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Exhibit
10.33
AMENDMENT TO CEC
ENTERTAINMENT, INC.
FRANCHISE AGREEMENT AND
OFFERING CIRCULAR
FOR THE STATE OF
MINNESOTA
The CEC Entertainment, Inc.
Franchise Agreement between
(“Franchisee” or “You”) and CEC
Entertainment, Inc. (“Franchisor”) dated
(the “Agreement”) shall be amended by the addition of
the following language, which shall be considered an integral part
of the Agreement (the “Amendment”):
MINNESOTA LAW
MODIFICATIONS
1. The Commissioner of
Commerce for the State of Minnesota requires that certain
provisions contained in franchise documents be amended to be
consistent with Minnesota Franchise Act, Minn. Stat.
Section 80.01 et seq., and of the Rules and Regulations
promulgated under the Act (collectively the “Franchise
Act”). To the extent that the Agreement and Offering Circular
contain provisions that are inconsistent with the following, such
provisions are hereby amended:
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a. |
The Minnesota Department of Commerce requires that Franchisor
indemnify Minnesota Franchisees against liability to third parties
resulting from claims by third parties that Franchisee’s use
of the Proprietary Marks infringes trademark rights of the third
party. Franchisor does not indemnify against the consequences of
Franchisee’s use of the Proprietary Marks except in
accordance with the requirements of the Agreement, and, as a
condition to indemnification, Franchisee must provide notice to
Franchisor of any such claim within ten (10) days after the
earlier of (i) actual notice of the claim or (ii) receipt
of written notice of the claim, and must therein tender the defense
of the claim to Franchisor. If Franchisor accepts the tender of
defense, Franchisor has the right to manage the defense of the
claim including the right to compromise, settle or otherwise
resolve the claim, and to determine whether to appeal a final
determination of the claim. If the Agreement and/or the Offering
Circular contains a provision that is inconsistent with the
Franchise Act, the provisions of the Agreement shall be superseded
by the Act’s requirements and shall have no force or
effect. |
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b. |
Franchise Act, Sec. 80C.14, Subd. 4., requires, except in
certain specified cases, that Franchisee be given written notice of
a Franchisor’s intention not to renew 180 days prior to
expiration of the franchise and that Franchisee be given sufficient
opportunity to operate the franchise in order to enable Franchisee
the opportunity to recover the fair market value of the franchise
as a going concern. If the Agreement and/or the Offering Circular
contains a provision that is inconsistent with the Franchise Act,
the provisions of the Agreement shall be superseded by the
Act’s requirements and shall have no force or
effect. |
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