Buffalo Wild Wings 2005 Annual Report Download - page 94

OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WITH
RESPECT TO SERVICES, PRODUCTS, EQUIPMENT (INCLUDING, WITHOUT
LIMITATION, ANY REQUIRED COMPUTER SYSTEMS), SUPPLIES, FIXTURES,
FURNISHINGS OR OTHER APPROVED ITEMS. IN ADDITION, WE DISCLAIM ANY
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES RENDERED
OR PRODUCTS FURNISHED BY ANY SUPPLIER APPROVED OR DESIGNATED BY US.
OUR APPROVAL OR CONSENT TO ANY SERVICES, GOODS, SUPPLIERS, OR ANY
OTHER INDIVIDUAL, ENTITY OR ANY ITEM SHALL NOT CREATE ANY LIABILITY
TO US.
D. Computer System. You must purchase and use any computer system
that we develop or select for the Restaurant, including all future
updates, supplements and modifications (the "Computer System"). Any
updates, supplements or modifications are not subject to or part of
the Maximum Modernization Amount defined in subparagraph 5.E. The
Computer System may include all hardware and software used in the
operation of the Restaurant, including electronic point−of−sale cash
registers and back office programs used to record, analyze and
report sales, labor, inventory and tax information. The computer
software package developed for use in the Restaurant may include
proprietary software. You may be required to license the proprietary
software from us, an affiliate or a third party and you also may be
required to pay a software licensing or user fee in connection with
your use of the proprietary software. All right, title and interest
in the software will remain with the licensor of the software. The
computer hardware component of the Computer System must conform to
specifications we develop. We reserve the right to designate a
single source from whom you must purchase the Computer System. You
acknowledge and agree that we will have full and complete access to
information and data entered and produced by the Computer System.
You must, at all times, have at the Authorized Location internet
access with a form of high speed connection as we require and you
must maintain: (i) an email account for our direct correspondence
with the Control Person; and (ii) a separate email account for the
Restaurant.
E. Serving and Promotional Items. All sales promotion material,
customer goodwill items, cartons, containers, wrappers and paper
goods, eating and serving utensils and other items, and customer
convenience items used in the sales promotion, sale and distribution
of products covered by this Agreement are subject to our approval
and must, where practicable, contain one or more of the Trademarks.
We may require you to carry and offer for sale in the Restaurant a
representative supply of approved trademarked clothing and other
novelty items, including special promotional items that we develop
and market from time to time.
F. Health and Sanitation. Your Restaurant must be operated and
maintained at all times in compliance with any and all applicable
health and sanitary standards prescribed by governmental authority.
You also must comply with any standards that we prescribe. In
addition to complying with such standards, if the Restaurant is
subject to any sanitary or health inspection by any governmental
authorities under which it may be rated in one or more than one
classification, it must be maintained and operated so as to be rated
in the highest available health and sanitary classification with
respect to each governmental agency inspecting the same. In the
event you fail to be rated in the highest classification or receive
any notice that you are not in compliance with all applicable health
and sanitary standards, you must immediately notify us of such
failure or noncompliance.
G. Evaluations. We or our authorized representative have the right
to enter your Restaurant at all reasonable times during the business
day for the purpose of making periodic evaluations and to ascertain
if the provisions of this Agreement are being observed by you, to
inspect and evaluate your building, land and equipment, and to test,
sample, inspect and evaluate your supplies, ingredients and
products, as well as the storage, preparation and formulation and
the conditions of sanitation and cleanliness in the storage,
production, handling and serving. If we determine that any condition
in the Restaurant presents a threat to customers or public health or
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