AMENDMENT TO CEC ENTERTAINMENT, INC. FRANCHISE AGREEMENT FOR THE STATE OF NORTH DAKOTAFranchise Agreement |
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Exhibit 10.34
AMENDMENT TO CEC ENTERTAINMENT, INC.
FRANCHISE AGREEMENT
FOR THE STATE OF NORTH DAKOTA
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”):
NORTH DAKOTA LAW MODIFICATIONS
1. The North Dakota Securities Commissioner requires that certain provisions contained in franchise documents be amended to be consistent with North Dakota law, including the North Dakota Franchise Investment Law, North Dakota Century Code Annotated Chapter 51-19, Sections 51-19-01 through 51-19-17 (1993). To the extent that the Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:
| a. | If Franchisee is required in the Agreement 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 Law, or a rule or order under the Law, such release shall exclude claims arising under the North Dakota Franchise Investment Law, and such acknowledgments shall be void with respect to claims under the Law. |
| b. | Covenants not to compete during the term of and upon termination or expiration of the Agreement are enforceable only under certain conditions according to North Dakota Law. If the Agreement contains a covenant not to compete that is inconsistent with North Dakota Law, the covenant may be unenforceable. |
| c. | The Commissioner has held that requiring franchisees to consent to the jurisdiction of courts outside of North Dakota is unfair, unjust or inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law. |
| d. | If the Agreement requires that a state’s law, other than the State of North Dakota govern it, to the extent that such law conflicts with the North Dakota Law, North Dakota Law shall control. |
| e. | If the Agreement requires mediation or arbitration to be conducted in a forum other than the State of North Dakota,
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