Common use of Franchisor’s Development Assistance Clause in Contracts

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store as follows: a. Provision of the initial training program to be conducted at the Franchisor’s designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. Provision of written guidelines for a Franchised Location that shall include, without limitation, specifications for space requirements and build out. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be required by the Franchisor, in the Franchisor’s sole discretion, and on information gathered by the Franchisor. c. Direction regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store premises, plus specifications concerning signs, seasonal graphics, music, decor and equipment. d. Direction regarding the selection of suppliers of equipment, seasonal graphics, music, items and materials used and inventory offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the Store. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, items, seasonal graphics, music, materials and inventory and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees. e. Provision of an Operations Manual in accordance with Section 8.1 below. f. As the Franchisor may reasonably schedule, and depending on availability of personnel, the Franchisor will make available to the Franchisee at or close to the opening of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store, a representative (“Site Representative”) who will be present for up to five days beginning approximately three days prior to the opening of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and Christmas. There will be no charge to the Franchisee for this service provided by the Franchisor. The Site Representative will assist the Franchisee’s employees in opening the Store, unless in the Franchisor’s determination, the Franchisee or the General Manager have sufficient prior training or experience.

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store as follows: a. Provision of the initial training program to be conducted at the Franchisor’s 's designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. Provision of written guidelines for a Franchised Location that shall include, without limitation, specifications for space requirements and build out. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be required by the Franchisor, in the Franchisor’s 's sole discretion, and on information gathered by the Franchisor. c. Direction regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store premises, plus specifications concerning signs, seasonal graphics, music, decor and equipment. d. Direction regarding the selection of suppliers of equipment, seasonal graphics, music, items and materials used and inventory offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s 's initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the Store. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, items, seasonal graphics, music, materials and inventory and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees. e. Provision of an Operations Manual in accordance with Section 8.1 below. f. As the Franchisor may reasonably schedule, and depending on availability of personnel, the Franchisor will make available to the Franchisee at or close to the opening of the Franchisee’s 's ROCKY MOUNTAIN CHOCOLATE FACTORY Store, a representative (“Site Representative”"SITE REPRESENTATIVE") who will be present for up to five days beginning approximately three days prior to the opening of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and Christmas. There will be no charge to the Franchisee for this service provided by the Franchisor. The Site Representative will assist the Franchisee’s employees in opening the Store, unless in the Franchisor’s determination, the Franchisee or the General Manager have sufficient prior training or experience.'s ROCKY

Franchisor’s Development Assistance. The Franchisor shall provide the DEVELOPMENT ASSISTANCE. To assist Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store as followsRestaurant, Franchisor shall provide the following: a. Provision (A) Assistance related to the acceptance of a site for the initial training program to be conducted at the Franchisor’s designated training facilities or at another location designated by the FranchisorRestaurant, as described in Article 6 above. b. Provision of written guidelines for a Franchised Location although Franchisee acknowl-edges that shall include, without limitation, specifications for space requirements and build out. The Franchisee acknowledges that the Franchisor shall have no obligation to select or acquire a site on behalf of Franchisee. Franchisor's assistance will consist of, at a minimum, the provision of general criteria for a satisfactory site and a determination of whether a proposed site fulfills the requisite criteria prior to formal acceptance of a site selected by Franchisee. Site selection, acquisition and development shall be the sole obligation of Franchisee, except as may be set forth in this Agreement or any other written agree-ment executed by Franchisor. Franchisee acknowledg-es that Franchisor is under no obligation to provide assistance in the additional site selection and approval of a Franchised Location services other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be required by set forth in a written, executed agreement and that Franchisor's acceptance of the Franchisorsite does not imply or guarantee the success or profitability of the site in any manner whatsoever. (B) Standards and specifications for the build out, in interior design, layout, floor plan, signs, designs, color and decor of the Franchisor’s sole discretionRestaurant. (C) Advice regarding the standards and specifications for the equipment, supplies and materials used in, and on information gathered by the Franchisor. c. Direction regarding menu items offered for sale by, the required conversion, design Restaurant and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store premises, plus specifications concerning signs, seasonal graphics, music, decor and equipment. d. Direction advice regarding the selection of suppliers of equipment, seasonal graphics, music, items for and materials used and inventory offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the Store. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, purchasing of such equipment, items, seasonal graphics, music, materials and inventory and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees. e. Provision of an Operations Manual (D) Guidance in implementing advertising and marketing programs, operating and sales procedures and bookkeeping and accounting programs. (E) The initial training in accordance with Section 8.1 below7.1. f. As (F) Opening assistance consisting of one or more representatives of Franchisor on site at the Franchisor may reasonably schedule, and depending on availability of personnel, the Franchisor will make available to the Franchisee at or close to the opening of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store, a representative (“Site Representative”) who will be present Franchised Location for up to not less than five days beginning approximately three days prior to assist Franchisee in opening the opening of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s Store opens on or near a holidayRestaurant; provided, however, that Franchisee shall hire and be exclusively responsible for the Site Representative training, compensation and control of its employees. (G) One copy of the Operations Manual, as defined and described in Section 8 , which shall not begin be loaned to Franchisee during the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth term of July, Labor Day, Thanksgiving, Hanukkah and Christmas. There will be no charge to the Franchisee for this service provided by the Franchisor. The Site Representative will assist the Franchisee’s employees in opening the Store, unless in the Franchisor’s determination, the Franchisee or the General Manager have sufficient prior training or experienceAgreement.

