Who bears the expense of replacing kitchen equipment and technology items for a Burros Fries franchise?

Franchisee also agrees to purchase all kitchen equipment (as defined in Section 12.I) and technology items (such as a POS system, computers, and sound systems) and to operate, service, repair, maintain and clean all such items according to our standards as outlined in the Operations Manual. Franchisee must keep all kitchen equipment and technology items in clean and good working order at all times and purchase only approved parts to repair its kitchen equipment and technology items from our approved vendors and suppliers. All maintenance to the kitchen equipment and technology items that cannot be completed by Franchisee must be performed by our approved vendors. Unless otherwise agreed by us in writing, in no event shall Franchisee use any kitchen equipment that is more than ten (10) years old; and technology items that are more than seven (7) years old. Franchisee agrees to replace all kitchen equipment and technology items at Franchisee's expense as such items (i) become obsolete or inoperable; or (ii) if, in our sole discretion, replacement is necessary because of new functionality, change in software, change in methods of service or because of health or safety considerations. Franchisee has ninety (90) days after Franchisee receives written notice from us to either remove or replace such kitchen equipment and technology items. Failure of Franchisee to remove, replace and/or maintain its kitchen equipment and technology items as described above may result in termination as described in Section 23.C of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 53)