Food Service Contract_ Sample.pdf

FOOD SERVICES MANAGEMENT AGREEMENT

BY AND BETWEEN

LANE COMMUNITY COLLEGE

AND

xxxxxxxxxxxxxxx

ARTICLE I

INTRODUCTION

1.1 Parties

This Food Services Management Agreement (Agreement) is entered into between Lane Community

College ("College") and xxxxxxxx, ("Vendor"), a corporation located in Lane County, Oregon.

1.2 Purpose

This Agreement sets forth the terms, covenants and conditions under which Vendor will manage and operate a "Manual Food Service" at College's main campus, located at 4000 E. 30th Avenue, Eugene, OR

97405 ("Premises"). The term "Manual Food Service" describes the right and obligation to prepare and sell food, beverages, and other similar items for consumption by students, employees, guests, and visitors to Lane Community College.

1.3 License not Lease

This Agreement does not create a leasehold interest. Rather, the College is licensing the right to use certain facilities for purposes of this Agreement.

1.4 Agreement Term

This Agreement shall have a term of two academic years, commencing on xxxxxxxxxxx and ending on xxxxxxxxxxxxxx.

1.5 Termination and Suspension

The Agreement may be terminated by a party in the event the other party breaches a material provision hereof ("cause"). The non-breaching party must give the other party notice of such a cause. In the event such cause is not remedied within thirty (30) days, the non-breaching party shall have the right to terminate this Agreement by serving upon the other party written notice of termination and setting the date for such termination.

The College may terminate this Agreement immediately without Vendor having a right of cure if the

College reasonably determines in its sole discretion that Vendor has failed to comply with any law, rule or regulation regarding food safety or sanitation or that food prepared or sold by Vendor has caused any illness.

Should this Agreement be terminated by the College, the College will have no liability whatsoever with respect to any costs incurred or anticipated loss of sales and/or profits by Vendor, other than for services already provided.

1.6 Pandemic-related Closures or Restrictions

Vendor agrees to abide by all federal, state, local, and College-generated guidance related to pandemic risk mitigation. Guidance may include, but is not limited to, sanitation, masking, gloves, physical barriers, service restrictions, social distancing, and other measures, including limitations or closure of in-person services.

1.7 Agreement Payment

The rent shall be xxxx per month for the length of this agreement, plus any other applicable charges. No

Gross Receipt payment will apply. Rent shall be paid by the 20th of each month. Checks should be made out to Lane Community College and submitted to:

Lane Community College

Attn: Accounts Receivable

PO Box 50850

Eugene OR 97405-0999

ARTICLE II

SERVICES TO BE PERFORMED

2.1 Food Services and Sales

College grants to Vendor the right to operate the Manual Food Service on or from College's Center

Building in Venue D, described in Exhibit A of this Agreement. College shall have the right to make reasonable regulations with regard to Vendor's use of Premises. College's authorized representatives shall have access to all areas of the Manual Food Service at all times.

2.2 Authority for Operational Decisions

The Vice President of Finance and Operations or designee on behalf of the College shall have the authority to make operational decisions that are to be agreed to by the parties.

2.3 Performance Standards and Food Specifications

A. Overall Quality: The Vendor shall provide the maximum quality of food, service, and good public relations to all members of the campus community. The Vendor is obligated to provide all management required ensuring the satisfactory performance of this Agreement.

B. Food Standards: The following shall be employed by the Vendor

1. Beef - USDA inspected, Grade Choice.

2. Ground Beef - Shall not have a fat content to exceed 22% of weight.

3. Poultry - USDA inspected, Grade A.

4. Fish and Seafood - Fish must be a nationally distributed brand, packed under continuous inspection by the U.S. Department of Interior and any other applicable regulatory agencies.

