Sample Business Contracts

Development Agreement for Chili's Grill and Bar Restaurant [Amendment] - Brinker International Inc. and NE Restaurant Co. Inc.

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          THIS AMENDMENT OF DEVELOPMENT AGREEMENT (this "Amendment") is executed
to be effective as of June 1, 1997 by and between BRINKER INTERNATIONAL, INC., a
Delaware corporation ("Brinker") and N.E. RESTAURANT COMPANY, INC., a Delaware
corporation ("NERCO")

                                 R E C I T A L S

          A. As of May 17, 1994, Brinker and NE Restaurant Company Limited
Partnership ("NERCO LP") entered into a certain Development Agreement (the
"Development Agreement") relating to certain rights to develop and operate
Chili's Grill and Bar restaurants.

          B. Pursuant to a certain Consent to assignment of Development
Agreement dated as of May 17, 1994 (the "Assignment"), NERCO assumed all of the
rights and obligations of NERCO LP under the Development Agreement and Brinker
consented to such assumption.

          C. NERCO has requested, and Brinker has agreed, that the development
schedule set forth in Section 111.B. of the Development Agreement be modified as
set forth herein.

          NOW THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt of which is hereby acknowledged, Brinker and
NERCO hereby agree as follows:

          1. EXTENSION OF DEVELOPMENT SCHEDULE. The development schedule set
forth in Section 111.B. of the Development Agreement is hereby replaced with the

                                      Cumulative Total Number Restaurants in
                                     the Territory Which Developer Shall Have
                                        Open and In Operation (Including 15
             -------                 ------------------------------------------
September 5, 1995                                         25
September 5, 1996                                         28
September 5, 1997                                         31
September 5, 1998                                         33
September 5, 1999                                         35
September 5, 2000                                         37
September 5, 2001                                         40

          2. RATIFICATION. Except as modified hereby, the Development Agreement
is unchanged and is hereby ratified and confirmed by the parties hereto.

          This Agreement is executed by the Brinker and NERCO to be effective as
of the date first set forth above.


                                      BRINKER INTERNATIONAL, INC.
                                      a Delaware corporation
                                      Print:  ROBERT F. THOMSON
                                      Title:  EXECUTIVE VICE PRESIDENT


                                      N.E. RESTAURANT COMPANY, INC.
                                      a Delaware corporation

                                      Print: PAUL V. HOAGLAND
                                      Title: VICE PRESIDENT