. You acknowledge that the then-current form of Franchise Agreement may differ from Our current Franchise Agreement, and may include materially different economic terms, including, but not limited to, higher training fees and marketing fund contributions, however, the franchise fee and royalty fee will remain the same as the first Franchise Agreement.

5.2 Development Schedule.

• (a) Acknowledging that time is of the essence, You agree to exercise Your development rights according to Section 5.1 and according to the Development Schedule set forth on Addendum B, which schedule designates the number of CINCH I.T. Franchised Businesses in the Development Area to be established and in operation by You upon the expiration of each of the designated development periods ("Development Periods").
• (b) During any Development Period, You may, with Our prior written consent, develop more than the number of CINCH I.T. Franchised Businesses that You are required to develop during that Development Period. Any CINCH I.T. Franchised Businesses developed during a Development Period in excess of the minimum number of CINCH I.T. Franchised Businesses required to be developed upon expiration of that Development Period shall be applied to satisfy Your development obligation during the next succeeding Development Period. You shall not open more than the number of CINCH I.T. Franchised Businesses You are obligated to develop under this Agreement, as set forth in the Development Schedule; provided, however, that You may be permitted to open CINCH I.T. Franchised Businesses in excess of the number permitted by the Development Schedule if You receive Our advanced written permission, which may be granted or denied in Our sole discretion. You shall pay Us the then-current Initial Franchise Fee and the then-current Initial Training Fee, reduced as applicable, at the time You sign a Franchise Agreement for any additional CINCH I.T. Franchised Businesses.
• (c) If during the term of this Agreement, You, in accordance with the terms of any Franchise Agreement for a CINCH I.T. Franchised Business developed under this Agreement, transfer Your interest in such CINCH I.T. Franchised Business, the transferred CINCH I.T. Franchised Business shall continue to be counted in determining whether You have complied with the Development Schedule so long as it continues to be operated as a CINCH I.T. Franchised Business.
  • (d) Opening Schedule.
    • (i) You shall open each CINCH I.T. Franchised Business and shall commence

6

business in accordance with the Development Schedule set forth on Addendum B, unless, subject to Our approval, You obtain an extension of the Development Period from Us to commence operation of a particular CINCH I.T. Franchised Business under the procedure defined in (d)(ii) below. Each extension shall be for an additional ninety (90) day period commencing upon the expiration of the applicable Development Period, including any previous extensions thereof ("Extension Date"). No more than two (2) extensions of any Development Period will be permitted. If an extension of a Development Period is granted by Us, the Opening Date for the CINCH I.T.

Source: Item 23 — RECEIPTS (FDD pages 60–269)