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store as follows: a. Provision of the initial training program to be conducted at the Franchisor’s 's designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. Provision of written guidelines for a Franchised Location that shall include, without limitation, specifications for space requirements and build out. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be required by the Franchisor, in the Franchisor’s 's sole discretion, and on information gathered by the Franchisor. c. Direction regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store premises, plus specifications concerning signs, seasonal graphics, music, decor and equipment. d. Direction regarding the selection of suppliers of equipment, seasonal graphics, music, items and materials used and inventory offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s 's initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the Store. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, items, seasonal graphics, music, materials and inventory and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees. e. Provision of an Operations Manual in accordance with Section 8.1 below. f. As the Franchisor may reasonably schedule, and depending on availability of personnel, the Franchisor will make available to the Franchisee at or close to the opening of the Franchisee’s 's ROCKY MOUNTAIN CHOCOLATE FACTORY Store, a representative (“Site Representative”"SITE REPRESENTATIVE") who will be present for up to five days beginning approximately three days prior to the opening of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and Christmas. There will be no charge to the Franchisee for this service provided by the Franchisor. The Site Representative will assist the Franchisee’s employees in opening the Store, unless in the Franchisor’s determination, the Franchisee or the General Manager have sufficient prior training or experience.'s ROCKY

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store Business as follows: a. (a) Provision of the initial training program to be conducted at the Franchisor’s 's designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. (b) Provision of written guidelines specifications for a Franchised Location that which shall include, without limitation, specifications for space requirements requirements, build out and build outthe demographics and character of surrounding area. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be reasonably required by the Franchisor, in the Franchisor’s sole discretion, and on information gathered by the Franchisor. c. (c) Direction regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store Business premises, plus specifications concerning signs, seasonal graphics, music, decor and equipment. d. (d) Direction regarding the selection of suppliers of equipment, seasonal graphics, music, items and materials used and inventory offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the StoreBusiness. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, items, seasonal graphics, music, materials and inventory and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees. e. (e) Provision of an Operations Manual operations manual in accordance with Section 8.1 8 below. f. (f) As the Franchisor may reasonably schedule, and depending on availability of personnel, the Franchisor will make available to the Franchisee at or close to the opening commencement of the Franchisee’s 's ROCKY MOUNTAIN CHOCOLATE FACTORY Store, Business a representative (“"Site Representative”") who will to be present for up to five days beginning approximately three days prior to during the opening of the Franchisee’s 's ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and ChristmasBusiness. There will be no charge to the Franchisee for this service provided by the Franchisor. The Site Representative will assist the Franchisee’s 's employees in opening the StoreBusiness, unless in the Franchisor’s 's determination, the Franchisee or the General Manager have had sufficient prior training or experience.

