient with respect to the training of your Restaurant Employees
and the opening of your Restaurants. We require that by the time you are
ready to go through the training for your third Restaurant under the
Development Agreement, you must have at least one certified trainer in a
front of house position and one certified trainer in a heart of house
position to assist us in providing the training for the third Restaurant
under the Development Agreement. By the time you are ready to go through
the training for your fourth Restaurant under the Development Agreement,
you must have at least 2 certified trainers in front of house positions, 3
certified trainers in heart of house positions and one certified manager to
supervise the five certified trainers to provide all the training necessary
to open the fourth and any subsequent Restaurant under the Development
Agreement. All the certified trainers and managers must be previously
approved by us and we can withdraw such approval at any time. We do not
have any obligation to provide training and opening assistance for the
fourth and subsequent Restaurants under the Development Agreement. All
training must comply with our requirements and must be completed to our
satisfaction. We shall have no liability in connection with or related to
our approval (or revocation thereof), the operation or performance of any
Training Store, training executive, or any training program.
6. Management Structure. Prior to the opening of your third Restaurant, you
must submit and receive our approval for your regional operational
management structure for all Restaurants to be opened under this Addendum.
7. Compliance Month Bank. To assist you in remaining in compliance under the
Development Schedule, you will have a bank of months to cover a late
opening of a Restaurant. You will begin with a credit of ___ months. For
each month that you open a Restaurant prior to the scheduled opening date,
one month will be added to your bank. Partial months are credited and
deducted as half months. If any Restaurant is opened after its scheduled
opening date, months will be deducted from your bank and, provided that you
have a sufficient number of months available in your bank to cover the
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