Does the Apricot Lane franchise agreement outline any prohibited actions related to the franchisee's lease negotiation responsibility?

provided by FRANCHISOR or if the specialist is an independent contractor, at such fees agreed by the independent contractor and

FRANCHISEE. FRANCHISEE shall provide to FRANCHISOR a copy of all communications between FRANCHISEE, the landlord (and/or its representatives), and the leasing specialist.

FRANCHISOR does not, and will not, assume any liability or be deemed liable for any agreements, representations, or warranties made and entered into between FRANCHISEE, any landlord and/or any lease specialist, nor will FRANCHISOR be obligated for any damages to FRANCHISEE directly or indirectly arising out of the actions of any landlord, leasing specialist or anyone directly involved in lease negotiations. Initial_______

C. FRANCHISOR Required Lease Clauses

FRANCHISEE shall submit the proposed lease for the approved location (if the Premises are to be leased) or a binding agreement to purchase the site, for approval by FRANCHISOR prior to execution of the lease by FRANCHISEE. FRANCHISOR's approval of the lease may be conditioned upon inclusion in the lease of terms acceptable to FRANCHISOR and, at FRANCHISOR's option, the Lessor of the Premises and FRANCHISEE duly executing and delivering to FRANCHISOR the Addendum to Lease attached hereto as Exhibit E. At FRANCHISOR's option, FRANCHISEE will duly execute and deliver to FRANCHISOR the Collateral Assignment of Lease attached hereto as Exhibit G.

D. FRANCHISEE's Lease Negotiation Responsibility

It is understood by FRANCHISEE that:

• 1. FRANCHISEE is responsible for negotiating the lease, and the terms of the lease, except those provisions required to be included by this Agreement, shall be as determined by the FRANCHISEE and the lessor. The FRANCHISOR has no obligation to assist FRANCHISEE in negotiating the terms of the lease;
• 1. FRANCHISOR recommends that FRANCHISEE hire an attorney or an experienced leasing specialist, who is familiar with the negotiation of commercial leases, to review the terms of the lease since the terms of the lease are the responsibility of the FRANCHISEE as to whether the lease terms are satisfactory and whether FRANCHISEE wants to sign the lease;
• 1. Neither by assisting FRANCHISEE in finding a location, by approving of the FRANCHISEE's site, by approving the FRANCHISEE's lease, nor by helping FRANCHISEE with the negotiation of the lease, does FRANCHISOR warrant in any way that the site or lease terms are adequate for FRANCHISEE's needs or purposes. FRANCHISOR's reviews, approvals, and assistance are based on its own criteria and are not a guaranty that FRANCHISEE will succeed in the site selected or under the terms of the lease approved by FRANCHISOR. Initial_______

**E.

Source: Item 23 — RECEIPTS (FDD pages 51–222)