12. Commitments and Contingencies

Commitments

        Leasing Activities—The Company leases land, buildings, and equipment used in its operations under operating leases. The Company's operating leases have remaining non-cancelable terms ranging from less than one year to more than 15 years. These leases generally contain renewal options which permit the Company to renew the leases at defined contractual rates or prevailing market rates. Certain equipment leases also include options to purchase equipment at the end of the lease term. Certain leases provide for contingent rents, which are determined as a percentage of adjusted restaurant sales in excess of specified levels. The Company records a contingent rent liability and the corresponding rent expense when specified levels have been achieved or when management determines that achieving the specified levels during the fiscal year is probable. Certain lease agreements also require the Company to pay maintenance, insurance, and property tax costs. Rental expense related to land, building, and equipment leases is as follows (in thousands):

        The Company leases certain of its owned land, buildings, and equipment to outside parties under non-cancelable operating leases. Cost of the leased land, buildings, and equipment at December 25, 2011, and December 26, 2010, was $4.6 million in both periods, and related accumulated depreciation was $2.4 million and $2.3 million, respectively. Rental income was immaterial for fiscal years 2011, 2010 and 2009.

        Future minimum lease commitments and minimum rental income under all leases as of December 25, 2011 are as follows (in thousands):

        As of December 25, 2011 and December 26, 2010, property and equipment included $20.0 million and $22.6 million of assets under capital lease, respectively, and $6.7 million and $7.5 million of related accumulated depreciation, respectively.

Contingencies

        In the normal course of business, there are various claims in process, matters in litigation, and other contingencies. These include claims resulting from "slip and fall" accidents, employment related claims and claims from guests or team members alleging illness, injury or other food quality, health or operational concerns. To date, no claims of these types of litigation, certain of which are covered by insurance policies, have had a material effect on us. While it is not possible to predict the outcome of these other suits, legal proceedings and claims with certainty, management is of the opinion that adequate provision for potential losses associated with these other matters has been made in the financial statements and that the ultimate resolution of these other matters will not have a material effect on our financial position and results of operations.