5. Eggs and Dairy Products - USDA inspected, Grade A.

6. Produce - Number 1 quality

7. Canned Fruits, Fruit Juices and Vegetables, USDA inspected, Grade A fancy.

8. All Other Food Products - Must be of comparable quality to the items specified above.

C. General Standards: The following service standards shall be followed in food preparation, service and cleanup:

1. All food shall be attractively displayed.

2. Serving lines and counters shall be well stocked throughout the entire time of service. The last customer shall be offered as good a product offering and selection as the first customer.

3. All hot food shall be served hot (above 140 degrees F), and all cold food shall be served cold

(below 41 degrees F, unless otherwise approved by the College).

4. All the Vendor's employees shall be instructed in proper

● Preparation of food products offered.

● Cleaning procedures.

● Personal hygiene and dress standards.

● Sanitation standards.

5. All Vendor's employees shall be polite in their service and diplomatic when enforcing rules and regulations.

6. Housekeeping and general unit sanitation shall always meet the highest possible standard and shall at all times be acceptable to the College.

7. All food products stored in the Venue or in shared storage space shall be properly wrapped, with the date of production clearly written on the package.

8. All spills shall be removed promptly.

9. All Vendor's employees shall wear uniforms, name tags and hats.

10. Vendor's employees shall participate in any food service certification programs required by the

College.

11. All foods packaged by the operator must be clearly labeled with the name of the product, ingredients, date prepared and sales price.

2.4 Hours of Operation

Vendor shall serve a mutually agreed upon variety of nutritious foods of high quality, in substantial quantities, on Monday through Friday, 9AM to 3PM, excluding official College holidays and scheduled or safety- related closures, unless other days or hours are otherwise mutually agreed upon by the parties.

Vendor shall not be obligated to provide services between academic terms, that is, after the last day of finals and before the first-class day of the subsequent term.

2.5 Prices

College and Vendor have determined the initial prices and portions at which items will be sold. The prices and portions agreed upon, as reflected in Exhibit B, attached hereto and incorporated by reference, shall remain fixed for a period of one year. Vendor may propose amendments to prices and/or portions at any time during the term of this agreement, and College may approve or deny such changes.

2.6 Pre-Packaged Food

Vendor shall limit pre-packaged food options, including chips, candy, cookies, and other such products, to no more than 10% of total sales in any given month.

2.7 Non-Food Offerings

Vendor shall limit non-food options for purchase, such as mugs, gift items, apparel, or other non-food merchandise, to no more than 10% of total sales in any given month.

2.8 Services in Emergencies

In the event of an emergency affecting College's main campus, Vendor may be required to provide necessary food service to students, employees, and community members who may be located at College throughout the duration of the emergency. Within thirty (30) days after Vendor has provided food services under this subsection, College shall reimburse Vendor for the reasonable cost of any food provided.

2.9 College Meeting Requirement

Vendor's management shall agree to meet periodically with College representatives when requested by the College. Vendor also has the right to request such an extended meeting with the College, and the

College shall facilitate such a meeting in a timely and responsive manner. Vendor shall make every effort to work well with all other vendors on the campus and help ensure the orderly operation of the overall food service program.

ARTICLE III

MANAGEMENT AND PERSONNEL

3.1 Vendor's Employees

Vendor shall provide a sufficient number of qualified management and non- management employees to operate the Manual Food Service, including an on-site manager. All personnel employed by Vendor shall at all times and for all purposes be deemed solely Vendor's employees. College reserves the right to require replacement of any of Vendor's employees.

Vendor's employees performing services on premises shall be subject to the rules and regulations established by College, the state of Oregon and the Federal Government, as reasonable and necessary.

3.2 Payroll Taxes and Costs

Vendor shall prepare and process the payroll for its employees and shall pay all applicable federal and state employment taxes and payroll insurance, including any income, social security and unemployment taxes and worker's compensation costs.

3.3 Nondiscrimination

Vendor shall comply with all applicable Federal, State and local laws and regulations including College's policies concerning nondiscrimination and equal opportunity in contracting. Vendor shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training (including apprenticeship), hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation.

