【正文】
39。s financial capacity to perform the additional development obligations set forth in the new Master Franchise agreement.(c) Subfranchisor and its Subfranchisees shall collectively continue to operate, in the Development Area, an aggregate number of [FRANCHISED BUSINESSES] equal to or greater than the number required by the Minimum Development Obligation to be owned and operated by Subfranchisor and the Subfranchisees at the expiration of the Term.3. MASTER FRANCHISEE39。s standard operational methods and procedures as prescribed from time to time in the Manuals. As used herein, the term “Manuals” shall be deemed to include the Manuals so delivered to Subfranchisor, all amendments thereto, and all supplemental bulletins, notices and memoranda which prescribe standard methods or techniques of operation, and which Company may from time to time deliver to Subfranchisor. The provisions and requirements set forth in the Manuals, and any additions, deletions or revisions thereto, shall not in any event alter Subfranchisor39。s obligations pursuant to Section , that (a) Subfranchisor shall have performed all of its obligations under and pursuant to this Agreement and all other agreements between Subfranchisor and Company, including but not limited to the Area Development Agreements and all Franchise Agreements entered into between Company and Subfranchisor。s Franchise Sites, and Execution of Franchise Agreement(a) Each Subfranchisor Franchise opened by Subfranchisor pursuant to this Agreement shall be the subject of a separate Franchise Agreement between Subfranchisor and Company upon the Company39。s election, for all travel, lodging, meals, and other living expenses, reasonably incurred by Company and its employees.(f) Any visits by Company to Subfranchisor39。s new development obligation consistent with Company39。s processes, trade secrets and procedures for the operation of [FRANCHISED BUSINESS], including advertising, sales techniques, materials, signs, exterior decoration and decor, personnel management and control systems, bookkeeping and accounting methods, and in general, a style, system and method of business operation developed through and by reason of its prior business experience (the “System”).WHEREAS, Company desires to expand and develop the Franchised Business, and seeks a Master Franchisee who will open and operate, or procure and assist Subfranchisee s (“Subfranchisees”) to open and operate, numerous [FRANCHISE NAME] conducting business under the Trademarks and System within the Development Area, as defined herein.WHEREAS, Subfranchisor desires to build and operate [FRANCHISE NAME], and procure, qualify, train and assist Subfranchisees to build and operate [FRANCHISED BUSINESS], and Company desires to grant to Subfranchisor the right to build and operate, and procure, qualify, train and assist the Subfranchisees to build and operate, [FRANCHISED BUSINESS] in accordance with the terms and upon the conditions contained in this Agreement. NOW, THEREFORE, based on the above premises and in consideration of the covenants and agreements contained herein, and intending to be legally bound, the parties agree hereto as follows:1. GRANT OF MASTER FRANCHISECompany hereby grants to Subfranchisor, and Subfranchisor hereby accepts, the right during the Term to open and operate [FRANCHISED BUSINESS], and to procure, screen, qualify, train and assist Subfranchisees to open and operate [FRANCHISED BUSINESS], in the Development Area more fully described in Exhibit “A” which is annexed hereto and by this reference made a part hereof, upon the terms and subject to the conditions of this Agreement.2. AGREEMENT TERMThe term of this Agreement shall be for the period (the Term), mencing as of the date of this Agreement. Each year of the Term, as measured from the date of this Agreement, is a Contract Year. Additional DevelopmentIf Company shall determine that further development of the Development Area following the Term is desirable, Company shall notify Subfranchisor in writing at least [NUMBER OF MONTHS] prior to the expiration of the Term, of Company39。S DEVELOPMENT OBLIGATION Minimum Development Obligation(a) Subfranchisor shall construct, equip, open and continue to operate, and procure, screen, qualify, train and assist Subfranchisees to construct, equip, open and operate, within the Development Area, not less than the cumulative number of [FRANCHISED BUSINESSES] set forth in Exhibit “B”, which is annexed hereto and by this reference made a part hereof, in the manner and within each of the time periods (the “Development Periods”) specified therein (the “Minimum Development Obligation”).(b) Each Franchise opened within the Development Area shall be the subject of a separate agreement. In the case of Subfranchisor franchises, the Company and Subfranchisor shall enter into a Franchise Agreement. In the case of [FRANCHISED BUSINESSES] operated by Subfranchisees who are procured, qualified, trained and assisted by Subfranchisor pursuant hereto, Subfranchisor and such third party Subfranchisees shall enter into a Subfranchise Agreement.(c) Franchises which are the subject of a Franchise Agreement or Subfranchise Agreement executed pursuant hereto, whether by Subfranchisor or by a Subfranchisee, shall be counted in determining whether the Minimum Development Obligation shall have been met within the applicable Development Period. Force MajeureThe duties and obligations of the parties hereunder may be suspended upon the occurrence and continuation of any Event of Force Majeure which inhibits or prevents performance hereunder, and for a reasonable startup period thereafter. An Event of Force Majeure shall mean any act, cause, contingency or circumstance beyond the reasonable control of such party (whether or not reasonably foreseeable), including, without limitation, to the extent beyond the reasonable control of such party, any governmental a