Chickie's and Pete's, Inc. - Page 5

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                                             fide credits and refunds                 
                                             upon return of merchandise,              
                                             discounts, tips, the value               
                                             of any coupon, voucher or                
                                             allowance issued or granted              
                                             to a customer of a                       
                                             restaurant in furtherance                
                                             of any promotional program               
                                             and which is received and                
                                             credited in full or partial              
                                             payment for products or                  
                                             services sold at the                     
                                             Business and amounts                     
                                             collected and turned over                
                                             by Licensee for use tax,                 
                                             sales tax, excise tax and                
                                             all other similar taxes                  
                                             (other than taxes on net                 
                                             income) levied by any                    
                                             governmental body.                       
                         2.   Licensee’s Obligations and Undertakings.                
                              (a)  * * * Licensee covenants and agrees,               
               as part of the consideration of the issuance of this License           
               by Licensor, that Licensee:                                            
                  *       *       *       *       *       *      *                    
                                   (ii) shall serve all of the menu items             
                                   specified by Licensor as set                       
                                   forth on Schedule 2(a)(ii) attached                
                                   hereto and made a part hereof[3]                   
                                   and shall serve only such menu                     
                                   items as are specified by Licensor,                
                                   and shall follow all specifications                
                                   and formulae of Licensor as to the                 
                                   contents, quality and weight of the                
                                   unit or products served.  In order                 
                                   to assure that Licensee operates in                
                                   strict accordance with such                        
                                   standards, Licensee shall purchase                 
                                   the goods listed on Schedule                       
                                   2(a)(ii) attached directly from                    

               3Schedule 2(a)(ii) was not attached to the Ogden license               
          agreement that is part of the record in this case.                          





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Last modified: May 25, 2011