21.6 General publication. If the franchisees have a franchise agreement or land development currently effective of the company, this is a condition for the effectiveness of 9.4.1 Company will separate administratively in its books and all advertising costs received by the franchisee and all other franchisees of the company. Nothing in this case is considered to be the creation of a trust fund, and the corporation can align advertising royalties with its general resources and spend them in the manner provided. For each diedrich coffeehouse that operates the business or one of its related businesses, the company or subsidiary will similarly award advertising royalties to the amount that should be paid when a franchisee operates a Diedrich Coffeehouse franchise business in the same location. 6.1.1 The franchisee employs at any time a manager and one or more support managers acceptable to the company and other employees acceptable to the company, each of whom has been trained by the company or by an instructor certified by the company and certified as a barista in accordance with company policies and standards and at least one of whom must work at any time at The Diedrich Coffeehouse , while diedrich Coffeehouse is open to the public. The company offers, at no additional cost, an initial training program in the company`s system and operating methods of up to 5 people selected by the franchisee, including the general manager and deputy manager of Diedrich Coffee Coffeehouse. This initial training program consists of a maximum duration of 5 weeks of training, since the company can determine at one or more of the following sites: (i) the company`s head office in Irvine, California, (ii) in a company or franchise café, (iii) on the franchisee`s site or (iv) in locations or locations that may be designated by the company. In the case of a franchisee that is a business entity, the company may require the general manager to be the owner, public servant or other designated representative 21.2 Waiver and delay. No renouncement of the company to a violation or a series of violations or loss of benefits by franchisees, nor a refusal or negligence of the company to exercise a right, power or option granted to it under a different franchise agreement between the company and the franchisee, whether before, after or at the same time with the performance of that business (and regardless of whether it is related to Diedrich Coffee House) or on the strict compliance or performance of the franchisee`s obligations in the strict performance or performance of the franchisee`s obligations in this agreement, any other franchise agreement between the company and franchisee, whether it was concluded before, after or simultaneously with the execution of this agreement (whether it is related to the Diedrich Coffeehouse or the manuals) or the manuals, requires a waiver of the provisions of this agreement or manuals with respect to a subsequent violation of this agreement or a waiver of company`s right to demand accurate and rigorous compliance with the provisions of this Agreement.
The company will review the franchisee`s written requests for the company`s agreement to waive any obligation imposed by this agreement. However, franchisees acknowledge that the company is not required to act consistently with respect to waiver declarations, applications and consents, as each application is reviewed on a case-by-case basis and nothing is construed as requiring the company to respond to such a request.