What is the Del Taco franchisee's responsibility regarding the site construction package furnished by Del Taco?

in Section 3.5 or otherwise in the Manuals.

• 3.10 No Refunds. Upon the expiration or termination of this Agreement, Del Taco shall not refund any amounts paid pursuant to this Agreement for any reason whatsoever.

4. Services By Del Taco.

• 4.1 Development of the Restaurant. Del Taco or its designee shall make available to Franchisee a copy of its standard construction package as modified from time to time, which may include plans and specifications, site criteria, and sample site plans, which Franchisee must adapt, at Franchisee's expense, for use at the site selected by Franchisee and a copy of Del Taco's specifications for the furniture, fixtures, furnishings, equipment, signs and all other property that Del Taco may specify for use in the Restaurant. Franchisee acknowledges that such specifications shall not contain the requirements of any federal, state or local law, code or regulation (including those concerning the Americans with Disabilities Act (the "ADA") or similar rules governing public accommodations or commercial facilities for persons with disabilities), nor shall such plans contain the requirements of, or be used for, construction drawings or other documentation necessary to obtain permits or authorization to build a specific Restaurant, compliance with all of which shall be Franchisee's responsibility and at Franchisee's expense. Franchisee shall adapt, at Franchisee's expense, the standard specifications to the Restaurant location, subject to Del Taco's approval, as provided in Section 5.1 below, which will not be unreasonably withheld, provided that such plans and specifications conform to Del Taco's general criteria. Franchisee understands and acknowledges that Del Taco has the right to modify the architectural plans and specifications as Del Taco deems appropriate from time to time.
• 4.2 Initial and Ongoing Assistance. Prior to the Restaurant opening, Del Taco may provide to Franchisee, its Operating Principal (as defined in Section 5.27.4.1 below), Restaurant Manager (as defined in Section 5.27.4.3 below), Shift Managers (as defined in Section 5.27.4.4 below) and to such of Franchisee's other employees of which Del Taco shall approve for training, such training programs as Del Taco may designate, to be conducted at such time(s) and location(s) designated by Del Taco. Del Taco may also provide such ongoing training as it may, from time to time, deem appropriate. Del Taco shall be responsible for the cost of instruction and materials, subject to the terms set forth in Section 5.4.7 below.
• 4.3 Opening Assistance. Del Taco shall provide such pre-opening assistance to Franchisee as Del Taco prescribes in the Manuals or otherwise in writing, including assisting Franchisee in formulating its initial opening orders for inventory and supplies. Del Taco may have one of its representatives present at the Restaurant for such assistance and consultation as it deems appropriate. The date and time of the preopening support will be determined by Del Taco. Franchisee must reimburse Del Taco for its representatives' travel, meals, and lodging incurred while providing pre-opening support. Del Taco or a third-party vendor approved by Del Taco may assist Franchisee with pre-opening technical support services. Franchisee agrees to pay Del Taco's and/or its Approved Vendor's fees associated with such technical support, which may include certain hourly fees. Del Taco will provide such additional onsite preopening and opening supervision and assistance as Del Taco deems advisable.
• 4.4 Manuals. Del Taco shall loan or otherwise provide Franchisee access to Del Taco's confidential Standard Operating Procedures Manual and other manuals (the "Manuals"), which may be revised from Del Taco from time to time.
• 4.5 Merchandising and Marketing Advice. Del Taco may provide Franchisee such merchandising, marketing and other related advice as Del Taco deems advisable and as Del Taco may develop from time to time.
• 4.6 Ongoing Assistance.

Source: Item 22 — CONTRACTS (FDD pages 58–59)