During the TERM. SHOPPE COMPANY will designate a source from which FRANCHISEE shall purchase HAAGEN-DAZS® PRODUCTS, and will designate or approve sources for other items purchased by FRANCHISEE in connection with the operation of the SHOP, as more particularly described under Section 11.7. 6.7 Ongoing Advice and Assistance. During the TERM, SHOPPE COMPANY shall, at no charge, from time to time provide FRANCHISEE with such advisory assistance, information, techniques, data, and instructional materials concerning the sale of items from the SHOP, operation of the SHOP, marketing programs applicable to the SYSTEM, local marketing of the SHOP, and adherence to the SYSTEM STANDARDS as SHOPPE COMPANY deems advisable. Article 7 Initial Fees 7.1 The "FRANCHISE FEE." FRANCHISEE shall pay an initial franchise fee (the "FRANCHISE FEE") to SHOPPE COMPANY, for the right to enter into this AGREEMENT and in consideration of the FRANCHISE, in an amount determined as follows: (a) If this AGREEMENT grants the Franchise to a New FRANCHISEE for a New Haagen-Dazs® Shop, then the full amount of the FRANCHISE FEE is $30,000. The FRANCHISE v--»—^ 6 April 2006 FEE is due in two installments. The first installment, in the amount of $10,000, must be paid upon FRANCHISEE'S signing of this AGREEMENT. The second installment, in the amount of $20,000, must be paid within 15 days following SHOPPE COMPANY'S designation of the SHOP PREMISES under the terms of EXHIBIT A. (b) If this AGREEMENT grants the Franchise to an Existing FRANCHISEE for a New Haagen-Dazs® Shop, then the full amount of the FRANCHISE FEE is $15,000. The FRANCHISE FEE is due in two installments. The first installment, in the amount of $10,000, must be paid upon FRANCHISEE'S signing of this AGREEMENT. The second installment, in the amount of $5,000, must be paid within 15 days following SHOPPE COMPANY'S designation of the SHOP PREMISES under the terms of EXHIBIT A. (c) If this AGREEMENT grants a Successive Term Franchise, then the full amount of the FRANCHISE FEE shall be $10,000, which is due and payable upon FRANCHISEE'S signing of this AGREEMENT. 7.2 Failure to Timely Pay Second Installment of FRANCHISE FEE. If FRANCHISEE fails to timely pay the second installment of the FRANCHISE FEE, if required under Section 7.1(a) or 7.1(b), then SHOPPE COMPANY shall have the absolute right to declare this AGREEMENT void, retain the first installment of the FRANCHISE FEE paid by FRANCHISEE, and shall otherwise have no remaining obligations to FRANCHISEE under this AGREEMENT.
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