Cold Stone Creamery Franchise Agreement

GROSS VOLUME OF ACTIVITY: the aggregate gross amount of all revenue from any source (whether cash, loans, exchanges, payment agreements or other considerations, and whether or not payment was received at the time of sale, if any of the amounts prove uncollectible) and through any means of communication or sales contact used that originates from you or another person from stores or that is made in, on, on or through the premises (including satellites and/or kiosks), whether the transaction is carried out in accordance with or in breach of the terms of this agreement, with the exception of turnover tax or other tax revenue (the collection of which is legally mandatory), Delivery receipts and refunds paid by you. (m) As a service to the Licensee and other licensees and franchisees of the Licensor, the Licensor may, but is not required to use its experience and data obtained from all its licensees and franchisees, to establish and maintain a proposed pricing plan for the Products and Services of the Licensed Enterprise. In addition, the licensor may set the maximum prices required for the products and services of the licensed undertaking and the licensee must comply with this pricing plan. (a) where the licensee (or its contracting entities) fails to pay funds due to the licensor or one of its related companies under this agreement or another agreement with the licensor or its related undertakings, and such omission has not been remedied within thirty days of the licensor`s notification of such omission. Termination shall take effect immediately after the expiry of this additional period. Officers and employees must not (or not) breach its obligations under this Agreement or its obligations (including events of non-payment) or any other agreement with the Licensor or its related businesses (or have repeated breaches in the past); (iv) Licensee shall provide licensor with (a) such other documents and information about the proposed location and the proposed main concession agreement or master lease agreement that licensor may require at its discretion, and (b) updated financial reports and other financial documents and information about the financial position of licensee (and its procuring entities) that licensor requires at its discretion. (All of these materials are called “additional materials”) It is considered and agreed that if the licensor finds at its discretion that the licensee does not have the financial capacity to fulfill its obligations with respect to the location, the main concession contract or the master leasing contract, or that the licensee does not meet the rolling working capital requirement, the licensor may refuse permission to the site, the main concession contract and/or the master leasing contract. . . .