iscellaneous expenses.

• (e) On-Site Remedial Assistance. Upon the reasonable request of Franchisee or as

Franchisor deems appropriate, Franchisor will, during the Term, subject to the availability of personnel, provide Franchisee with additional trained representatives who will provide on-site remedial training to Franchisee.

6. BUMPER MAN BUSINESS OPERATIONS.

• (a) Standards. Franchisee understands the importance of maintaining uniformity among all of the Bumper Businesses and the importance of complying with the Standards relating to the operation of the Bumper Business. Franchisee may not engage in any cobranding in or with the Bumper Business or operate any other business during the Term (provided nothing contained in this Section 6(a) will prohibit Franchisee's Operating Principal (if Franchisee is an Entity) from engaging in another business that is not a Competitive Business during hours in which Customers within the Designated Area are not open for business for the purposes of supplemental income). Notwithstanding the foregoing, Franchisor may allow for a deviation from the Standards at its sole option.
• (b) Maintenance. Franchisee must at all times maintain the appearance, mechanics, sign, equipment and overall condition of the approved Bumper Business vehicle, both inside and outside in excellent repair and a clean condition and comply with the Standards. Franchisee is solely responsible for maintenance, repair and replacement where necessary to maintain normal operating conditions and for any liabilities arising therefrom in accordance with this Agreement.
• (c) Improvements. Franchisor may from time to time require Franchisee to engage in upgrading, renovation, repairs and maintenance of the Bumper Business vehicle and tools in accordance with Franchisor's then-current Standards. Franchisor reserves the right to require upgrading at more frequent intervals on reasonable notice, if Franchisor decides in its discretion, that it should be appropriate, whether system wide or for an individual franchise due to marketing requirements, deterioration, appearance or operations. Franchisee must complete to Franchisor's satisfaction any changes Franchisor

requires within a reasonable time, not to exceed three months from the date Franchisee is notified of any required changes, unless otherwise agreed to in writing by Franchisor. Franchisee acknowledges and agrees that the requirements of this Section 6(c) are both reasonable and necessary to ensure continued public acceptance and patronage of the Bumper Man businesses and to avoid deterioration or obsolescence in connection with the operation of the Bumper Business. If Franchisee fails to make any improvement as required by this Section 6(c) or perform maintenance as described in Section 6(b), Franchisor may, in addition to its other rights in this Agreement, effect such improvement or maintenance and Franchisee must reimburse Franchisor for the costs Franchisor incurs.

• (d) Designated Supplier. Franchisee must purchase Operating Assets, Products and Proprietary Products from Franchisor's designated and approved suppliers as set forth in the Manual. Franchisor or any of its Affiliates may be designated as the sole supplier for any Operating Assets, Products or Proprietary Products. In addition, Franchisor or its Affiliates may receive payments or other consideration from suppliers who provide Operating Assets or Products to franchisees operating under the System which Franchisor or its Affiliates may use in any manner Franchisor determines appropriate.
• (e) Operating Assets. Franchisee will use in the operation of the Bumper Business the Operating Assets (including the tablet equipped with Franchisor's Manual and invoicing software) loaned to Franchisee, in accordance with the Standards and loan terms set forth in the Manual. Franchisor makes no warranties, express or implied, with respect to the Products, Proprietary Products or Operating Assets provided by any supplier, including by or as a result of any statements made by Franchisor's employees or agents, or statements contained in the Manual, printed materials or general advertising materials. Except for any express limited warranty made by Franchisor or its Affiliates with respect to any Product, Proprietary Products or Operating Assets sold by Franchisor or its Affiliate, Franchisor or its Affiliate, as applicable, makes no warranty of merchantability or of the fitness of any Products or

Operating Assets for any particular purpose. Any model or sample shown to Franchisee is provided solely to illustrate the general type, nature and quality of such items and not to represent or warrant that any such item would conform to such model or sample.

(f) Alternate Suppliers. Franchisor is the designated supplier of certain Brand Property and Operating Assets (e.g. tools, tablet equipped with Manuals and invoicing software) used in the operation of the Bumper Business. Franchisor may also provide access to Franchisee to suppliers with whom Franchisor has obtained other Operating Assets for use in the Bumper Business and in such case, Franchisee may (but is not required to) obtain such Operating Assets from such suppliers. If Franchisee seeks approval of any new supplier of Operating Assets (other than the tools and tablet, which are provided to Franchisee on loan from Franchisor and may not be obtained from another supplier) or Products not designated by Franchisor pursuant to Section 6(d) or approval to use new Operating Assets or Products, Franchisee will provide Notice to Franchisor and such information required by Franchisor about any proposed new supplier, new Operating Assets or new Products to enable Franchisor to approve or reject such supplier or items in accordance with the procedures set forth in the Manual. Franchisor will undertake reasonable efforts to respond to such Notice and information within 30 days from the date of its receipt of all of the information Franchisor. Franchisor may terminate or withhold its approval of any supplier, new Operating Assets, or new Products that do not satisfy its Standards. Franchisee will not purchase from any unapproved supplier or use unapproved Operating Assets or Products in the Business.

(g) Group or Cooperative Buying. If Franchisor or its Affiliate establish a group buying program or purchasing cooperative for the purpose of obtaining improved and sustainable pricing for Products or any Operating Assets, including the retention of a third party purchasing agent to facilitate such buying program or cooperative, upon Franchisor's request, Franchisee will become a member of such group buying program or cooperative, make reasonable dues payments for the services of such group buying program or

purchasing cooperative and execute all documentation reasonably required by Franchisor to facilitate the foregoing.

7. TECHNOLOGY SYSTEM.

(a) Technology System. Franchisee will, upon Franchisor's request, purchase, use, and maintain the Technology System prescribed by Franchisor for the Bumper Business. Franchisor may periodically modify Standards for the Technology System, and, if so, Franchisee will acquire, at its cost (if any), such modified Technology System and the computer hardware and software comprising part of the Technology System within 60 days from the date of Notice from Franchisor. Franchisor may, at its sole option, charge Franchisee for any computer usage costs that Franchisor incurs as a result of Franchisee's use of the Technology System, including but not limited to a systems fee for modifications of and enhancements made to Proprietary Software that Franchisor licenses to Franchisee and other maintenance and support services that Franchisor or its Affiliates furnish to Franchisee related to the Technology System.

Source: Item 23 — RECEIPTS (FDD pages 45–180)