Page 561 - Onboarding May 2017

must be in writing and signed by a duly authorized representative of the waiving party. If
any provision of this Agreement is held to be unenforceable, the remaining provisions will
remain in effect and the parties will negotiate in good faith a substantially comparably
enforceable provision to replace the unenforceable provision.

36.0 THIRD PARTY BENEFICIARY

36.1 Third Party Beneficiary.
Operator and Distributor expressly acknowledge that CSCS and DineEquity are third-party
beneficiaries of this Agreement, and as beneficiaries, may take action to enforce the
provisions of this Agreement. Operator and Distributor waive any defense or claims that
CSCS or DineEquity is not entitled or has no standing as a third party beneficiary to protect
its rights.

37.0 ENTIRE AGREEMENT

37.1 Entire Agreement; Modifications.
This Agreement, including the attached Exhibits, and the applicable Distribution Services
Agreement constitute the entire agreement of the parties as to the subject matter of this
Agreement and supersedes all prior or contemporaneous agreements, proposals, discussions
or correspondence, whether written or oral. This Agreement may only be amended or
modified by a written document signed by an authorized reprehensive of each party.

37.2 Miscellaneous.
The section and paragraph headings contained in this Agreement are for reference only and
will not be considered as substantial parts of this Agreement. The use of the singular or
plural form in this Agreement will include the other form and the use of the masculine,
feminine or neuter gender will include the other gender.

This Agreement is executed by authorized officers of Operator and Distributor.

SIGNED:

[Operator Name] Company Name: Distributor
Address: Address:

By: By:

Printed Name: Printed Name:

Title: Title:

Date: Date:

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