What is an All States M.E.D. franchisee required to do from the premises of the franchised business?

nchise Agreement

RECITALS

WHEREAS, Franchisor has developed, and is in the process of further developing, a System identified by the service mark "All States M.E.D." and relating to the establishment and operation of a franchise that provides medical equipment sales, repairs, and customer service using a proprietary system; and

WHEREAS, in addition to the service mark "All States M.E.D." and certain other Marks, the distinguishing characteristics of the System include: uniform standards and procedures for efficient business operations; procedures and strategies for marketing, advertising and promotion; customer service and development techniques; other strategies and techniques; and Trade Secrets and other Confidential Information; and the Operations Manual; and

WHEREAS, Franchisor grants to qualified persons and business entities the right to own and operate an All States M.E.D. Business using the System and the Marks; and

WHEREAS, Franchisee desires to operate an All States M.E.D. Business, has applied for the Franchise and such application has been approved by Franchisor in reliance upon all of the representations made herein and therein; and

WHEREAS, Franchisee understands and acknowledges the importance of Franchisor's high and uniform standards of quality, operations and service and the necessity of operating the Franchised Business in strict conformity with Franchisor's System.

NOW, THEREFORE, Franchisor and Franchisee, intending to be legally bound, agree as follows:

1. DEFINITIONS

Whenever used in this Agreement, the following words and terms have the following meanings:

• "Affiliate" means any business entity that controls, is controlled by, or is under common control with Franchisor;
• "Agreement" means this Franchise Agreement and all instruments supplemental hereto or in amendment or confirmation hereof;
• "Competitive Business" means any business that offers services the same as or similar to those provided by All States M.E.D. businesses or in which Trade Secrets or other Confidential Information could be used to the disadvantage of Franchisor, any Affiliate or its other franchisees; provided, however, that the term "Competitive Business" shall not apply to (a) any business operated by Franchisee under a Franchise Agreement with Franchisor, or (b) any business operated by a publicly-held entity in which Franchisee owns less than a five percent (5%) legal or beneficial interest;
• "Confidential Information" means technical and non-technical information used in or related to the All States M.E.D. Franchise and not commonly known by or available to the public, including, without

limitation, Trade Secrets, methods and products, customer services techniques and other techniques and methodologies not generally known to the industry or public, and any other information identified or labeled as confidential when delivered by Franchisor. Confidential Information shall not include, however, any information that: (a) is now or subsequently becomes generally available to the public through no fault of Franchisee;

Source: Item 23 — RECEIPTS (FDD pages 44–174)