Thursday, May 4, 2023

SUMMARY SUIT

SUMMARY SUIT

IN THE SMALL CAUSES COURT AT BARODA

SUMMARY SUIT NO OF 2017

(Under Order XXXVII of the Code Civil Procedure, 1908)

PLAINTIFF … M/S.SURAT AMMONIA & CHEMICAL COMPANY

A Regd. Partnership firm Under the Indian Companies Act. - Business, and having its Head Office at :- 106/B, Regent Tower, Opp. Income Tax Office, Race Course Circle, Baroda – 390007. And having its Plant & Factory Situated at :- Plot NO.2018, Phase – III, GIDC Estate, Vatva,

Through its Authorize Person Mr. Kirtankumar G. Panchal Aged Years, Religion Hindu, Doing Service At 504,Attantis Heights,5^th Floor,Sarabhai campus, Near Genda Circle, Wadi Wadi Vadodara 390023.

VERSUS

DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED

AT :- Survey No.27, Veedia Village, Gahdnghli Road, SIHOR, TA. & DIST :- BHAVNAGAR.

Suit Valued at Rs.2,70,282.00

The plaintiff above named respectfully begs to submit before the Hon’ble Court ad under:-

1.. That the plaintiff is a Registered Partnership frim, under the The Indian Partnership Act. And having its shop/office at the address mentioned in the cause title of the suit. The plaintiff is inter-alia engaged in the business of Manufacturing and selling certain Anhydrous Ammonia Gas, Liquor Ammonia and other chemicals goods on wholesale sale and semi wholesale basis and the Present Suit filed by the Authorize Person of the Plaintiff Firm.

(2) The plaintiff humbly submits that the Defendant is carrying out its business in name and style of M/S. VAISHNAVI BIO TECH LIMITED , At the address which is mentioned in the cause title. The plaintiff craves the leave of the Hon’ble Court to amend the constitution of the defendant accordingly if the need be in future.

(3) The plaintiff submits that the Defendant approached the plaintiff in the year 2015-2016 and requested to supply LIQUOR AMMONIA, goods as per the credit facilities, and other related terms and con ditions agreed between the plaintiff and defendant. Plaintiff opened an account in its books of account for defendant at BARODA Office and defendant have issued a Purchase Order, and as per purchase order Plaintiff started to effect supply of goods to the defendant as per the order and specifications given by the Defendant. The plaintiff was raising the Bills/Invoice for the goods supplied to defendant and the defendant had received the goods without any defect and had acknowledge the same without any complaint.

(4) The plaintiff submits that the plaintiff is a Partnership firm and maintains and keeps books of account of the all transactions of all the parties including the present defendant . The Plaintiff states that it supplied to the Defendant the goods on credit basis and the defendant in due course of time was making payments as per its convenience but was not that particular and regular in making the payments Accordingly running account was being maintained by and between the parties. The Defendant has never raised any disputes regarding quality of the goods supplied to it.

(5) The Plaintiff states that the business relation with the defendant started in the year 2015. And Defendant has purchased good worth Rs.6,54,235/- from 26/10/2015 to 2/2/2016. The Plaintiff submits that the defendant has failed to make full payment towards its following Bill(s)/Invoice(s) and a full bill amount still remains as outstanding dues in the Books of Accounts maintained by the Plaintiff.

Bill/Invoice No.	Date	Bill/Invoice Amount [Rs.]
2163	18/12/2015	1,47,609.00
2466	02/02/2016	1,39,293.00
	Total	2,86,902.00

(6) The plaintiff submits that as per the book of account maintained by the plaintiff, the Defendant had purchased Chemical goods worth Rs.6,54,235/- Thereafter the Plaintiff has contacted the defendant several times telephonically/personally to pay the outstanding dues, and defendant had paid only a part payment of Rs.4,22,661/- (i.e. Rs.1,22,661/- on Dt.1/12/2015, Rs.2,00,000/- on 29/1/2016, & Lastly Rs.1,00,000’- on 5/4/2016) which is credited in defendant’s account by the plaintiff and after crediting the same Rs.2,31,574-00 still outstanding dues in defendant’s account. Therefore, defendant is liable to pay 15 % Interest on due amount from 2/2/2016 to 31/03/2017.

