or permitted
by this Agreement.
Owner's Name and Mailing Address
Percentage and Nature of
Ownership Interest
Submitted by Franchisee
Accepted by Franchisor and
made a part of the Development
Agreement as of_______________, _______.
KRISPY KREME DOUGHNUT
CORPORATION,
(Name of corporation,
limited liability a North Carolina corporation
company or partnership)
By:
By:
Print Name:
Print Name:
Title:
Title:
By:
Print Name:
Title:
Owners:
(Signature)
(Print Name)
(Signature)
(Print Name)
B-2
EXHIBIT C
TO THE DEVELOPMENT AGREEMENT BETWEEN
KRISPY KREME DOUGHNUT CORPORATION
AND
_____________________________
DATED____________,__________
FORM OF FRANCHISE AGREEMENT
(Please see Exhibit 10.3 to the Company's Annual Report on Form 10-K for fiscal
2008)
C-1
EXHIBIT D
TO THE DEVELOPMENT AGREEMENT BETWEEN
KRISPY KREME DOUGHNUT CORPORATION
AND
_____________________________
DATED____________,__________
FORM OF COMMISSARY FACILITY AGREEMENT
D-1
KRISPY KREME DOUGHNUT CORPORATION
COMMISSARY FACILITY AGREEMENT
BASIC TERMS
FOR USE ONLY TOGETHER WITH A HOT SHOP OR
FRESH SHOP/KIOSK AGREEMENT
A. Effective Date
(Insert date Franchisee
executes the agreement):
B. Franchisor:
Krispy Kreme Doughnut Corporation, a North Carolina corporation
C. Facility Number:
D. Facility Address:
E. Franchisee:
Franchisee's
Address:
Telephone:
Fax No.:
E-mail Address:
F. Principal
Owners:
G. Managing Director:
H. General Manager:
I. Term:
The time
period commencing on the Effective Date and expiring 15
years after the
Effective Date
Franchisor:
(initials) Franchisee:
(initials)
D-2
TABLE OF CONTENTS
Page 1. BACKGROUND
5 2. DEFINITIONS
5 3. ACKNOWLEDGMENTS, REPRESENTATIONS,
AND WARRANTIES 9 4. GRANT OF FRANCHISE 11 5. FRANCHISOR'S RESERVATION OF RIGHTS
12 6. SITE SELECTION 12 7. LEASE OR PURCHASE OF SITE 13 8. FACILITY DEVELOPMENT
13 9. BUILDING, EQUIPMENT, FIXTURES, FURNISHINGS, SIGNS AND SUPPLIES 14 10.
COMPUTER SYSTEM 15 11.
FACILITY OPENING 16 12. CAPITAL IMPROVEMENTS 16 13.
ROYALTIES 17 14. TRAINING AND GUIDANCE 17 15. SYSTEM STANDARDS 18 16. MARKS 19
17. CONFIDENTIAL INFORMATION 20 18. PATENTS AND INVENTIONS 21 19. WORKS OF
AUTHORSHIP AND COPYRIGHTS 22 20. EXCLUSIVE RELATIONSHIP 23 21. COMPLIANCE WITH
LAW 23 22.
MARKETING AND ADVERTISING 24
D-3
TABLE OF CONTENTS
(continued)
Page 23.
ACCOUNTING, REPORTS AND FINANCIAL STATEMENTS
25 24.
TRANSFER
26 25.
SUCCESSOR FRANCHISE
29 26.
TERMINATION OF FRANCHISE
30 27.
EFFECT OF TERMINATION OR EXPIRATION
31 28.
RELATIONSHIP OF
PARTIES/INDEMNIFICATION
34 29.
MISCELLANEOUS
37 30.
ACKNOWLEDGMENTS
39
EXHIBIT A
FRANCHISEE INFORMATION
EXHIBIT B
PRINCIPAL OWNERS' PERSONAL
GUARANTY
EXHIBIT C
INVESTOR PERSONAL COVENANTS
EXHIBIT D
AUTHORIZATION FOR
ACH DEBITS OR CREDITS
EXHIBIT E
AUTHORIZED OFF-PREMISES SALES
D-4
KRISPY KREME DOUGHNUT CORPORATION
COMMISSARY FACILITY AGREEMENT
THIS COMMISSARY FACILITY AGREEMENT (this "Agreement") is made and entered
into as of the Effective Date by and between Franchisor and Franchisee.
1.
BACKGROUND
1.1
Franchisor has developed, as a result
of considerable time, skill, effort, and money, a distinctive system for
operating stores called "Krispy Kreme Stores" that offer and serve a variety of
doughnuts, beverages, and other authorized products and services under the
Marks.
1.2
Franchisor's Affiliate, HDN Development Corporation, owns the
Marks and has granted Franchisor the right to sublicense the Marks to its
franchisees for their use in producing the Products.
1.3
Franchisor