Nor shall Vendor discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

3.4 Health and Safety Requirements

Vendor shall comply with all applicable requirements of the Oregon laws and administrative rules in regards to health and food safety for food service facilities. Required approvals and permits shall be obtained from Lane County Department of Health and the Oregon Health Authority. From time to time, Vendor may be asked to comply with regular training in regards to Title IX, ADA Accommodations, or other College-mandated topics related to the health and safety of students and employees. Such training will typically be provided through an online portal at no cost to Vendor, and may be completed at

Vendor's convenience within an established period of time for compliance, usually 60 to 90 days.

3.5 Emergency Notification

College utilizes an emergency notification system, called LCC Alert, to notify employees, students, and others of safety-related information via sms text message and/or email. Vendor shall appoint at least one designated recipient of LCC Alert notifications. Receipt of a LCC Alert message shall act as official notification of safety hazards or emergencies.

Primary LCC Alert Designee:

Secondary LCC Alert Designee (optional):

ARTICLE IV

FACILITIES, MAINTENANCE AND INVENTORIES

4.1 Premises and Equipment

A. Vendor shall be permitted to use the equipment provided by College, listed in Exhibit C of this

Agreement. Vendor may, at its sole discretion and expense, provide additional commercial-grade equipment for use in operation of Manual Food Service on College premises, provided that the equipment is safe, sanitary, and in proper working condition. Vendor accepts all responsibility for inspection, training, and supervision of staff to ensure safe, appropriate use of Vendor- provided equipment. College shall not be liable for any damage or injury resulting from use or misuse of Vendor-provided equipment, under any circumstances.

B. College has no right, title, or interest in any equipment, inventory, or other property furnished or installed by Vendor on the Premises. College shall not operate, remove or tamper with such equipment, inventory, or other property, except for reasons of safety, imminent threat of damage to College property, or emergencies as described in Article II of this Agreement.

4.2 Condition of Premises and Equipment

A. The Premises, Venue, and equipment provided as listed in Exhibit B by each party for the performance of this Agreement shall be in good condition and maintained by College in accordance with applicable laws.

B. Vendor shall take responsibility for the Venue and equipment under its custody and control. No alterations or additions shall be made to Premises without College's prior written consent. Vendor shall be responsible for any damage done to the Premises, Venue, or College's equipment as a result of the acts or omissions of Vendor's officers, employees, agents or invitees.

4.3 Sanitation

The responsibilities of the parties with respect to the normal and customary cleaning of the Manual Food

Service Premises shall be as follows:

A. Vendor shall be responsible for the housekeeping and sanitation of the food preparation, storage, and serving areas. College shall clean hard surface floors within food preparation, storage, and serving areas, provided any mats or other moveable items are removed by

Vendor at end of service each day. College shall also clean walls above 6 feet from floor level, ceilings, lighting, ventilation systems and grease traps, and shall provide pest control in accordance with College Integrated Pest Control plan.

B. Vendor shall be responsible for basic sweeping and wiping down tables within common eating areas in the area that extends 15 feet from the front of the Venue, during Vendor's normal operation hours. College shall provide standard custodial services for the remainder of

Premises through Custodial Department, Specialized Support Services Program, or other arrangement, for tables and common eating areas located on the first and second floor of the

Center Building during mealtime hours. College may adjust custodial staffing and scheduling periodically to meet College operational needs.

C. Vendor shall transport refuse and recyclable material to the immediate collection areas, located on the loading dock of the Manual Food Premises. College will also provide access to recycling and food compost receptacles; which Vendor agrees to use in accordance with

College sustainability policies and procedures.

D. College reserves the right to have designated representatives review, inspect, evaluate, and require changes at the Vendor's expense, in the operation and condition of the facilities at any time with respect to the safety, sanitation, and maintenance of the facilities, all of which shall be maintained at levels satisfactory to the College.