Plaintiff states that thereafter number of reminder send to the defendant for clear the outstanding dues but defendant failed to make the payment and finally the Plaintiff called upon the defendant to clear the outstanding by issuing legal notice dated.11/2/2017 by RPAD. which was duly served to the Defendant. but defendant failed to make compliance with the same. The Plaintiff states that till date the defendant has neither made the outstanding payment of Rs.2,31,574.00 being the Principal amount nor has given any reply to the notice issued by the Plaintiff. It is further submitted that the plaintiff is entitled to charge the interest at the rate of 15 % per annum as agreed and understood by the defendant and as per the terms and condition of the bill/Invoices raised to the defendant.

(7) The plaintiff is entitled to demand payment of the aforesaid amount as the defendant has failed and neglected to make the payment of the said amount due and/or any part thereof in response to the aforesaid reminders and notice. Under the above circumstances the Plaintiff is constrained to file this suit to recover the dues with interest @ of 15 % and cost.

(8) The Plaintiff is a proprietary firm and regularly maintains its Books of Account and as per the same Rs.6,54,235.00 being the principal amount and interest Rs.36,708.00 Interest accrued @ of 15 % p. a & Notice Charges Rs.2,000.00, aggregating to Rs.6,92,943.00 are due and payable by the defendant as on 31/03/2017 more particularly calculated hereunder:-

	Description	Amount [Rs.]
A.	Principal Amount of as per Statement of Accounts.	6,54,235.00
B.	Interest – @ 15 % p.a.	0,36,708.00
C.	Notice charges	0,02,000.00
	Total amount due with interest, Notice charges [A+B+C]	6,92,943.00
	LESS
A.	Payment paid by defendant, from 26/10/2015 to 31/03/2017 as per statement of account	4,22,661.00
	TOTAL OUTSTANDING DUES	2,70,282.00

(RUPEES TWO LACS SEVENTY THOUSAND TWO HUNDRED EIGHTY TWO ONLY)

It is submitted that the defendant has will fully defaulted and have no intention to repay the debt due to the Plaintiff. Therefore, plaintiff is constrained to file the present suit for recovery of Rs.2,70,282.00 being the debt due as on 31-03-2017 against the defendant before this Hon’ble Court.

(9) The plaintiff submits that the Registered office & factory of the plaintiff is situated at BARODA and carrying on its business at BARODA. The aforesaid transaction were arised out between the plaintiff and defendant at BARODA, the goods was supplied to defendant from Plaintiff’s factory and accounts are maintained at BARODA. and there is a condition in the invoice/Bill i.e. “Subject to BARODA Jurisdiction” and thereby the defendant was submitted to the jurisdiction of this Hon’ble Court. As per the terms and conditions agreed between the parties, the payment was to be made in BARODA to the plaintiff. Thus, the whole transaction were arised and materialised at BARODA and the defendant has submitted to the jurisdiction of this court and therefore the cause of action has arisen at BARODA and therefore this Hon’ble Court has jurisdiction to entertain, try and dispose of the suit.

(10) The Plaintiff states that the cause of action for filling the present suit has arisen as on date when the defendant failed to make the payment of the outstanding dues towards the cloth goods supplied by the Plaintiff by number of invoice and defendant failed to pay the payment of invoice Dt.18/12/2016, & 2/2/2016 as per the statement of accounts, Part payment was made from 1/12/2015 to 5/4/2016 , and when the demand notice issued dated 11/2/2017 raising the outstanding dues with interest to the defendant and the said notice duly served to the defendant, and defendant failed to make payments in compliance with the same, and as such cause of action is still continuing.

(11) The Plaintiff states that the suit is filed within the prescribed period of limitation.

(12) In view of the facts and circumstances narrated above, the Plaintiff prays to this Hon’ble Court as under:-

A. The Hon’ble court may by pleased to allow the suit and pass decree against the defendant for the sum of Rs.2,70,282.00 (RUPEES TWO LAC SEVENTY THOUSAND TWO HUNDRED EIGHTY TWO ONLY) together with interest pendente-lite at the rate of 15 % per annum from the date of filling of this suit till realization in favour of the Plaintiff and against the defendant along with all costs, charges and other expenses that may be incurred from the date of filing of this suit till payment and/or realization by the plaintiff.

