Common use of Services Available to Franchisee Clause in Contracts

Services Available to Franchisee. The content of and manner by which the following services are to be delivered by FRANCHISOR shall be within FRANCHISOR’s sole discretion. FRANCHISOR will consult with Franchisee from time to time in connection with the operation of the Franchised Restaurants and shall provide to Franchisee: (a) A pre-opening training program conducted at training facilities and/or Txx Hortons Restaurants at such location(s) as determined by FRANCHISOR. (b) Pre-opening and opening assistance at each Franchised Restaurant for such period of time as FRANCHISOR, in its discretion, deems appropriate under the circumstances. FRANCHISOR may, in its reasonable discretion, consider the following factors: the experience of the operator, the type of facility being operated, whether the assistance is for a new opening or the reopening after a transfer of ownership of an already operating Txx Hortons Restaurant, the prior Txx Hortons System experience of Franchisee’s management, the projected volume of the Txx Hortons Restaurant as estimated by Franchisee, and any other factors that FRANCHISOR deems appropriate for consideration. (c) A copy of the Confidential Operating Manual, on loan to Franchisee for each Franchised Location, until the last day of the applicable Term (as it may be renewed in accordance with this Agreement and the applicable Unit Addendum. The loaned copies of the Confidential Operating Manual, the other Standards which set out additional specifications, standards and operating procedures furnished by FRANCHISOR will be written in English. FRANCHISOR will provide Franchisee with any translations into Chinese that FRANCHISOR may have prepared with respect to the Confidential Operating Manual and authorizes Franchisee to translate the Confidential Operating Manual and the other Standards into Chinese at its sole cost and expense for use in connection with the Franchised Restaurants; provided, however, that Franchisee shall not use such translation without first obtaining FRANCHISOR’s prior written consent, such consent not to be unreasonably withheld. Any copyright or other proprietary rights in the translated version of the Confidential Operating Manual and the other Standards (including all copies of such version) shall be the exclusive property of FRANCHISOR. All documents to be provided herein may be provided by FRANCHISOR in electronic form, and Franchisee shall print copies of such documents at its own cost. (d) Such marketing and advertising research data and advice as may be developed from time to time by FRANCHISOR and deemed by it to be helpful in the operation of a Txx Hortons Restaurant. (e) Communication of new developments, techniques and improvements in food preparation, equipment, food products, packaging, service and restaurant management which are relevant to the operation of a Txx Hortons Restaurant. (f) Such other ongoing information as FRANCHISOR considers necessary to continue to communicate and advise Franchisee as to the Txx Hortons System, including the operation of the Franchised Restaurants. The foregoing sections (a) and (b) of this clause 6 shall not apply if the Development Rights are in effect.

Services Available to Franchisee. The content of and manner by which the following services are to be delivered by FRANCHISOR shall be within FRANCHISOR’s sole discretion. FRANCHISOR will consult with Franchisee from time to time in connection with the operation of the Franchised Restaurants and shall provide to Franchisee: (a) A pre-opening training program conducted at training facilities and/or Txx Hortons Popeyes Restaurants at such location(s) as determined by FRANCHISOR. (b) Pre-opening and opening assistance at each Franchised Restaurant for such period of time as FRANCHISOR, in its discretion, deems appropriate under the circumstances. FRANCHISOR may, in its reasonable discretion, consider the following factors: the experience of the operator, the type of facility being operated, whether the assistance is for a new opening or the reopening after a transfer of ownership of an already operating Txx Hortons Popeyes Restaurant, the prior Txx Hortons Popeyes System experience of Franchisee’s management, the projected volume of the Txx Hortons Popeyes Restaurant as estimated by Franchisee, and any other factors that FRANCHISOR deems appropriate for consideration. (c) A copy of the Confidential Operating Manual, on loan to Franchisee for each Franchised LocationRestaurant, until the last day of the applicable Term (as it may be renewed in accordance with this Agreement and the applicable Unit Addendum. The loaned copies of the Confidential Operating Manual, the other Standards which set out additional specifications, standards and operating procedures furnished by FRANCHISOR will be written in English. FRANCHISOR will provide Franchisee with any translations into Chinese that FRANCHISOR may have prepared with respect to the Confidential Operating Manual and authorizes Franchisee to translate the Confidential Operating Manual and the other Standards into Chinese at its sole cost and expense for use in connection with the Franchised Restaurants; provided, however, that Franchisee shall not use such translation without first obtaining FRANCHISOR’s prior written consent, such consent not to be unreasonably withheld. Any copyright or other proprietary rights in the translated version of the Confidential Operating Manual and the other Standards (including all copies of such version) shall be the exclusive property of FRANCHISOR. All documents to be provided herein may be provided by FRANCHISOR in electronic form, and Franchisee shall print copies of such documents at its own cost. CERTAIN PORTIONS OF THE EXHIBIT THAT ARE NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL HAVE BEEN REDACTED PURSUANT TO ITEM 601(b)(10)(iv) OF REGULATION S-K. [****] INDICATES THAT INFORMATION HAS BEEN REDACTED. (d) Such marketing and advertising research data and advice as may be developed from time to time by FRANCHISOR FXXXXXXXXX and deemed by it to be helpful in the operation of a Txx Hortons Popeyes Restaurant. (e) Communication of new developments, techniques and improvements in food preparation, equipment, food products, packaging, service and restaurant management which are relevant to the operation of a Txx Hortons Popeyes Restaurant. (f) Such other ongoing information as FRANCHISOR considers necessary to continue to communicate and advise Franchisee as to the Txx Hortons Popeyes System, including the operation of the Franchised Restaurants. The foregoing sections (a) and (b) of this clause 6 shall not apply if the Development Rights are in effect.

