What is the 'Benihana System' defined as in the franchise agreement?

• 3.2 Franchisee must comply with the BENIHANA System and operate the Restaurant in accordance with the BENIHANA Standards. Franchisee acknowledges that compliance with the BENIHANA System, the BENIHANA Standards, and the provisions of the Operations Manual are reasonable requirements necessary to promote the goodwill associated with the BENIHANA System and the Marks to the mutual benefit of BNC, Franchisee, and other franchisees of BENIHANA Restaurants. Franchisee further acknowledges that complete uniformity may not always be possible or practical throughout all BENIHANA Restaurants, and BNC may, from time to time, permit certain deviations from the BENIHANA System or the BENIHANA Standards by Franchisee or other franchisees, as BNC deems appropriate in its sole discretion.

• E. BNC has expended time, effort, and money to acquire develop experience and skill in the elements, implementation, and updating of the BENIHANA System and the BENIHANA Standards, and BNC continues to develop, use, and control the use of the Marks to identify to the public the source of services and products marketed and offered at BENIHANA Restaurants and to represent the high standards of quality, cleanliness, appearance, and service that are part of the BENIHANA System.

• F. Franchisee understands and acknowledges the importance of the BENIHANA System and the BENIHANA Standards relating to product quality, cleanliness, appearance, and customer service that are a critical part of the BENIHANA System, and Franchisee acknowledges the necessity of operating the BENIHANA Restaurant franchised under this Agreement in conformity with the BENIHANA System, including the BENIHANA Standards.

• 18.1 Franchisee acknowledges and agrees that it will receive valuable and specialized training, including operations training in the BENIHANA System, beyond Franchisee's present skills, experience, and knowledge and that of Franchisee's principals or employees. Franchisee further acknowledges that Franchisee will receive access to BNC's Confidential Information (as defined in this Agreement) that will provide a competitive advantage to Franchisee.

• 18.4 Franchisee will not, during the Franchise Term or thereafter, communicate, divulge, or use for the benefit of any other person, persons, partnership, association, limited liability company or corporation any confidential information, proprietary information, knowledge, or know-how concerning the Restaurant and the BENIHANA System, including, without limitation, recipes, products, proprietary formulations, technology, operational details, advertising techniques and any and all information, knowledge, know-how and techniques BNC designates as confidential, including the Operations Manual, the BENIHANA Standards and the BENIHANA System, which may be communicated to Franchisee or of which Franchisee may be apprised by virtue of Franchisee's training and/or operation of the Restaurant ("Confidential Information").

Source: Item 23 — Receipts (FDD pages 74–576)