B. Any other and further relief’s be granted in favour of the plaintiff against the defendant.

(13) For the purpose of Court Fee. Advocate Fees and jurisdiction the plaintiff values its claim in the suit at Rs.2,70,282/- and has paid court fees of Rs.9,550.00 thereon.

(14) The present suit filed under order 37 Civil Procedure Code and the relief is claimed accordingly. No relief that falls outside the ambit of the order has been claimed in the plaint.

(15) Copy of Plaint, duplicate copy of plaint, Affidavit, Vakalatnama, list, Address Pursis & Application of Summons Served to the Defendant by R.P.A.D Post and Through Court Bailief by taking Emergent Process Fess and copy of the plaint for defendant are filed herewith.

(16) The address of the plaintiff as stated in the title of the plaint is true and correct as per the order 6 rule 14 (A) of the Civil Procedure Code.

BARODA

Date: /03/2017

Verification

I, Kirtankumar G. Panchal Authorize Person of the plaintiff firm, do hereby state and verify that whatever stated in the Plaint is true and correct to the best of my knowledge, information and belief which I believe to be true and correct.

BARODA

Date: /06/2017

V A K I L A T N A M A

IN THE SMALL CAUSES COURT AT BARODA

SUMMARY SUIT NO. OF 2017

PLAINTIFF:

VERSUS

DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED

I/We, Plaintiff, the undersigned do hereby appoint and authorize Shri ,ADVOCATE. BARODA to act, appear and plead for me/us in the above matter and on my/ our behalf to conduct all proceedings connected with the same including proceedings in suits, appeal, and revision to file and obtain return of documents and application fro review, and to present me/us and to take all necessary steps on my/our behalf in the above matter. The said advocate when he/is unable to remain present and for any reason will be entitled to give proxy to any Advocate of his choice. I/We agree to ratify all acts done by the aforesaid advocate in pursuance of this authority.

Date: /06/2017

I ACCEPT.

SUHAG D. JADAV

ADVOCATE.

SHED NO.3, CITY

CIVIL COURT,

INCOME TAX, BARODA

M.NO.9824029242

IN THE SMALL CAUSES COURT AT BARODA

SUMMARY SUIT NO. OF 2017

PLAINTIFF: M/S.SURAT AMMONIA & CHEMICAL COMPANY

VERSUS

DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED

LIST OF DOCUEMNTS

The Plaintiff produces documents by way of List

Sl No. Description Date

01 Office Copy of Partnership firm agreement 19/01/2015

02 Office Copy of Bill No.955 19/03/2015

03 Office Copy of Notice 24/12/2016

04 Copy of Original cover

05 Statement of Accounts

06 Copy of Power Of Attorney

Date : /03/2017

Plate : BARODA Advocate for Plaintiff

IN THE SMALL CAUSES COURT AT BARODA

SUMMARY SUIT NO. OF 2017

PLAINTIFF: M/S.SURAT AMMONIA & CHEMICAL COMPANY

VERSUS

DEFENDANT: M/S. RATNADEEP METAL & TUBES LIMITED

PLAAINTIFF’S ADDRESS PURSIS

The address of the plaintiff as stated in the title of the plaint is true and correct as per the order 6 rule 14 (A) of the Civil Procedure Code.

Place : BARODA

Date : -06 -2017 Advocate for Plaintiff.

Suhag D. Jadav

IN THE SMALL CAUSES COURT AT BARODA

SUMMARY SUIT NO. OF 2017

PLAINTIFF: M/S.SURAT AMMONIA & CHEMICAL COMPANY

VERSUS

DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED

SUBJECT : PERMISSION APPLICATION.

I, the Plaintiff do solemnly state as under through this application that :

1.. The Names and Address mentioned in the cause of title of the suit is true and fair.

