Buffalo Wild Wings 2005 Annual Report Download - page 84

are entering into this Agreement totally or partially based on the
financial qualifications, experience, skills or managerial
qualifications of any person or entity who directly or indirectly
owns less than a 10% interest in the franchisee, we have the right
to designate that person or entity as a Principal Owner for all
purposes under this Agreement. In addition, if the franchisee is a
partnership entity, then each person or entity who, now or hereafter
is or becomes a general partner is a Principal Owner, regardless of
the percentage ownership interest. If the franchisee is one or more
individuals, each individual is a Principal Owner of the franchisee.
Each franchisee must have at least one Principal Owner. Your
Principal Owner(s) are identified on the Ownership and Management
Addendum attached to this Agreement. Every time there is a change in
the persons who are your Principal Owners, you must, within 10 days
from the date of each such change, update the Ownership and
Management Addendum. As used in this Agreement, any reference to
Principal Owner includes all Principal Owners.
E. "Restaurant" means the BUFFALO WILD WINGS Restaurant you develop
and operate pursuant to this Agreement.
F. "System" means the BUFFALO WILD WINGS System, which consists of
distinctive food and beverage products prepared according to special
and confidential recipes and formulas with unique storage,
preparation, service and delivery procedures and techniques, offered
in a setting of distinctive exterior and interior layout, design and
color scheme, signage, furnishings and materials and using certain
distinctive types of facilities, equipment, supplies, ingredients,
business techniques, methods and procedures together with sales
promotion programs, all of which we may modify and change from time
to time.
G. "Trademarks" means the BUFFALO WILD WINGS Trademark and Service
Mark that have been registered in the United States and elsewhere
and the trademarks, service marks and trade names set forth on
Appendix A, as we may modify and change from time to time, and the
trade dress and other commercial symbols used in the Restaurant.
Trade dress includes the designs, color schemes and image we
authorize you to use in the operation of the Restaurant from time to
time.
H. "Unit General Manager" means the individual who (i) personally
invests his or her full time and attention and devotes his or her
best efforts to the on−premises general management of the day−to−day
operations of the Restaurant, (ii) meets our prior restaurant or
retail management experience requirements, and (iii) does not
participate in the active operation or management of any business
other than the Restaurant. The Unit General Manager must be
appointed at least 60 days prior to the Restaurant opening, fully
trained 20 days prior to the Restaurant opening and is or will be
identified on the Ownership and Management Addendum attached to this
Agreement.
GRANT OF LICENSE
2. The following provisions control with respect to the license
granted hereunder:
A. Authorized Location. We grant to you the right and license to
establish and operate a retail Restaurant identified by the BUFFALO
WILD WINGS Trademarks or such other marks as we may direct, to be
located at a location to be determined, in accordance with this
subparagraph or a location to be designated within 90 days from the
date of this Agreement (the "Authorized Location"). When a location
has been designated by you and approved by us, it will become part
of this subparagraph 2.A as if originally stated. If an Authorized
Location is not designated by you and approved by us within 90 days
from the date of this Agreement, we have the right to declare this
Agreement null and void without the return of any Initial Franchise
Fee or other amounts paid to us. You accept the license and
undertake the obligation to operate the Restaurant at the Authorized
Location using the Trademarks and the System in compliance with the
terms and conditions of this Agreement.
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