Common use of Specifications, Standards and Procedures Clause in Contracts

Specifications, Standards and Procedures. FRANCHISEE agrees to comply with all mandatory specifications, standards and operating procedures (whether contained in the OPERATING MANUAL or any other document or notice) relating to the operation of a GJC STORE and the STORE, including, without limitation, those relating to: (1) type, quality and shelf life of PRODUCTS offered; (2) PRODUCT dating programs, including removal of “out of date” PRODUCT; (3) merchandising techniques; (4) the safety, maintenance, cleanliness, function and appearance of the STORE premises and its fixtures, equipment and signs; (5) uniforms and aprons to be worn by and general appearance of STORE employees; (6) use of Names and Marks; (7) hours during which the STORE will be open for business; (8) use and retention of standard forms; (9) use and illumination of signs, posters, displays, standard formats and similar items; and (10) identification of FRANCHISEE as the owner of the STORE. Mandatory specifications, standards and operating procedures prescribed from time to time by FRANCHISOR in the OPERATING MANUAL or otherwise communicated to FRANCHISEE in writing, shall constitute provisions of this Agreement as if fully set-forth herein. All references herein to this Agreement shall include all such mandatory specifications, standards and operating procedures. Though FRANCHISOR retains the right to establish and periodically modify such mandatory specifications, standards and operating procedures which FRANCHISEE has agreed to maintain in the operation of the STORE, FRANCHISEE retains the right and sole responsibility for the day-to-day management and operation of the STORE and the implementation and maintenance of such mandatory specifications, standards and operating procedures at the STORE.

Specifications, Standards and Procedures. FRANCHISEE DEVELOPER agrees to comply strictly with all of COMPANY's mandatory specifications, standards and procedures relating to the DEVELOPER Stores and Commissaries, which specifications, standards and procedures COMPANY may modify, supplement or replace from time to time. Any failure by DEVELOPER to adhere to such mandatory specifications, standards and procedures or to pass COMPANY's periodic quality control inspections shall constitute a breach of this Agreement. DEVELOPER agrees and acknowledges that COMPANY's mandatory specifications, standards and operating procedures (whether contained in the OPERATING MANUAL or any other document or notice) relating to the appearance, function, cleanliness, days and hours of operation (days and hours of operation may vary somewhat among Stores based on COMPANY's reasonable judgment of the requirements of a Store's trade area and whether COMPANY has approved any special services to be offered at or from a site), and operation of a GJC STORE and the STOREDEVELOPER Stores, including, without limitation, those relating but not limited to: (1) type, quality brand, quality, taste, weight, dimensions, ingredients, uniformity, manner of preparation, preservation and shelf life sale of PRODUCTS offered;all Products and Supplies and Materials; and (2) PRODUCT dating programs, including removal of “out of date” PRODUCT;sales and marketing procedures and customer service; and (3) merchandising techniques;advertising and promotional programs; and (4) layout, decor and color scheme of the Store; and (5) recruitment, selection, training, appearance and dress of employees, including, without limitation, use of COMPANY's employee selection and training materials; and (6) safety, maintenance, appearance, cleanliness, function sanitation, standards of service and appearance operation of the STORE premises and its fixtures, equipment and signs; (5) uniforms and aprons to be worn by and general appearance of STORE employees; (6) use of Names and Marks;Stores; and (7) hours during which the STORE will be open submission of requests for business;approval of brands of food and packaging products, supplies and suppliers; and (8) use and retention of standard forms; (9) use and illumination of signs, posters, displays, standard formats and similar items; and (109) identification of FRANCHISEE DEVELOPER (and/or the entity executing License Agreements for Stores pursuant to the Development Agreement) as the owner of the STORE. Mandatory specifications, standards and operating procedures prescribed from time to time by FRANCHISOR DEVELOPER Stores in the OPERATING MANUAL or otherwise communicated to FRANCHISEE in writingDevelopment Area; and (10) types of and use of fixtures, shall constitute provisions of this Agreement as furnishings, equipment, computer hardware and software, vehicles, and signs; and (11) carry-out, on-premises dining and (if fully set-forth herein. All references herein to this Agreement shall include all such mandatory specifications, standards authorized by COMPANY and operating procedures. Though FRANCHISOR retains the right to establish and periodically modify such mandatory specifications, standards and operating procedures which FRANCHISEE has agreed to maintain by DEVELOPER) Delivery Service, Catering Service and Special Distribution Arrangements; and (12) required and approved menu items; and (13) general staffing levels for the Stores and number, type and qualifications of Store personnel; and (14) participation in the operation market research and test programs required or approved by COMPANY concerning various aspects of the STORESystem, FRANCHISEE retains the right including, without limitation, procedures, systems, techniques, furnishings, fixtures, equipment, ingredients, signs, labels, trade dress, logos, packaging, supplies, marketing materials and sole responsibility for the day-to-day management strategies, merchandising and operation of the STORE new menu items and the implementation services. DEVELOPER agrees, if requested by COMPANY, to participate in COMPANY's customer surveys and maintenance of such mandatory specifications, standards and operating procedures at the STOREmarket research programs.