Services Available to Franchisee. The content of and manner by which the following services are to be delivered by FRANCHISOR shall be within FRANCHISOR’s sole discretion. FRANCHISOR will consult with Franchisee from time to time in connection with the operation of the Franchised Restaurants Restaurant and shall provide to Franchisee: (a) A pre-opening training program conducted at training facilities and/or Txx Hortons Burger King Restaurants at such location(s) as locations in the Territory determined by FRANCHISOR. (b) Pre-opening and opening assistance at each Franchised Restaurant for such period of time as FRANCHISOR, in its discretion, deems appropriate under the circumstances. FRANCHISOR may, in its reasonable discretion, consider the following factors: the experience of the operator, the type of facility being operated, whether the assistance is for a new opening or the reopening after a transfer of ownership of an already operating Txx Hortons Burger King Restaurant, the prior Txx Hortons Burger King System experience of Franchisee’s management, the projected volume of the Txx Hortons Burger King Restaurant as estimated by Franchisee, and any other factors that FRANCHISOR deems appropriate for consideration. (c) A copy of the Confidential Operating MOD Manual, on loan to Franchisee for each Franchised Location, until the last day of the applicable Term (as it may be renewed in accordance with this Agreement and the applicable Unit Addendum). The loaned copies of the Confidential Operating MOD Manual, the other Standards which set out additional specifications, standards and operating procedures furnished by FRANCHISOR will be written in English. FRANCHISOR will provide Franchisee with any translations into Chinese that FRANCHISOR may have has prepared with respect to the Confidential Operating MOD Manual and authorizes Franchisee to translate the Confidential Operating MOD Manual and the other Standards into Chinese at its sole cost and expense for use in connection with the Franchised Restaurants; provided, however, that Franchisee shall not use such translation without first obtaining FRANCHISOR’s prior written consent, such consent not to be unreasonably withheld. Any copyright or other proprietary rights in the translated version of the Confidential Operating MOD Manual and the other Standards (including all copies of such version) shall be the exclusive property of FRANCHISOR. All documents to be provided herein may be provided by FRANCHISOR in electronic form, and Franchisee shall print copies of such documents at its own cost. (d) Such marketing and advertising research data and advice as may be developed from time to time by FRANCHISOR and deemed by it to be helpful in the operation of a Txx Hortons Burger King Restaurant. (e) Communication of new developments, techniques and improvements in food preparation, equipment, food products, packaging, service and restaurant management which are relevant to the operation of a Txx Hortons Burger King Restaurant. (f) Such other ongoing information as FRANCHISOR considers reasonably necessary to continue to communicate and advise Franchisee as to the Txx Hortons Burger King System, including the operation of the Franchised Restaurants. The foregoing sections (a) and (b) of this clause 6 shall not apply if the Development Rights are in effect.