What is the purpose of the Additional Equipment Amendment for a Beverly Anns Cookie franchise?

anchise Owner Agreement, or based on any oral communications which may be ruled to be binding in a court of law, shall be our sole responsibility and none of our owners, officers, agents, representatives, nor any individuals associated with us shall be personally liable to Owners for any reason.

• 8.9 Franchise Owner Agreement Controls. In the event of any discrepancy between this Franchise Owner Agreement and the Franchise Agreement, this Franchise Owner Agreement shall control.

(Signature Page Follows)

IN WITNESS WHEREOF, the parties have entered into this Franchise Owner Agreement as of the Effective Date of the Franchise Agreement.

| Date of Note: | Loan & Security Agreement # | |---|---| | All Borrower(s): 1) ____________________________________ 2) ____________________________________ | Address(es): 1) ____________________________________ ____________________________________ 2) ____________________________________ ____________________________________ | | Borrower with Entity Tax ID# | Entity Fed Tax ID#: | | 1) ____________________________________ | 1) ____________________________________ | | Phone Number: Cell Number: | | | Billing Address: | E-Mail Address: | | __________________________________ | | | __________________________________ | | Rev.030824

ATTACHMENT D

TO THE FRANCHISE AGREEMENT

ADDITIONAL EQUIPMENT AMENDMENT

This Amendment is made and entered into as of the effective date listed in the signature block ("Effective Date") by and between Mobile Cookie Company, LLC, a Delaware limited liability company ("Franchisor") and the Franchisee identified on the signature block below ("Franchisee"), with reference to the following facts:

• A. The parties have entered into a Beverly Ann's Cookie Truck franchise agreement pursuant to which Franchisee will operate a Beverly Ann's Cookie Truck franchise (the "Franchise Agreement").
• B. Subject to the conditions of the Franchise Agreement, Franchisee has the option to purchase additional Beverly Ann's Cookie Truck equipment ("Additional Equipment") for use in the Franchisee's Territory.
• C. The parties hereto desire to amend the Franchise Agreement as set forth herein. Unless defined herein all capitalized terms used herein shall have the meaning in the Franchise Agreement.

NOW, THEREFORE, for and in consideration of the covenants, warranties and mutual agreements contained herein, the parties hereto agree as follows:

1. ADDITIONAL EQUIPMENT. Franchisee desires to purchase the following Additional Equipment for use in the Protected Territory and shall pay the AE Royalty listed for such equipment under the Franchise Agreement and this Amendment for so long as Franchisee owns the Additional Equipment.

| Year | Manufacturer, Model and Description | VIN/Serial Number | |---|---|---| | | | | Franchisee must present evidence to Franchisor, as required by Franchisor in its sole discretion that Franchisee no longer owns the Additional Equipment prior to Franchisee being excused from paying any further AE Royalties. Franchisee shall not be entitled to receive a refund on any AE Royalty paid. Franchisee acknowledges and agrees that the AE Royalty may increase upon renewal of the Franchise Agreement and agrees to pay Franchisor the then-current Royalty amount upon any such renewal.

• 1. AMENDMENT BINDING. This Amendment will be binding upon and inure to the benefit of each party and to each party's respective successors and assigns.
• 1. NO FURTHER CHANGES. Except as specifically provided in this Amendment, all of the terms, conditions and provisions of the Franchisee Agreement will remain in full force and effect as originally written and signed. In the event of any inconsistency between the Franchise Agreement and this Amendment, this Amendment shall control.

Source: Item 23 — RECEIPTS (FDD pages 57–235)