Specifications, Standards and Procedures. FRANCHISEE Franchisee acknowledges that each and every detail of the appearance, layout, decor, food products, beverages, Utensils, materials, and supplies utilized, services offered, and operation of the Franchised Restaurant is important to Franchisor's and other franchisees' Franchised Restaurants. Franchisor shall endeavor to maintain the high standards of quality and service by all Franchised Restaurants franchised or operated by Franchisee. To this end, Franchisee shall cooperate with Franchisor by maintaining these high standards in the operation of the Franchised Restaurant. Franchisor shall have the nglit to rely on responses of independent Mystery Shoppers in evaluating Franchisee's performance under this Agreement. Franchisee agrees to comply with all mandatory specifications, standards and operating procedures (whether contained in the OPERATING MANUAL or any other document or notice) relating to the operation of a GJC STORE and the STORE, including, without limitation, those relating to: (1a) type, quality quality, purity, taste, portions, weight and/or dimensions, ingredients, uniformity, and shelf life manner of PRODUCTS offeredpreparation and sale of food products and beverages sold by the Franchised Restaurant; (2b) PRODUCT dating programs, including removal appearance and dress of “out of date” PRODUCT; (3) merchandising techniques; (4) the safety, maintenance, cleanliness, function and appearance of the STORE premises and its fixtures, equipment and signs; (5) uniforms and aprons to be worn by and general appearance of STORE employees; (6c) use appearance, cleanliness, sanitation, standards of Names service, and Marksoperation of the Franchised Restaurant; (7d) submission of requests for approval of food products, beverages, Utensils, materials, supplies, distributors and suppliers; (e) hours and days during which the STORE Franchised Restaurant will be open for business; (8) use and retention of standard forms; (9) use and illumination of signs, posters, displays, standard formats and similar items; and (10f) identification of FRANCHISEE as the owner of the STOREcustomer evaluation forms. Mandatory Further, all mandatory specifications, standards standards, and operating procedures prescribed from time to time-to-time by FRANCHISOR Franchisor in the OPERATING MANUAL Manual, or otherwise communicated to FRANCHISEE Franchisee in writing, shall constitute provisions of this Agreement as if fully set-set forth herein. All Accordingly, all references herein in this Agreement to Franchisee's obligations under this Agreement shall include all such mandatory specifications, standards standards, and operating procedures. Though FRANCHISOR retains Franchisor reserves the right to establish contact any or all of Franchisee's customers, employees, suppliers, distributors, and periodically modify other service professionals for quality control, market research, and such mandatory specificationsother purposes as Franchisor deems appropriate, standards and operating procedures which FRANCHISEE has agreed to maintain in the operation of the STORE, FRANCHISEE retains the right and Franchisor's sole responsibility for the day-to-day management and operation of the STORE and the implementation and maintenance of such mandatory specifications, standards and operating procedures at the STOREdiscretion.

Specifications, Standards and Procedures. FRANCHISEE MARRIOTT acknowledges and agrees that each and every detail of the appearance and operation of the STORES is important to the COMPANY and other "TCBY" stores. MARRIOTT agrees to maintain the highest standards of quality and service in the STORES and, accordingly, agrees to comply with all mandatory specifications, standards and operating procedures (whether contained in the OPERATING MANUAL Operating Manual or any other document written or noticeoral communication to MARRIOTT) relating to the appearance or operation of a GJC STORE and the STORE"TCBY" store, including, without limitation, those relating to: (1) typetype and quality of food products, quality beverages, ingredients and shelf life other approved products and weight and dimensions of PRODUCTS offeredfood products and beverages; (2) PRODUCT dating programsquality, including removal taste, portion control, uniformity, manner of “out preparation and sale of date” PRODUCTall food products and beverages served by a STORE and of all ingredients and other products used in the preparation, packaging and sale thereof; (3) merchandising techniquesmethods and procedures relating to receiving, preparing and delivering customer orders; (4) hours and days during which a STORE will be open for business, which shall be only those which are reasonable and prudent with reference to a particular STORE; (5) the safety, maintenance, cleanliness, sanitation, function and appearance of the STORE premises and its fixtures, equipment equipment, furniture, decor and signs; (56) uniforms and aprons to be worn by and general appearance dress of STORE employees; (67) use of Names and the Marks; (7) hours during which the STORE will be open for business; (8) use and retention of standard forms; (9) use and illumination of exterior and interior signs, posters, displays, standard formats formats, menus and similar items; (9) identification of MARRIOTT, or a subsidiary or division of MARRIOTT, as the owner of the STORES; and (10) identification advertising and promotion (subject to operational constraints at any STORE and that STORE's having such menu item as may be the subject of FRANCHISEE as the owner of the STOREsuch advertising and promotion). Mandatory specifications, standards and operating procedures prescribed from time to time by FRANCHISOR the COMPANY in the OPERATING MANUAL Operating Manual for "TCBY" stores or otherwise communicated to FRANCHISEE MARRIOTT in writing, writing shall constitute provisions of this Agreement as if fully set-set forth herein. All references herein to this Agreement shall include all such mandatory specifications, standards and operating procedures. Though FRANCHISOR retains the right to establish and periodically modify such mandatory specifications, standards and operating procedures which FRANCHISEE has agreed to maintain in the operation of the STORE, FRANCHISEE retains the right and sole responsibility for the day-to-day management and operation of the STORE and the implementation and maintenance of such mandatory specifications, standards and operating procedures at the STORE.