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Exhibit
10.35
AMENDMENT TO CEC
ENTERTAINMENT, INC.
FRANCHISE
AGREEMENT
FOR THE STATE OF NEW
YORK
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”):
NEW YORK LAW
MODIFICATIONS
1. The New York Department of
Law requires that certain provisions contained in franchise
documents be amended to be consistent with New York law, including
the General Business Law, Article 33, Sections 680 through 695
(1989). To the extent that the Agreement contains provisions that
are inconsistent with the following, such provisions are hereby
amended:
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a. |
If the Agreement requires Franchisee to execute a release of
claims or to acknowledge facts that would negate or remove from
judicial review any statement, misrepresentation or action that
would violate the General Business Law, or any regulation, rule or
order under the Law, such release shall exclude claims arising
under the New York General Business Law, Article 33,
Section 680 through 695 and the regulations promulgated
thereunder, and such acknowledgments shall be void. It is the
intent of this provision that non-waiver provisions of Sections
687.4 and 687.5 of the General Business Law be
satisfied. |
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b. |
If the Agreement requires that it be governed by a
state’s law, other than the State of New York, the choice of
law provision shall not be considered to waive |
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