Under the Aplus Development Agreement, what is the relationship between the Development Agreement and the Franchise Agreement for each store?

• 4.5. Projected Commencement Dates. You acknowledge that the Projected Commencement Date for each Store to be developed hereunder is reasonable. Subject to your compliance with Section 4.3., hereof, you shall execute a Franchise Agreement for each Store at or prior to the applicable execution date set forth in the Summary Pages, which shall be a date no later than 12 months prior to the Projected Commencement Date for the applicable Store.
• 4.5.1. No later than 13 months prior to expiration of a Development Period expiration date, you shall request to sign a Franchise Agreement for each Store to be developed during the Development Period.
• 4.5.2. Upon receiving your request, Franchisor shall deliver to you its then-current form of Franchise Disclosure Document and execution copies of its then-current form of Franchise Agreement.
• 4.5.3. No later than the Franchise Agreement Execution Date identified in the Development Schedule (but in no sooner than as permitted by law), you shall sign and return a signed copy of the Franchise Agreement and payment of the initial franchise fee (less any applicable development credit) due thereunder.
  • 4.5.4. Franchisor shall approve and countersign the Franchise Agreement if:
• (a) You are in compliance with this Agreement and all other agreements between you or your Affiliates and Franchisor and its Affiliates including, without limitation, all Franchise Agreements signed under this Agreement. If this condition is not met, Franchisor may require you to cure any deficiencies before it approves and countersigns the Franchise Agreement.
• (b) You have demonstrated to Franchisor, in Franchisor's sole discretion, your financial and other capacity to perform the obligations set forth in the proposed new Franchise Agreement.
• (c) You, your Owners, each of your Affiliates, and their Owners who have a thencurrently effective Franchise Agreement or Development Agreement with Franchisor has signed a general release, in a form prescribed by Franchisor, of any and all claims that the party has, had, or claims to have against Franchisor and/or its Affiliates and their respective officers, directors, agents and employees, whether the claims are known or unknown, arising out of or relating to this Agreement, any Franchise Agreement, the relationship created by this Agreement or any Franchise Agreement, and the offer and sale of the APLUS Store franchise opportunity.

Source: Item 22 — CONTRACTS (FDD page 68)