Exhibit 10.4
Amendment to ADA - Cincinnati Lubes
AMENDMENT TO
JIFFY LUBE INTERNATIONAL, INC.
AREA DEVELOPMENT AGREEMENT
THIS AMENDMENT AGREEMENT (the "Amendment" ) is entered into on March
1, 1992 by and between Jiffy Lube International, Inc., a Nevada corporation
with its principal place of business at 700 Xxxxx, Xxxxxxx, Xxxxx 00000
("JLI"), and Cincinnati Lubes, Inc., a Florida corporation with its
principal place of business at 0000 Xxxxxxxxx Xxxx., Xxxx Xxxxxxxx, Xxxxx
000, Xxxx Xxxxx, Xxxxxxx 00000 ("Franchisees).
WHEREAS, JLI and Cincinnati Lubes, Inc., or its predecessors, entered
into a Jiffy Lube International, Inc. Area Development Agreement on or
about March 31, 1987 and certain agreements relating to the Area
Development Agreement (hereinafter collectively referred to as the
"Development Agreement") ; and
WHEREAS, JLI and Franchisee desire to amend the Area Development
Agreement as set forth in this Amendment;
NOW THEREFORE, the parties agree as follows:
1. Form of Franchise Agreement for Further Development
Notwithstanding anything to the contrary in the Development
Agreement, any franchise agreement executed after the date of this
Amendment for a Jiffy Lube service center developed by Franchisee pursuant
to the Development Agreement shall incorporate the substantive provisions
of the License Agreement Amendment attached as Exhibit A to this Amendment.
The franchise agreement shall otherwise be in the form specified by the
Development Agreement or, if no form is specified, in the then-current form
of franchise agreement prescribed by JLI.
2. Development Obligations
Notwithstanding anything to the contrary in the Development
Agreement, Franchisee's obligation to develop new Jiffy Lube service
centers pursuant to the Development Agreement shall be as set forth in
Exhibit B to this Amendment. If no Exhibit B is attached to this Amendment,
Franchisee's development obligations shall remain as set forth in the
Development Agreement.
3. Effect of Amendment
This Amendment constitutes an integral part of the Development
Agreement. Except as explicitly modified or supplemented by this Amendment,
the terms of the Development Agreement and any prior written amendments
specific to the Development Agreement are hereby ratified and confirmed.
Any other prior oral or written agreements that purport to modify or
supplement the Development Agreement shall have no further force or effect.
IN WITNESS WHEREOF, the parties have executed this Amendment on the
date indicated above.
JIFFY LUBE INTERNATIONAL, INC.
BY: /s/ Xxxxxxx X. Xxxxxx
Xxxxxxx X. Xxxxxx Vice President
CINCINNATI LUBES, INC.
BY: /s/ Xxxxxxx X. Xxxxxx
Xxxxxxx X. Xxxxxx, President
Each undersigned corporation represents and warrants to JLI that the
undersigned corporation is the sole shareholder of Franchisee as of the
date of this Amendment and that the officer who has executed this Amendment
on behalf of Franchisee is duly authorized to bind Franchisee to the terms
of this Amendment.
/s/ Xxxxxxx X. Xxxxxx
Lucor, Inc. President
