Buffalo Wild Wings 2005 Annual Report Download - page 93

F. Signage. The outdoor signage at your Restaurant must comply with
our then current specifications, which we may modify and change from
time to time due to modifications to the System, including changes
to the Trademarks. You must make such changes to the outdoor signage
as we require. We will pay for 1/3 of the cost to replace your
outdoor signage if: (i) your Restaurant's sign is less than 2 years
old and (ii) we require that you replace the sign within one year
from the date of notification. In any case, your failure to replace
the signage within 15 months from the date of notification will
constitute a default of this Agreement under Paragraph 13. Any
upgrades to the type or size of your outdoor signage will be at your
expense. Your costs for the signage will be included in the Maximum
Modernization Amount under subparagraph 5.E.
PRODUCTS AND OPERATIONS STANDARDS AND REQUIREMENTS
6. You must implement and abide by our requirements and
recommendations directed to enhancing substantial System uniformity. The
following provisions control with respect to products and operations:
A. Authorized Menu. Your business must be confined to the
preparation and sale of only such Menu Items and other food and
beverage products as we designate and approve in writing from time
to time for sale by your Restaurant. You must offer for sale from
the Restaurant all items and only those items listed as Menu Items
and other approved food and beverage products. We have the right to
make modifications to these items from time to time, and you agree
to comply with any modifications. You may not offer or sell any
other product or service at the Authorized Location without our
prior written consent.
B. Authorized Products and Ingredients. You must use in the
operation of the Restaurant and in the preparation of Menu Items and
other food and beverage products only the proprietary sauces and
mixes and other proprietary and non−proprietary ingredients,
recipes, formulas, cooking techniques and processes and supplies,
and must prepare and serve Menu Items and products in such portions,
sizes, appearance, taste and packaging, all as we specify in our
most current product preparation materials or otherwise in writing.
We will supply to you a copy of the current product preparation
materials prior to opening the Restaurant. You acknowledge and agree
that we may change these periodically and that you are obligated to
conform to the requirements. All supplies, including containers,
cups, plates, wrapping, eating utensils, and napkins, and all other
customer service materials of all descriptions and types must meet
our standards of uniformity and quality. You acknowledge that the
Restaurant must at all times maintain an inventory of ingredients,
food and beverage products and other products, material and supplies
that will permit operation of the Restaurant at maximum capacity.
C. Approved Supplies and Suppliers. We will furnish to you from time
to time lists of approved supplies or approved suppliers. You must
only use approved products, services, inventory, equipment,
fixtures, furnishings, signs, advertising materials, trademarked
items and novelties, and other items or services (collectively,
"approved supplies") in connection with the design, construction and
operation of the Restaurant as set forth in the approved supplies
and approved suppliers lists, as we may amend from time to time.
Although we do not do so for every item, we have the right to
approve the manufacturer, distributor and/or supplier of approved
supplies and in some instances, require that you use designated
sources or suppliers. Along with a number of other approval
criteria, to be an approved supplier, the supplier must have the
ability to provide the product and/or service, on a national basis,
to at least 80% of the then existing Restaurants. You acknowledge
and agree that certain approved supplies may only be available from
one source, and we or our affiliates may be that source. All
inventory, products, materials and other items and supplies used in
the operation of the Restaurant that are not included in the
approved supplies or approved suppliers lists must conform to the
specifications and standards we establish from time to time.
ALTHOUGH APPROVED OR DESIGNATED BY US, WE AND OUR AFFILIATES MAKE NO
WARRANTY AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES
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