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY Store Business as follows: a. (a) Provision of the initial training program to be conducted at the Franchisor’s 's designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. (b) Provision of written guidelines specifications for a Franchised Location that which shall include, without limitation, specifications for space requirements requirements, build out and build outthe demographics and character of the mall, if applicable, and the surrounding area. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be reasonably required by the Franchisor, in the Franchisor’s sole discretion, and on information gathered by the Franchisor. c. (c) Direction regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY Store Business premises, plus specifications concerning signs, seasonal graphicsdecor, music, decor animation and equipment. d. (d) Direction regarding the selection of suppliers of equipment, seasonal graphics, musicanimated characters, items and materials used and inventory offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY Store. The Franchisor will determine the Franchisee’s initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the StoreBusiness. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, animated characters, items, seasonal graphics, music, materials and inventory and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FUZZIWIG'S-TM- CANDY FACTORY franchisees. e. (e) Provision of an Operations Manual operations manual in accordance with Section 8.1 8 below. f. (f) As the Franchisor may reasonably schedule, and depending on availability of personnel, the Franchisor will make available to the Franchisee at or close to the opening commencement of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE 's FUZZIWIG'S-TM- CANDY FACTORY Store, Business a representative (“"Site Representative”") who will to be present for up to five six days beginning approximately three days prior to during the opening of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE 's FUZZIWIG'S-TM- CANDY FACTORY Store. If the Franchisee’s Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and ChristmasBusiness. There will be no charge to the Franchisee for this service provided by the Franchisor. The Site Representative will assist the Franchisee’s 's employees in opening the StoreBusiness, unless in the Franchisor’s 's determination, the Franchisee or the General Manager have had sufficient prior training or experience.

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store PAK MAIL Center as follows: a. Provision of the initial training program to be conducted at the Franchisor’s 's designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. Provision of written guidelines specifications for a Franchised Location that which shall include, without limitation, specifications for space requirements requirements, build out and build outthe demographics and character of the surrounding market area. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be reasonably required by the Franchisor, in the Franchisor’s sole discretion, and on information gathered by the Franchisor. c. Direction Directives regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store PAK MAIL Center premises, plus specifications concerning signs, seasonal graphicsdecor, musiccolor, decor equipment, machines, uniforms and equipment. d. Direction Information regarding the selection of suppliers of equipment, seasonal graphics, music, items and materials used and inventory and services offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the StorePAK MAIL Center. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, items, seasonal graphicsmaterials, music, materials inventory and inventory services and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY PAK MAIL franchisees. e. Provision of an Operations Manual operations manual in accordance with Section 8.1 below. f. As the Franchisor may reasonably schedule, and depending on availability of personnel, the The Franchisor will make available to the Franchisee at or close to around the opening commencement of operations of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store, 's PAK MAIL Center a representative (“Site Representative”) who will to be present for up to five days beginning approximately three days prior to during the opening initial operation of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and Christmas. There will be no charge to the Franchisee for this service provided by the Franchisor's PAK MAIL Center. The Site Representative representative will assist the Franchisee’s 's employees in opening the Storeinitial operation of the Center at a time scheduled by the Franchisor, unless in the Franchisor’s 's determination, the Franchisee or the General Manager Principal Operator have had sufficient prior training or experience. g. The Franchisor will grant the Franchisee a non-exclusive, non-transferable license to use certain proprietary computer programs and related materials developed for use in the operation of Pak Mail Centers ("Program") in accordance with the terms of the Franchisor's standard Software License Agreement ("Software License Agreement"). The Franchisee will use the Program in accordance with the terms of the Software License Agreement, including using certain computer equipment designated by the Franchisor as meeting its specifications ("Designated Equipment").