2.. The defendant/s are outside the limits of BARODA City, However, the transaction has been taken place within the city of BARODA. As per the terms and conditions agreed between the parties, the payment was to be made in BARODA to the plaintiff. Therefore, this Hon’ble Court has jurisdiction to try the suit.

3.. The said financial transaction was taken place in the BARODA city. They are residing outside of BARODA city. Therefore, this application is filed for the filing of suit before your honour.

4.. It is therefore prayed that …

(A) In considering the said transaction, the Hon’ble court may permit us to file suit.

5.. The required affidavit is enclosed here.

6.. The necessary court fees stamp is affixed on this application.

BARODA.

DT. /06 /2017. ------------------------

PLAINTIFF.

IN THE SMALL CAUSES COURT AT BARODA

SUMMARY SUIT NO. OF 2017

PLAINTIFF: M/S.SURAT AMMONIA & CHEMICAL COMPANY

VERSUS

DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED

I, Mr. Kirtankumar G. Panchal Aged Years, Religion Hindu, Doing Service At 504,Attantis Heights,5^th Floor,Sarabhai campus, Near Genda Circle, Wadi Wadi Vadodara 390023. do hereby take an oath and state on solemn affirmation as under …

1.. The Names and Address mentioned in the cause of title of the suit is true and fair.

3.. The said financial transaction was taken place in the BARODA city. They are residing outside of BARODA city. Therefore, this application is filed for the filing of suit before your honour.

What is stated herein above is true to the best of my own knowledge.

BARODA.

DT. /06 /2017. ------------------------

PLAINTIFF.

IN THE SMALL CAUSES COURT AT BARODA.

S.S.NO. OF 2017

PLAINTIFF:- M/S. SAHEJA SUITS

VERSUS

DEFENDANT:M/S. VAISHNAVI BIO TECH LIMITED

SUIT VALUED AT RS.3,44,120.00

STAMP RS.4900.00

SUB : PLAINTIFF’S SUMMARY SUIT UNDER ORDER-37 OF C.P.C.-1908.

: Duplicate Copy, Plaint, V.P., List, Pursis, Application.

Filed On : /06/2017

ADVOCATE FOR PLAINTIFF

SUHAG D. JADAV

ADVOCATE,

SHED NO.1,CITY CIVIL COURT, INCOME TAX, BARODA

M.NO.9824029242

SANAD NO.G/1428/2003.

PLAINTIFF’S ADVOCATE MR. SUHAG D.JADAV

IN THE SMALL CAUSES COURT AT BARODA

SUMMARY SUIT NO OF 2017

(Under Order XXXVII of the Code Civil Procedure, 1908)

PLAINTIFF … M/S.SURAT AMMONIA & CHEMICAL COMPANY

Through its Authority Person Mr. Kirtankumar G. Panchal Aged Years, Religion Hindu, Doing Service At 504,Attantis Heights,5^th Floor,Sarabhai campus, Near Genda Circle, Wadi Wadi Vadodara 390023.

VERSUS

DEFENDANT: M/S. VAISHNAVI BIO TECH LIMITED

AT :- Survey No.27, Veedia Village, Gahdnghli Road, SIHOR, TA. & DIST :- BHAVNAGAR.

AFFIDAVIT

(3) The plaintiff submits that the Defendant approached the plaintiff in the year 2015-2016 and requested to supply LIQUOR AMMONIA, goods as per the credit facilities, and other related terms and conditions agreed between the plaintiff and defendant. Plaintiff opened an account in its books of account for defendant at BARODA Office and defendant have issued a Purchase Order, and as per purchase order Plaintiff started to effect supply of goods to the defendant as per the order and specifications given by the Defendant. The plaintiff was raising the Bills/Invoice for the goods supplied to defendant and the defendant had received the goods without any defect and had acknowledge the same without any complaint.