4.4 Maintenance

A. Except as otherwise described in this Agreement, Vendor shall maintain the Manual Food

Services Premises, including any equipment owned or placed in the venue by the Vendor. College shall be responsible for all costs of the maintenance of College's equipment provided under this

Agreement and listed in Exhibit C.

B. Vendor shall be responsible for the cost of any replacement or repair of College's equipment necessitated by the misuse or negligence on the part of Vendor's employees.

C. Upon expiration or termination of this Agreement, Vendor shall surrender College's equipment located in the Manual Food Service Premises, as shown on the certified inventory list incorporated herein as Exhibit B and approved by both parties. Said equipment, or its equal quality in replacement, shall be returned to College in the same order and condition as when received by Vendor, except for reasonable wear and tear.

4.5 Utilities

College shall supply and pay the cost of the utilities used by Vendor in the operation of the Manual Food

Services. During the term of this Agreement, the College shall provide to Vendor sufficient utilities for

Manual Food Service operation, including without limitation, electricity, gas, and water, at no additional cost or expense to Vendor. Any cost of upgrading or relocating wiring, plumbing or electrical to accommodate Vendor's operation shall be borne by Vendor, and must be approved in writing and performed or contracted by the College.

College shall provide Wi-Fi access to Vendor, at no additional cost or expense to Vendor. Credit card processing, point of sale systems, and telephone service, if required, including but not limited to any connection and maintenance fees, shall be the sole responsibility of Vendor. All such systems shall be

PCI DSS compliant in accordance with the official PCI Security Standards, available online at https://www.pcisecuritystandards.org/document library.

4.6 Inventories of Food and Supplies

A. Vendor shall purchase and hold in its own name an inventory of food, beverages and supplies necessary for the performance of its obligations under this Agreement. Secure dry goods storage space available to Vendor varies by venue. Vendor shall provide a locking shelf or similar container, made of stainless steel, epoxy-coated steel, or other materials appropriate for commercial refrigeration, mounted on wheels for portability, which may be placed in shared stock rooms, refrigerator and/or freezer spaces in shared commercial kitchen facilities located in

Center building. College reserves the right to approve any such shelves provided by Vendor to be placed in shared or common areas. All such equipment owned by Vendor shall be clearly labeled with the Vendor name and contact information.

B. College shall not be liable for loss, theft, or spoilage of food or beverages under any circumstances. In the event of a planned power outage, Vendor shall receive notice of date and anticipated duration of power loss no less than 7 days prior to scheduled outage. In case of an unanticipated loss of power, Vendor shall be notified via LCC notification system as described in section 3.4 of this Agreement.

4.7 Compliance with Environmental Laws

For the purposes of this Agreement, the term “Hazardous Substances” means and includes all hazardous and toxic substances, waste, or materials, any pollutant or contaminant, including, without limitation, PCBs, asbestos, asbestos containing materials, and raw materials that are included under or regulated by any Environmental Laws. For the purposes of this Lease, the term “Environmental Laws” means and includes all federal, state and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination and clean-up of Hazardous Substances.

References in this Agreement to “laws” are deemed to include Environmental Laws. The College represents that to the best of its current actual knowledge, the Building is in compliance with all

Environmental Laws respecting Hazardous Substances, and that The College has received no notice of any pending or threatening lien, action or proceeding respecting any alleged violation of Environmental

Laws affecting the Building. Tenant will not cause or permit any Hazardous Substances to be brought upon, kept, used, disposed or discharged, in, on, from or about the Premises by its agents, employees, contractors, customers, clients, guests or invitees except as incidental to Vendor’s permitted use of the

Premises, and only in quantities that are less than the quantities that are required to be reported to governmental or other authorities under applicable law or regulations.

