OBLIGATIONS OF THE FRANCHISOR. Franchisor promises and covenants as follows: 3.1 To permit Subfranchisor to use the Trademarks, its logotypes and any other trademarks or service marks which Franchisor may authorize and designate for use by Subfranchisor, including tag lines and slogans. Subfranchisor upon Franchisor's request agrees to use the newest trademarks, tag lines and slogans and other promotional material developed by Franchisor upon the minimum of at least 30 days prior written notice to Subfranchisor; 3.2 To furnish by lending Subfranchisor as created a copy of the Maui Tacos Subfranchise, Operations, Local Restaurant Marketing and Construction Manuals (hereinafter collectively the "Manual(s)"), together with any subsequent changes or amendments thereto. Subfranchisor agrees not to copy, publish or duplicate the contents of said Manual except when needed to supply each Maui Tacos franchisee or for dissemination to the officers and key employees of Subfranchisor; 3.3 To supply Subfranchisor, free of charge, one complete sample set of all sales materials and forms, including the standard franchise agreement and applicable UFOC to be delivered to each prospective franchisee at the first meeting or ten business days (excluding holidays and weekends) prior to the execution of a franchise agreement and to be used by Subfranchisor in connection with the sale of each individual franchise unit. UFOCs, brochures and sales materials are generally purchased from printers hired for such purposes; 3.4 To make available to Subfranchisor the right to consult in person at the office of Franchisor or by telephone with Franchisor's officials and staff in its New York office or at such other location designated by Franchisor about problems relating to design, construction and operation of franchise units at the office of Franchisor so that Subfranchisor will have available to it the experience and expertise of Franchisor. Currently, Franchisor has executive/legal department offices in New York, New York, accounting, operations and sales offices in Atlanta, Georgia and construction and equipment offices in Houston, Texas. Additional or replacement offices may be developed in the future and the advice and consultation will be provided from the respective offices of Franchisor; 3.5 To provide a training program for 5 days (40 hours) (or such lesser or greater periods as established by Franchisor) of classroom instruction and for 120 hours of on-the-job training in an existing Maui Tacos Restaurant in Atlanta, Georgia or, in Franchisor's sole discretion, in the Territory. The training program covers the operational and statistical methods of operating a Maui Tacos Restaurant and Maui Tacos subfranchise business, franchise sales, real estate procurement and marketing. Training shall be attended by the controlling stockholders of Subfranchisor if a corporation, all partners if a partnership, all individual proprietors if a sole proprietorship, and all managing executives and operational supervisors, in Atlanta, Georgia. If the ownership, management or operational supervisor is changed, the new management or executive(s) must also be trained prior to the commencement of their responsibilities. Payment of all expenses of training, except for salaries of Franchisor's staff and operating expenses of Franchisor, are the obligation of Subfranchisor. All travel, lodging, entertainment and other expenses are solely that of Subfranchisor. Franchisor shall be responsible for all costs of actual training including training staff, training facility and the cost of store operational training; it is acknowledged that subsequent to formal training there will be continued practical training and education arising between the Subfranchisor's staff and Franchisor's staff as each confront the problems and difficulties that arise in the development of the Territory. 3.6 As changes in applicable laws occur, to attempt to inform Subfranchisor of any applicable federal or state franchise laws. Subfranchisor acknowledges that such information is generally provided at the semi-annual subfranchisor meetings sponsored by Franchisor and at the annual convention of Franchisor. This provision and its compliance or lack thereof shall in no way release Subfranchisor from its obligation to comply with all applicable laws; 3.7 To pay all bills, invoices, fees and other obligations that may be owed to Subfranchisor by Franchisor, provided Subfranchisor is in full compliance with this agreement; 3.8 To coordinate a franchise sales program by providing trained salesperson(s), satisfactory to Franchisor, to process and sell franchises to franchisee prospects interested in locating in the Territory obtained by Subfranchisor or Franchisor. There are no representations, warranties, commitments or assurances of success by said salesperson(s) and Subfranchisor agrees to make no claims whatsoever with respect to the success or failure of Franchisor's salesperson(s) during the Term and any renewal thereof. 3.9 To protect and defend Subfranchisor's right to use, and the validity of, Franchisor's trademarks; and 3.10 To direct duplicates of sales leads to Subfranchisor so that Subfranchisor can work with Franchisor's salesmen or process the prospective sale if one of Franchisor's salesmen is not involved.
