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9. Commitments and Contingencies
Operating Leases - The Company leases restaurant and office facilities
and certain equipment under operating leases having initial terms expiring
between 2001 and 2016. The restaurant facility leases primarily have renewal
clauses of five to 20 years exercisable at the option of the Company. Certain of
these leases require the payment of contingent rentals based on a percentage of
gross revenues, as defined by the terms of the applicable lease agreement. Total
rental expense for the years ended December 31, 2000, 1999 and 1998 was
approximately $31,155,000, $27,015,000 and $23,430,000, respectively, and
included contingent rent of approximately $3,220,000, $2,902,000 and $2,391,000,
respectively.
Future minimum lease payments on operating leases (including leases for
restaurants scheduled to open in 2001), are as follows (in thousands):
2001 $ 31,966
2002 30,577
2003 27,916
2004 25,374
2005 22,676
Thereafter 60,369
Total minimum lease payments $ 198,878
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During 1999, the Company formed joint ventures to develop Outback
Steakhouses in Brazil and the Philippines. The Company also entered into
agreements to develop and operate Roy's restaurants and Fleming's. Under the
terms of the Fleming's agreement, the Company purchased three existing Fleming's
for $12,000,000 and committed to the first $13,000,000 of future development
costs of which approximately $6,048,000 has been expended as of December 31,
2000.
The Company is subject to legal proceedings claims and liabilities
which arise in the ordinary course of business. In the opinion of management,
the amount of the ultimate liability with respect to those actions will not
materially affect the Company's financial position or results of operations and
cash flows.
The Company retains direct liability for the first $250,000 of all
individual workers compensation claims, except for 1999, and general liability
claims and $230,000 of all individual health insurance claims. The Company
believes it has adequate reserves for all self insurance claims.
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