4.8 Pesticides

Vendor shall not store or use any pesticides without the express written consent of the College. College acknowledges that extermination services may be vital to the successful operation of Tenant’s business and that the damage caused to Tenant’s business by infestation of pests or rodents is difficult, if not impossible, to calculate. If it is determined that the existence of any pests or rodents have been caused by

Vendor’s acts or omissions, Vendor shall be responsible for eradication costs. However, if a licensed exterminator shall determine that any infestation problem in the Premises is caused by other Vendors or from parts of the Building that the College is required to maintain, then the College shall promptly take whatever action is required, including but not limited to, extermination services, to prevent infestation of the Premises. College’s failure to perform the necessary extermination actions shall be a material breach of this Agreement.

ARTICLE V

FINANCIAL ARRANGEMENTS

5.1 Gross Sales

As used in this Article, the term "gross sales" means all sales made from Vendor's activities on College premises, less customer returns, meals to Vendor employees, and promotional items sold at cost. A statement of gross sales should be made available by the vendor at the request of the College.

5.2 Vendor Accounting and Records

A. Vendor shall keep an accurate and true record of all sales, and will permit College to examine such records for the purpose of verifying the correctness of any reports or payments made to

College by Vendor. Vendor shall use a cash register to issue automated sales receipts to its customers upon demand.

B. Vendor shall, at Vendor's expense, provide a detailed balance sheet and a profit and loss statement to include at a minimum Gross Sales, Cost of Goods, Payroll, and other Expenses, prepared on an accrual basis including all adjustments necessary for fair presentation of the financial statements to College within ninety (90) days after the end of each lease year.

C. Vendor shall maintain its books and records in accordance with generally accepted accounting principles. College reserves the right to audit all operating statements and/or examine Vendor ledger or bookkeeping system at any time during the term of this Agreement, with reasonable notice to Vendor. Vendor acknowledges and agrees that College has the right to impose these requirements on Vendor regardless of whether College imposes the same requirement on other vendors.

D. Vendor shall maintain financial records during the term of this Agreement and for a period of three (3) years from termination of this contract or until all claims, if any, have been resolved, whichever period is longer, or longer if otherwise required under any other provisions of this

Agreement.

5.3 College's Obligations

At its sole cost and expense, College shall provide the utilities and janitorial supplies used by College personnel, pest control, painting, fire suppression systems, and extended coverage insurance for the

Premises. College shall, at its sole discretion, purchase new Manual Food Service equipment and replace worn, College-owned Manual Food Service equipment as needed.

5.4 Liens

A. Vendor shall keep the premises and equipment free and clear of all mechanic's liens or other liens. The Vendor agrees to and shall indemnify, protect, defend, and save the College to be free and harmless against any and all liability, loss, damage, costs, attorney's fees, and all other expenses, on account of claim(s) of lien of laborers or material persons, or others for work performed and/or material or supplies furnished to the Vendor or persons claiming under it.

B. If the Vendor shall desire to contest any claim of lien, it shall furnish the College adequate security of equal value or an amount equal to the claim plus estimated costs and interest. In place of this amount, the Vendor may supply a bond from a responsible surety, in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, the Vendor shall pay and satisfy the same at once.

C. If the Vendor is in default in paying any charge for which a mechanic's lien claim and suit to foreclosure of the lien has been filed, and has not given the College security to protect the property and the College against such claim of lien, the College may, but shall not be required to, pay the said claim and any cost. The amount so paid, together with reasonable attorney's fees incurred in connection therewith, shall be immediately due and owing from the Vendor to the

College, and the Vendor shall pay the same to the College, with interest, at the maximum lawful rate from the date the College incurs the debt.

D. Should any claims of lien be filed against the premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof.

E. The College and its representative shall have the right to go upon and inspect the premises at all reasonable times, and shall have the right to post, and keep posted thereon, notices of non-responsibility, or such other notices which the College may deem to be proper for the protection of the College's interest in the premises. The Vendor shall, before the commencement of any work, which might result in any lien, give the College written notice of its intention to do so in sufficient time to enable the posting of such notice(s).

