If a Browns Chicken franchisee purchases from an unapproved supplier, what are the potential consequences?

t research. In connection with any such test marketing, Franchisee shall purchase a reasonable quantity of tested products and effectively promote and make a reasonable effort to sell such products.

D. Approved Products and Suppliers.

All food and beverage products, recipes, cooking materials, containers, packaging materials, other paper and plastic products, glassware, utensils, uniforms, menus, forms, cleaning and sanitation materials, and other materials and supplies used in the operation of the Store shall conform to the standards and requirements established by Brown from time to time. Brown has approved and will periodically approve types and/or brands of such products that meet its specifications, and suppliers and distributors of the foregoing products that meet its standards and requirements for suppliers, including, without limitation, standards and requirements relating to quality, prices, consistency, reliability, financial capability, labor relations and customer relations. Brown may from time to time modify its list of approved types and/or brands of products and of approved suppliers and Franchisee shall not after receipt in writing of such modifications, reorder any type or brand from any supplier which is no longer approved by Brown.

Brown may approve a single distributor or other supplier for any product and may approve a distributor or other supplier only as to certain products. Brown may concentrate purchases with one or more distributors or suppliers to obtain lower prices and/or the best advertising support and/or services for any group of BROWN'S Stores franchised or operated by Brown. Approval of a distributor or other supplier may be conditioned on requirements relating to the frequency of delivery, standards of service, including prompt attention to complaints, or other criteria and concentration of purchases, as set forth above, and may be temporary, pending a further evaluation of such distributor or other supplier by Brown.

If Franchisee proposes to purchase and use in the operation of the Store, or to offer for sale at or from the Store any type or brand of product which is not then approved by Brown as meeting its specifications and standards or to purchase any product from a supplier that is not then an approved supplier, Franchisee shall first notify Brown and shall, upon request by Brown, submit such information, specifications and samples as Brown requests for examination and/or testing or to otherwise determine whether such type or brand of product or such proposed supplier meets its specifications and standards.

Source: Item 22 — Contracts (FDD page 43)