Bill/Invoice No.	Date	Bill/Invoice Amount [Rs.]
2163	18/12/2015	1,47,609.00
2466	02/02/2016	1,39,293.00
	Total	2,86,902.00

	Description	Amount [Rs.]
A.	Principal Amount of as per Statement of Accounts.	6,54,235.00
B.	Interest – @ 15 % p.a.	0,36,708.00
C.	Notice charges	0,02,000.00
	Total amount due with interest, Notice charges [A+B+C]	6,92,943.00
	LESS
A.	Payment paid by defendant, from 26/10/2015 to 31/03/2017 as per statement of account	4,22,661.00
	TOTAL OUTSTANDING DUES	2,70,282.00

(RUPEES TWO LACS SEVENTY THOUSAND TWO HUNDRED EIGHTY TWO ONLY)

(11) The Plaintiff states that the suit is filed within the prescribed period of limitation.

What is stated herein above is true to the best of my own knowledge.

BARODA

/06/2017

HUMAN RIGHTS

“To deny people their human rights is to challenge their very humanity “ so said Nelson Mandela.

It is undeniable that human rights violation is one of the most challenging issue in the world. The term human right is a dynamic concept. Human rights are the basic natural rights for the peaceful survival of the people. The expression “Human Right” denotes all those rights, which are inherent in our nature without which we cannot live as a human being. violation of human rights is a global phenomenon . Now even after 70 –years of independence, India still continues to suffer from significant human right violation, despite of framing of many laws and policies and promising and making commitment to tackle the problems. The principal objective of both India and international laws is to protect the human personality and its fundamental rights.

Analysis

In order to understand Human Rights Violation, we need to first understand the definition of human right which is defined under section 2 (d) of the Protection of human right act 1993 which says:- human rights as the rights relating to life , liberty, equality and dignity of individual guaranteed by the constitution or embodied in the international covenants and enforceable by court of india. The universal declaration of human right has emphasized that it is an obligation of state to ensure every one the right to adequate food,education and right to enjoy highest attainable standards of physical and mental health in our society. Human right may be called the basic right, the fundamental right, the natural right or the inherent rights. Our constitution safe guard the human rights , but in spite of all such provision the violation of human rights taking place frequently in society. Cases of child marriage, domestic violence , dowry, sexual harassment child abuse, child labour ,custodial violence have become rampant in the society.

Numerous studied have consistently found that in India majority of the people are illiterate, poor and exploited where violations human rights are bound to be more; but where the people are educated , advance, they are likely to be less prone to in human treatment and exploitation. Apart from the various schemes,laws,acts launchched by government still in many areas continued to fall short both with respect of legal reform and implementation. Government still needs to pay more attention towards their laws and policies and check whether it is properly carried out.

The role of Nationa human right commission is appreciable. The commission has grabbed the problem a little but canot be blamed for its failure as the entire society is involved in this violence.The proper implementation of the human right act also need full cooperation of the government and non government agencies. Of course , realisation of human rights cannot be achieved solely through legislation and administration arrangements. In recognition of this fact ,commission are often entrusted with the important responsibility of improving community awareness of human rights.

Conclusion

There is a dire need to sensitize the women, children, youth and various other communities of the people to spread about human rights and different ways to break its shackles. finally it should be noted that a human right commission is not a prerequisite for a government to uphold the human rights of its citizens. Other state institution such as an independent of judiciary ,or a representative legislation ,can equally provided oversight to ensure recourse and redress to human right abuses.

No nhrc,government ,ngo and specialization agencies can protect fully the human right cases in every cornor of the country, but we the people should be united and create awareness in the society regarding the eternal values of life ,personal liberty and dignity of individual so that it will minimized the human right cases in the country.

The right of every man are diminished when the right of one man are threatened.

the human right is not one what some one give you .........

it is what no one can take away your human right

FRANCHISE AGREEMENT

© Copyright Envision SBS Inc. 2007. All rights reserved. Protected by the copyright laws of the United States & Canada and by international treaties. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.

© Copyright Envision SBS. 2006. All rights reserved. Protected by the copyright laws of the United States & Canada and by international treaties. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW.

FRANCHISE AGREEMENT

THIS FRANCHISE AGREEMENT (hereinafter the "Agreement") is made and entered into on ____ of _____ _____, by and between ______ (hereinafter the "Franchisor"), and ____ (hereinafter the "Franchisee"), for the multinational hotel chain ______ according to the rules of Indian Contract Act, 1872 (“Contract Act”).

