7.3 FRANCHISE FEE is Nonrefundable. The FRANCHISE FEE is nonrefundable except to the extent specifically described in Sections 5.2.4(c), and 7.4, and Sections 4.4(a) and Article 5 of EXHIBIT A. 7.4 Partial Refund Upon Failure To Satisfy Initial Training Requirement. If the initial DESIGNATED SHOP MANAGER fails to complete training to the satisfaction of SHOPPE COMPANY, in accordance with Section 11.3.1, then SHOPPE COMPANY will give FRANCHISEE an opportunity to designate a different initial DESIGNATED SHOP MANAGER under Section 11.2, who must complete training to the satisfaction of SHOPPE COMPANY before the SHOP first opens for business. If the second initial DESIGNATED SHOP MANAGER also fails to complete training to the satisfaction of SHOPPE COMPANY, or FRANCHISEE declines the opportunity to have a second initial DESIGNATED SHOP MANAGER attend SHOPPE COMPANY'S training program, then SHOPPE COMPANY may cancel this AGREEMENT. If SHOPPE COMPANY cancels this AGREEMENT under this Section 7.4, then SHOPPE COMPANY shall refund the FRANCHISE FEE (to the extent already paid by FRANCHISEE), less $5,000, which amount SHOPPE COMPANY shall have an absolute right to retain, and SHOPPE COMPANY shall have no further obligations to FRANCHISEE under this AGREEMENT. Article 8 GRAND OPENING Program 8.1 Optional GRAND OPENING. FRANCHISEE may, but shall have no obligation to, conduct a grand opening event (the "GRAND OPENING"). 8.2 Participation by SHOPPE COMPANY. If this AGREEMENT contemplates a NEW HAAGEN-DAZS® SHOP, and the GRAND OPENING satisfies each of the criteria set forth in Section 8.2.1, then SHOPPE COMPANY will financially participate in the GRAND OPENING, by providing FRANCHISEE with goods, services, and/or money, as determined solely by SHOPPE COMPANY, having a combined monetary value equal to V4 of the GRAND OPENING expenditures approved by SHOPPE COMPANY and actually made by FRANCHISEE, up to a maximum financial participation by SHOPPE COMPANY in the amount of $2,000. 8.2.1 Grand Opening Criteria. In order for FRANCHISEE to become entitled to SHOPPE COMPANY'S financial participation in connection with the GRAND OPENING, FRANCHISEE must: (a) at least 30 day prior to the GRAND OPENING, submit a proposed GRAND OPENING plan to SHOPPE COMPANY, detailing the marketing elements being proposed by FRANCHISEE, and the anticipated expenditures for each;
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