Area Development Agreement
No renouncement of the company to a violation or series of violations or a series of performance violations or losses by the developer and no negligence, refusal or negligence of the company to exercise a right, power or option granted to it under or under another franchise agreement between the company and the developer , whether before, after or at the same time with the implementation of this agreement (and whether it is related to the Diedrich Coffeehouses) or to the strict implementation or strict compliance of this agreement of the developers` obligations under this agreement or to a franchise agreement between the company and the developer, whether it was concluded before, after or at the same time with the execution of this agreement (and whether or not related to the Diedrich. , constitutes a waiver of the provisions of this agreement with respect to any subsequent violation of that agreement or a waiver of the company`s right at any time after requiring that the provisions of this agreement be respected in a precise and rigorous manner. This agreement and the exhibits contained in it contain all the conditions agreed by the parties with respect to the purpose of this agreement. Other agreements relating to the purpose of this Agreement, either in writing or orally, are considered to exist or will bind your parties, and all prior agreements, agreements and assurances will be merged and replaced here. The developer believes that there are no simultaneous agreements or agreements between the parties on the purpose of this contract that are not included in this Agreement. No official, employee or representative of the company is authorized to provide insurance or a commitment that is not included in this agreement or in an offer circular for potential franchisees required by applicable legislation, and the developer agrees that he has executed the agreement without the need for such a commitment. This agreement can only be amended or amended in writing and the signature of all parties. one. Upon implementation of this agreement, the MRD pays the franchisor $40,000 ($40,000) in credits against the initial franchise fees of the first restaurant to be developed and (ii) twenty thousand dollars ($20,000) multiplied by the remaining number of restaurants to be developed under this agreement. The balance ($20,000) is due to the proceeds of any remaining franchise agreement, all amounts recovered are considered to be fully earned immediately after receipt and are not refundable. Both the franchisor and the promoter of the territory can benefit from arbitration agreements included in franchise agreements, on the basis of the confidentiality inherent in private arbitration.
However, if the land developer does not participate in the arbitration agreement between the franchisor and the unit franchisee, the unit may be able to avoid arbitration by citing both franchisors and land developers as defendants. This could be the parties in the judicial system, which is what the franchisor might have tried to avoid by using the arbitration agreement in the first place.