What is included in the Cream 'Computer System'?

Once you receive our approval of your Lease, you must promptly apply for permits and other local licenses necessary to complete the construction outlined in your Construction Plans. We may require that you use suppliers we approve or designate to manage your permit and licensing applications. After signing your Lease and obtaining necessary permits, you must promptly begin to develop and outfit your Shop in accordance with the Construction Plans we have approved, at your cost, including that you must promptly obtain all required zoning changes, planning consents, building, utility, sign and business and other permits, consents and licenses necessary to lawfully open and operate your Shop. You may not modify the Construction Plans in any manner without our approval of such modifications. You must ensure that your Shop is designed and constructed in all respects in accordance with the Construction Plans we have approved. You must also, at your cost, to do all things necessary to develop and prepare your Shop for opening in accordance with this Agreement and our System Standards (defined in Section 4.E) including that you must:

• (1) obtain and install the operating assets we designate from time to time as meeting our System Standards for quality, design, appearance, function, and performance, including: (i) the computer hardware, software, and point-of-sale system (collectively, the "Computer System"), and (ii) all other fixtures, furniture, equipment, furnishings, and signage and other assets we specify as meeting our System Standards;

You must use the Computer System to maintain certain sales and other financial data, customer information, and other information we designate. You agree that we will have access to your Computer System at all times and that you must ensure that we and our designees have the right to access, collect, and retain from the Computer System any and all data concerning your Shop, other than the software you use to maintain payroll and other human resource files. At our request, you agree to sign a release with any supplier of your Computer System, providing us and our designees with such access to the Computer System as we may request from time to time. If such supplier is not willing to grant independent access for any reason, you agree to provide us and our designees access to your Computer System through your account and/or administrator privileges we specify.

You understand that the System will continue to evolve during the Term and the System Standards may change periodically. These modifications may obligate you to invest additional capital in your Shop and/or incur higher operating costs. You agree to implement any changes to your Shop in accordance with our System Standards within the time period we request, including by purchasing any additional or modified equipment, inventory, or other products or supplies, using alternative suppliers, making changes to signage and advertising materials, offering additional or modified products or services, changing marketing or business strategies, and/or updating the Computer System. You will be solely responsible for the costs of implementing all changes to your Shop.

Source: Item 23 — RECEIPTS (FDD pages 61–192)