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store PAK MAIL Center as follows: a. Provision of the initial training program to be conducted at the Franchisor’s 's designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. Provision of written guidelines specifications for a Franchised Location that which shall include, without limitation, specifications for space requirements requirements, build out and build outthe demographics and character of the surrounding market area. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be reasonably required by the Franchisor, in the Franchisor’s sole discretion, and on information gathered by the Franchisor. c. Direction Directives regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store PAK MAIL Center premises, plus specifications concerning signs, seasonal graphicsdecor, musiccolor, decor equipment, machines, uniforms and equipment. d. Direction Information regarding the selection of suppliers of equipment, seasonal graphics, music, items and materials used and inventory and services offered for sale in 6 connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the StorePAK MAIL Center. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, items, seasonal graphicsmaterials, music, materials inventory and inventory services and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY PAK MAIL franchisees. e. Provision of an Operations Manual operations manual in accordance with Section 8.1 below. f. As the Franchisor may reasonably schedule, and depending on availability of personnel, the The Franchisor will make available to the Franchisee at or close to around the opening commencement of operations of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store, 's PAK MAIL Center a representative (“Site Representative”) who will to be present for up to five days beginning approximately three days prior to during the opening initial operation of the Franchisee’s ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and Christmas. There will be no charge to the Franchisee for this service provided by the Franchisor's PAK MAIL Center. The Site Representative representative will assist the Franchisee’s 's employees in opening the Storeinitial operation of the Center at a time scheduled by the Franchisor, unless in the Franchisor’s Franchis- or's determination, the Franchisee or the General Manager Principal Operator have had sufficient prior training or experience. g. The Franchisor will grant the Franchisee a nonexclusive, nontransferable license to use certain proprietary computer programs and related materials developed for use in the operation of Pak Mail Centers ("Program") in accordance with the terms of the Franchisor's standard Software License Agreement ("Software License Agreement"). The Franchisee will use the Program in accordance with the terms of the Software License Agreement, including using certain computer equipment designated by the Franchisor as meeting its specifications ("Designated Equipment").

Franchisor’s Development Assistance. The Franchisor shall provide the Franchisee with assistance in the initial establishment of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store as follows: a. Provision of the initial training program to be conducted at the Franchisor’s 's designated training facilities or at another location designated by the Franchisor, as described in Article 6 above. b. Provision of written guidelines for a Franchised Location that which shall include, without limitation, specifications for space requirements and build out. The Franchisee acknowledges that the Franchisor shall have no other obligation to provide assistance in the selection and approval of a Franchised Location other than the provision of such written specifications and approval or disapproval of a proposed Franchised Location, which approval or disapproval shall be based on information submitted to the Franchisor in a form sufficient to assess the proposed location as may be required by the Franchisor, in the Franchisor’s 's sole discretion, and on information gathered by the Franchisor. c. Direction regarding the required conversion, design and decoration of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store premises, plus specifications concerning signs, seasonal graphics, music, decor and equipment. d. Direction regarding the selection of suppliers of equipment, seasonal graphics, music, items and materials used and inventory offered for sale in connection with the ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The Franchisor will determine the Franchisee’s initial inventory of Factory Candy that the Franchisee will purchase, depending on the size and configuration of the Store. After execution of this Agreement, the Franchisor will provide the Franchisee with a list of approved suppliers, if any, of such equipment, items, seasonal graphics, music, materials and inventory and, if available, a description of any national or central purchase and supply agreements offered by such approved suppliers for the benefit of ROCKY MOUNTAIN CHOCOLATE FACTORY franchisees. e. Provision of an Operations Manual in accordance with Section 8.1 below. f. As the Franchisor may reasonably schedule, and depending on availability of personnel, the Franchisor will make available to the Franchisee at or close to the opening of the Franchisee’s 's ROCKY MOUNTAIN CHOCOLATE FACTORY Store, a representative (“Site Representative”"SITE REPRESENTATIVE") who will be present for up to five days beginning approximately three days prior to the opening of the Franchisee’s 's ROCKY MOUNTAIN CHOCOLATE FACTORY Store. If the Franchisee’s 's Store opens on or near a holiday, however, the Site Representative shall not begin the in-Store assistance until three days after the holiday. Holidays shall include, but not be limited to, New Years Day, Valentines Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Hanukkah and Christmas. There will be no charge to the Franchisee for this service provided by the Franchisor. The Site Representative will assist the Franchisee’s 's employees in opening the Store, unless in the Franchisor’s 's determination, the Franchisee or the General Manager have had sufficient prior training or experience.