Common use of CONFIDENTIAL MANUALS Clause in Contracts

CONFIDENTIAL MANUALS. 7.1 In order to protect the reputation and goodwill of the Franchisor and the System and to maintain requisite operating standards under the Proprietary Marks, Franchisee shall conduct his Franchised Business in accordance with the provisions, standards, and procedures set forth in this Agreement and in the Manual. Franchisee shall remit a Manual lease fee of Five Hundred Dollars ($500) upon execution of this Agreement. 7.2 Franchisee shall at all times treat the Manual, any other manuals created for or approved for use in the operation of the Franchised Business and the information contained therein as confidential, and shall use all reasonable efforts to maintain such information as secret and confidential. Franchisee shall not, at any time, without the Franchisor's prior written consent, copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, nor otherwise make the same available to any unauthorized person. 7.3 The Manual shall at all times remain the sole property of the Franchisor and shall be returned to the Franchisor immediately upon expiration, non-renewal or termination of this Agreement. 7.4 The Franchisor may, from time to time, revise the contents of the Manual when it reasonably considers such revisions to be necessary to improve or maintain the standards of the System and Franchisee expressly agrees to comply with each new or changed standard, provided, however, that such revisions are made for all franchisees and are reasonable in nature. Any revisions to the contents of the Manual shall be deemed effective seven (7) days after the date of mailing such revisions to Franchisee, unless otherwise specified by the Franchisor. 7.5 Franchisee acknowledges that the contents of the Manual and any revisions or modifications made thereto shall constitute provisions of this Agreement as if fully set forth herein. 7.6 Franchisee shall at all times insure that his copy of the Manual is kept current and up to date, and in the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by the Franchisor at its home office shall be controlling.

CONFIDENTIAL MANUALS. 7.1 In order to protect the reputation and goodwill of the Franchisor and the System and to maintain requisite operating standards under the Proprietary Marks, Franchisee shall conduct his Franchised Business in accordance with the provisions, standards, and procedures set forth in this Agreement and in the Manual. Franchisee shall remit a Manual lease fee of Five Hundred Dollars ($500) upon execution of this Agreement. 7.2 Franchisee 7.1.1 DEVELOPER shall at all times treat the Manual, any Operations Manual and other manuals created for or approved for use in the establishment and operation of the Franchised Business FRANCHISED STORES, and the information contained therein as confidential, and shall use all reasonable efforts to maintain such information as secret and confidentialconfidential (herein collectively the "Confidential Manuals"). Franchisee DEVELOPER shall not, at any time, without the FranchisorFRANCHISOR's prior written consent, copy, duplicate, record, record or otherwise reproduce the foregoing materialsConfidential Manuals, in whole or in part, nor otherwise make the same available to any unauthorized person. 7.3 The Manual 7.1.2 DEVELOPER shall at all times remain conduct the sole property operation of the Franchisor FRANCHISED STORE in accordance with FRANCHISOR's methods and shall be returned to the Franchisor immediately upon expiration, non-renewal or termination of this Agreement. 7.4 The Franchisor may, procedures as prescribed from time to timetime in the Confidential Manuals and in all supplemental bulletins and notices, revise which shall be deemed a part thereof. 7.1.3 The Confidential Manuals may be modified from time to time to reflect changes in the contents of the Manual when it reasonably considers image, decor, design, format, appearance, methods, standards and specifications and operating procedures approved or required for FRANCHISED STORES, and all such revisions modifications shall be binding upon DEVELOPER upon being mailed or otherwise delivered to be necessary to improve or maintain the standards of the System and Franchisee expressly agrees to comply with each new or changed standardit, as if originally set forth therein; provided, however, that such revisions modifications shall not impose any obligations that are made for all franchisees materially more onerous or costly than those imposed by the Franchise Agreement. 7.1.4 DEVELOPER will maintain the Confidential Manuals strictly confidential and are reasonable will not at any time copy any part of the Confidential Manuals, disclose any information contained in nature. Any revisions the Confidential Manuals to others (except to the contents extent such information is otherwise lawfully publicly known or available) or permit others access to the Confidential Manuals, except as may be required to DEVELOPER's employees, provided that such employees have signed FRANCHISOR's form of non-disclosure and non-competition agreement, as set forth in an exhibit to the Manual shall be deemed effective seven (7) days after the date of mailing such revisions to Franchisee, unless otherwise specified by the FranchisorFranchise Agreement. 7.5 Franchisee acknowledges that the contents of the Manual and any revisions or modifications made thereto shall constitute provisions of this Agreement as if fully set forth herein. 7.6 Franchisee 7.1.5 The Confidential Manuals shall at all times insure remain FRANCHISOR's exclusive property and shall be returned to FRANCHISOR promptly upon termination or expiration of this Agreement for any reason whatsoever. DEVELOPER understands and agrees that his copy it is of the Manual is kept current substantial value and up importance to dateFRANCHISOR and other franchisees, and in the event of any dispute as well as to the contents of DEVELOPER, that the ManualWEST COAST SYSTEM developed by FRANCHISOR establish and maintain a common identity. DEVELOPER agrees and acknowledges that compliance with the WEST COAST SYSTEM and the Confidential Manuals are essential to preserve, maintain and enhance the terms of the master copy of the Manual maintained reputation, trade demand and goodwill built up by the Franchisor at WEST COAST SYSTEM, and the Proprietary Marks used in connection therewith; and that failure of DEVELOPER to operate the FRANCHISED STORES in accordance with the WEST COAST SYSTEM and the Confidential Manuals will cause irreparable damage to FRANCHISOR and its home office shall be controllingother franchisees, as well as to DEVELOPER.