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Sources: Area Developer Subfranchise Agreement (Blimpie International Inc)
OBLIGATIONS OF THE FRANCHISOR. Franchisor promises and covenants as follows:
3.1 To permit Subfranchisor to use the Trademarks, its logotypes and any other trademarks or service marks which Franchisor may authorize and designate for use by Subfranchisor, including tag lines and slogans. Subfranchisor upon Franchisor's request agrees to use the newest trademarks, tag lines and slogans and other promotional material trademarks developed by Franchisor upon the minimum of at least 30 days prior written notice to Subfranchisor;
3.2 To furnish by lending Subfranchisor as created a copy of the Maui Tacos Pasta Central Subfranchise, Operations, Local Restaurant Marketing and Construction Manuals (hereinafter collectively the "Manual(s)"), together with any subsequent changes or amendments thereto. Subfranchisor agrees not to copy, publish or duplicate the contents of said Manual except when needed to supply each Maui Tacos Pasta Central franchisee or for dissemination to the officers and key employees of Subfranchisor;
3.3 To supply Subfranchisor, free of charge, one complete sample set of all sales materials and forms, including the standard franchise agreement and applicable UFOC to be delivered to each prospective franchisee at the first meeting or ten 10 business days (excluding holidays and weekends) prior to the execution of a franchise agreement and to be used by Subfranchisor in connection with the sale of each individual franchise unit. UFOCs, brochures and sales materials are generally purchased from printers hired for such purposes;
3.4 To make available to Subfranchisor the right to consult in person at the office of Franchisor or by telephone with Franchisor's officials and staff in its New York office or at such other location designated by Franchisor about problems relating to design, construction and operation of franchise units at the office of Franchisor so that Subfranchisor will have available to it the experience and expertise of Franchisor. Currently, Franchisor has executive/legal department offices in New York, New York, accounting, operations and sales offices in Atlanta, Georgia and construction and equipment offices in Houston, Texas. Additional or replacement offices may be developed in the future and the advice and consultation will be provided from the respective offices of Franchisor;
3.5 To provide a training program for 5 10 days (40 72 hours) (or such lesser or greater periods as established by Franchisor) of classroom instruction and for 120 hours of on-the-job training in an existing Maui Tacos Pasta Central Restaurant in Atlanta, Georgia or, in Franchisor's sole discretion, in the Territoryanother area. The training program covers the operational and statistical methods of operating a Maui Tacos Pasta Central Restaurant and Maui Tacos Pasta Central subfranchise business, franchise sales, real estate procurement and marketing. Training shall be attended by the controlling stockholders of Subfranchisor if a corporation, all partners if a partnership, all individual proprietors if a sole proprietorship, and all managing executives and operational supervisors, in Atlanta, Georgia. If the ownership, management or operational supervisor is changed, the new management or executive(s) must also be trained prior to the commencement of their responsibilities. Payment of all expenses of training, except for salaries of Franchisor's staff and operating expenses of Franchisor, are the obligation of Subfranchisor. All travel, lodging, entertainment and other expenses are solely that of Subfranchisor. Franchisor shall be responsible for all costs of actual training including training staff, training facility and the cost of store operational training; it is acknowledged that subsequent to formal training there will be continued practical training and education arising between the Subfranchisor's staff and Franchisor's staff as each confront the problems and difficulties that arise in the development of the Territory.;
3.6 As changes in applicable laws occur, to attempt to inform Subfranchisor of any applicable federal or state franchise laws. Subfranchisor acknowledges that such information is generally provided at the semi-annual subfranchisor meetings sponsored by Franchisor and at the annual convention of Franchisor. This provision and its compliance or lack thereof shall in no way release Subfranchisor from its obligation to comply with all applicable laws;
3.7 To pay all bills, invoices, fees and other obligations that may be owed to Subfranchisor by Franchisor, provided Subfranchisor is in full compliance with this agreement;
3.8 To coordinate a franchise sales program by providing trained salesperson(s), satisfactory to Franchisor, to process and sell franchises to franchisee prospects interested in locating in the Territory obtained by Subfranchisor or Franchisor. There are no representations, warranties, commitments or assurances of success by said salesperson(s) and Subfranchisor agrees to make no claims whatsoever with respect to the success or failure of Franchisor's salesperson(s) during the Term and any renewal thereof.Term;
3.9 To protect and defend Subfranchisor's right to use, and the validity of, Franchisor's trademarks; and
3.10 To direct duplicates of sales leads to Subfranchisor so that Subfranchisor can work with Franchisor's salesmen or process the prospective sale sales if one of Franchisor's salesmen is are not involved.
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