Under what circumstances is the Deka Lash addendum executed?

information contained in this Schedule and, at our request, prepare and sign a new addendum containing the correct information.

APPROVED AND AGREED TO BY:

FRANCHISEE FRANCHISOR DL Franchising, LLC (Name of corporation, partnership, limited d/b/a Deka Lash liability company or other legal entity or individually if blank) Signature: Signature: Name: Name: Title: Title: Date: Date: Signature: Name: Title: Date: Signature: Name: Title: Date: Signature: Name: Title: Date:

SCHEDULE 3 - STATE ADDENDA TO THE FRANCHISE AGREEMENT

To the extent applicable, the following State Addenda supersede any inconsistent provision in your Franchise Agreement.

The State Addenda to the Franchise Agreement apply to you if you are a resident of the state as to which an Addendum follows, or your franchise territory is in that state, with the exception of Virginia. In the case of Virginia, any Virginia Addendum to the Franchise Agreement only applies if the franchise territory is in Virginia.

CALIFORNIA ADDENDUM TO THE FRANCHISE AGREEMENT

If any of the terms of the Franchise Agreement are inconsistent with the terms below, the terms below control

Sections 10.2 and 10.3 are deleted and in their place are substituted the following:

• 10.2 Termination by Us Without Right to Cure. We may terminate this Agreement without notice and the opportunity to cure for any of the following reasons:
• (a) The franchisee or the business to which the franchise relates has been judicially determined to be insolvent, all or a substantial part of the assets thereof are assigned to or for the benefit of any creditor, or the franchisee admits his or her inability to pay his or her debts as they come due:
• (b) The franchisee abandons the franchise by failing to operate the business for five consecutive days during which the franchisee is required to operate the business under the terms of the franchise, or any shorter period after which it is not unreasonable under the facts and circumstances for the franchisor to conclude that the franchisee does not intend to continue to operate the franchise, unless such failure to operate is due to fire, flood, earthquake, or other similar causes beyond the franchisee's control;
  • (c) The franchisor and franchisee agree in writing to terminate the franchise;
• (d) The franchisee makes any material misrepresentations relating to the acquisition of the Franchised Business or the franchisee engages in conduct which reflects materially and unfavorably upon the operation and reputation of the Franchised Business or system;
• (e) The franchisee fails, for a period of 10 days after notification of noncompliance, to comply with any federal, state, or local law or regulation, including, but not limited to, all health, safety, building, and labor laws or regulations applicable to the operation of the franchise;
• (f) The franchisee, after curing any failure in accordance with Section 10.3 engages in the same noncompliance whether or not such noncompliance is corrected after notice;
• (g) The franchisee breaches the franchise agreement three or more times in a 12-month period, whether or not corrected after notice;

Source: Item 23 — RECEIPT (FDD pages 63–234)