What is the 'System' relating to the establishment and operation of Bb.Q Chicken Franchised Businesses?

W I T N E S S E T H:

WHEREAS, as the result of the expenditure of time, skill, effort and money, we and our affiliate have developed and own a unique and distinctive system (hereinafter "System") relating to the establishment and operation of a quick service restaurant or an essential version or food truck offering a menu specializing in fresh salads, premium sandwiches, chicken wings, grilled chicken, deep fried chicken proprietary sauces and spice mixes and sides such as calamari, waffle fries, and coleslaw, all under the name "bb.q Chicken" and operating using the franchisor's proprietary recipes, formulae, techniques, trade dress, trademarks and logos, all of which may be changed, improved, or further developed by Franchisor at any time (taken together herein the "System");

WHEREAS, the distinguishing characteristics of the System include, without limitation, distinctive exterior and interior design, décor, color scheme, and furnishings; proprietary products and ingredients; proprietary recipes and special menu items, uniform standards, specifications, and procedures for operations; quality and uniformity of products and services offered; procedures for inventory, management and financial control; training and assistance; and advertising and promotional programs; all of which may be changed, improved, and further developed by us from time to time;

WHEREAS, we identify the System by means of certain trade names, service marks, trademarks, logos, emblems and indicia of origin, including, but not limited to, the mark "bb.q Chicken" and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by us in writing) for use in connection with the System (hereinafter referred to as "Marks");

WHEREAS, we and our affiliate continue to develop, use and control the use of such Marks in order to identify for the public the source of services and products marketed thereunder and under the System, and to represent the System's high standards of quality, appearance and service;

WHEREAS, you understand and acknowledge the importance of our high standards of quality, cleanliness, appearance and service and the necessity of operating the business franchised hereunder in conformity with our standards and specifications; and

Source: Item 23 — RECEIPTS (FDD pages 62–283)