0001104659-03-025122 Sample Contracts

FOURTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • November 7th, 2003 • Diedrich Coffee Inc • Retail-food stores

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (the “Amendment”) is made and dated as of the day of October, 2003 by and between DIEDRICH COFFEE, INC., a Delaware corporation (the “Company”), and BANK OF THE WEST (the “Lender”).

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FORM OF GLORIA JEAN’S FRANCHISE AGREEMENT
Franchise Agreement • November 7th, 2003 • Diedrich Coffee Inc • Retail-food stores

This Agreement is made and entered into by and between Gloria Jean’s Gourmet Coffees Franchising Corp., an Illinois corporation (“FRANCHISOR”), with its principal office at 2144 Michelson Drive, Irvine, California 92612, and (“FRANCHISEE”) whose principal address is ..

FORM OF DIEDRICH COFFEE, INC., AREA DEVELOPMENT AGREEMENT Dated:
Area Development Agreement • November 7th, 2003 • Diedrich Coffee Inc • Retail-food stores • California

It is expressly agreed that the parties intend by this Agreement to establish between Company and Developer the relationship of franchisor and franchisee. It is further agreed that Developer has no authority to create or assume in Company’s name or on behalf of Company, any obligation, express or implied, or to act or purport to act as agent or representative on behalf of Company for any purpose whatsoever. Neither Company nor Developer is the employer, employee, agent, partner or co-venturer of or with the other, each being independent. Developer agrees that he will not hold himself out as the agent, employee, partner or co-venturer of Company. All employees hired by or working for Developer shall be the employees of Developer and shall not, for any purpose, be deemed employees of Company or subject to Company control. Each of the parties agrees to file its own tax, regulatory and payroll reports with respect to its respective employees and operations, saving and indemnifying the othe

FORM OF DIEDRICH COFFEE, INC. FRANCHISE AGREEMENT
Franchise Agreement • November 7th, 2003 • Diedrich Coffee Inc • Retail-food stores • California

THIS AGREEMENT is made this day of , (the “Effective Date”) by and between Diedrich Coffee, Inc., a Delaware corporation, located at 2144 Michelson Drive, Irvine, California 92612, (“Company”), and , [ ] an individual OR [ ] a organized under the laws of (the “Franchisee”), with reference to the following facts:

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