operating techniques.
C.
Franchisor shall provide Franchisee with access to the Manual as more fully
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described in Paragraph VII. hereof, the contents of which Manual may be amended
or supplemented by Franchisor from time to time.
D.
Franchisor shall include such information as Franchisor deems appropriate about
Franchisee and other System franchisees on Franchisor's Website (as defined
below) and in such other electronic and other sales promotion material as may
from time to time be determined by Franchisor.
E.
Franchisor may, from time to time and at its sole discretion, offer certain
products and services to Franchisee, for purchase at Franchisee's option,
including Hertz Equipment Rental System Standard Rental Agreements, other forms,
stationery, standard Hertz Equipment Rental signs, sales promotional materials,
and decalcomania, upon such price, terms, and conditions as Franchisor may
determine.
F.
Franchisor shall, as may be deemed appropriate by Franchisor, include on
Franchisor's Website such information with respect to rates, equipment and
conditions under which the Product Line may be rented from System franchisees.
G.
Franchisor shall, at its sole discretion, make available to Franchisee, such
programs as Franchisor may from time to time develop or designate to facilitate
the purchase of various equipment and materials required in the Franchised
Business (at Franchisor's sole discretion, from Franchisor, its Affiliates, or
third party suppliers), upon such price, terms and conditions as Franchisor may
determine, and to the extent permitted by law.
H.
Franchisor shall make available to Franchisee, at Franchisor's sole discretion
and upon such terms as Franchisor deems advisable, access to a program for the
disposal of used equipment.
I.
Notwithstanding anything to the contrary contained in this Agreement, any
obligation Franchisor may have to provide training or assistance that involves
personnel traveling to the Area of Responsibility is subject to Franchisor's
determination, in its sole discretion and based on such information as
Franchisor deems appropriate, including U.S. State Department travel advisories,
that it is safe to travel to the proposed destination.
J.
Franchisee acknowledges and agrees that any designee, employee, regional/branch
offices, contractor or agent of Franchisor may perform any duty or obligation
imposed on Franchisor by this Agreement, as Franchisor may designate.
IV.
FEES
A.
In consideration of the license granted herein, Franchisee shall pay to
Franchisor the following fees:
(1)
An initial fee of Forty Five Thousand Dollars ($45,000.00) upon execution of
this Agreement, of which thirty Thousand Dollars($30,000.00) shall be for costs
heretofore incurred by Franchisor in connection with this Agreement and Fifteen
Thousand Dollars ($15,000.00) shall be for costs incurred by Franchisor in
furnishing assistance and services to Franchisee during the initial phase of the
Franchised Business, which are to defray Franchisor's
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costs of any kind or nature by way of reimbursement or otherwise.
Franchisee
acknowledges and agrees that the initial fee shall be deemed fully earned upon
execution of this Agreement as consideration for Franchisor's lost or deferred
opportunity to license others and to defray Franchisor's costs. If Franchisor
permits Franchisee to defer payment of a portion