In consideration of the covenants and agreements contained herein, and intending to be legally bound, the parties agree hereto as follows:

1) Agreement

The term of this Agreement shall be for the period of 3 years, commencing as of the date of this Agreement. Each year of the Term, as measured from the date of this Agreement, is a "Contract Year."

2) Revenue Sharing

Franchisee shall remit to Franchisor 25% of the net profits of its business in the form of Royalties.

3) Liability

In the event the franchising agreement creates an agency, the franchisor (the principal) could be liable for acts performed by the franchisee (the agent) in the ordinary course of business. The franchisee would be liable to compensate the franchisor for liabilities arising due to acts performed outside the course of the business or contrary to the franchisor’s directions.

4) Protection of Intellectual Property Rights

The franchisor needs to ensure that the franchisee does not use the franchisor’s trademark for purposes outside the purview of the franchise agreement. The franchisor and franchisee should ensure that the brand and goodwill associated with the trademark is not diluted in any manner due to any actions or inactions of the franchisee. Moreover, the franchisee must also take adequate precautions to protect the franchisor’s confidential information from third parties. The franchisee could also be restricted by a negative covenant from competing with the franchisor during the franchise agreement 32 and prevented from divulging any confidential information, trade secrets and know-how during and even post-termination of the agreement.

5) Consumer protection

In case of a franchise, the franchiser and the franchisee could be held liable for any defective goods or services supplied by the franchisee.

6) Tortious Liability

A tort is a civil wrong independent of contract for which the appropriate remedy is an action for unliquidated damages. Tortious liability could arise in a franchise relationship in the following situations: (a) Negligence: Negligence is a breach of duty caused by an act or omission, which results in damage. In a franchising arrangement, the breach of any duty by the franchisor or franchisee, which causes a loss or damage to the franchisee or franchisor, respectively or to any third party, could lead to a civil action for negligence. (b) Vicarious Liability: In the event there is a principal-agent relationship, or an employer-employee relationship between the franchisor and the franchisee, the franchisor could be held liable for any torts committed by the franchisee during the course of the business. However, if the franchisee has acted outside his capacity or contrary to the instructions of the franchisor, the franchisor may be able to recover any damages from the franchisee. If the franchisee is an independent contractor, the franchisor may not be liable for the tortious acts of the franchisee.

7) Labour law

The franchisors are independent contractors and hence the franchisor doesn’t have any discretion of on the franchisee’s level of insurance, uniform and the fare structure.

8) Insurance Law

Necessary insurance risks would need to be assessed and appropriate policies would have to be obtained by the concerned party.

9) Management and Control

The franchisor may want the franchisee to personally participate in the direct operation of the franchise or designate some person as a full-time Manager or Supervisor to look into and control the activities of the business.

10) Force majeure

The duties and obligations of the parties hereunder may be suspended upon the occurrence and continuation of any "Event of Force Majeure" which prevents performance hereunder, and for a reasonable start-up period thereafter. An "Event of Force Majeure" shall mean any act, cause, contingency or circumstance beyond the reasonable control of such party. If any Event of Force Majeure shall prevent the performance of a material obligation of either party hereunder, and if the same shall have continued for a period of longer than 15 days, then either party hereto shall have the right to terminate this Agreement by written notice to the other party hereto.

11) Location

The franchisor may be obligated in assisting the franchisee in locating and negotiating a place to start the franchise outlet, based upon the needs of the franchisor.

12) Termination

Grounds for termination includes a material breach of the agreement, legal incapacity of any party to perform the agreement and changes in the legal and regulatory framework in the country. As a consequence of the termination, the franchisee is constrained from using the intellectual property rights and the business format of the franchisor. The franchisee must return all confidential information obtained during the term of the agreement and completely de-identify itself with the franchisor. The franchisor may also covenant that the franchisee should not open a competing business within the same location.

13) Notice

Either party before making any changes to the agreement or before rescinding or terminating the agreement should give a one-week prior notice.

14) Governing law

This Agreement shall be governed by, and construed under, the laws of India.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

FRANCHISOR FRANCHISEE

_____                                                                                       _____

Authorized Signature Authorized Signature

_____ _____

Print Name and Title Print Name and Title