5.5 Financial Adjustments

The financial terms of this Agreement shall be adjusted, by mutual agreement of the parties, to reflect changes in Vendor's costs and expenses resulting from any changes in College's policies and practices, or changes in the federal or state minimum wage laws.

ARTICLE VI

GENERAL TERMS AND CONDITIONS

6.1 Compliance with Law

Vendor shall, during the term of this Agreement, comply with all applicable Federal, State and Local rules, regulations and laws in Lane County, Oregon.

6.2 Taxes and Licenses

Vendor shall collect any applicable taxes and remit the same to the appropriate taxing authority. Vendor shall obtain at its sole expense any permit(s), license(s), or bond(s) required by this Agreement, any municipal or county ordinance or regulations, and any state or federal law or regulation. The Vendor shall be solely liable for and shall pay at its sole expense all taxes lawfully assessed in connection with or arising out of this Agreement.

6.3 Insurance

A. The Vendor shall obtain, in such form and with such carriers as are reasonably satisfactory to the College, and keep in force at its sole expense during the term of this Agreement, the following:

1. General Liability:

Comprehensive or Commercial Form

a) Each Occurrence $1,000,000

b) Product Liability/Completed Operation $1,000,000

c) Personal and Advertising Injury $1,000,000

d) General Liability $1,000,000

e) Inventory (in an amount agreed upon by College and Vendor) e)

Umbrella/Excess Liability $2,000,000

2. Business Automobile Liability: for Owned, Scheduled, Non-owned, or Hired

Automobile with a combined single limit of not less than $1,000,000 per occurrence.

3. Worker's Compensation: as required under Oregon Law.

4. Such other insurance in such amounts which from time to time may reasonably be required by the mutual consent of the College and the Vendor against other insurable hazards relating to performance.

5. These policies (except Worker's Compensation) shall include:

The College and its board members, officers, agents, and employees, as an additional insured to the extent that such parties are liable for losses arising out of Vendor's negligent acts or omissions in performing services under this Agreement and shall contain a covenant requiring thirty (30) days written notice to the College before cancellation of Coverages.

6. These policies shall be primary and noncontributing with any Insurance carried by the College and shall contain a severability of interest clause as though a separate policy had been issued to each. Certification of insurance shall be furnished to the College at least thirty (30) days prior to the commencement of services provided under this Agreement.

7. In the event that the Vendor fails to maintain and keep in force General Liability Insurance with a Fire Legal Liability Endorsement thereto, and Worker's Compensation Insurance as herein provided, along with any other insurance required by the College, the College shall have the right to cancel and terminate this Agreement.

First, the vendor must provide a copy of their Certificate of Insurance showing Lane

Community College as additionally insured.

6.4 Indemnity

The Vendor shall indemnify and hold the College and its board members, officers, employees, and agents harmless from and against any liability, loss, expense, attorneys' fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Vendor or its officers, agents or employees.

6.5 Assignment

This Agreement may not be assigned by either party without the written consent of the other party.

6.6 Modification

No modification or change to this Agreement shall be binding upon any party unless contained in a writing signed by the other party.

6.7 Severability

If any term, covenant or condition of this Agreement shall be deemed invalid or unenforceable in a court of law or equity, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.

6.8 Waiver

The failure of either party to insist upon the strict performance of any of the terms, covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy they may have, and shall not be deemed a waiver of their right to thereafter require the strict performance of any such terms, covenants and conditions.

6.8 Authorization

College hereby designates its Vice President of Finance and Operations, or designee, to give any notices and otherwise to exercise the rights of College under this Agreement.

6.9 Force Majeure

In the event the premises are destroyed, partially or in whole by fire or by other casualty, rendering the

Vendor unable to provide services, either the College or the Vendor may elect to terminate this

Agreement by serving written notice to the other. If the Vendor is unable to operate due to a force majeure no operating fees shall be due during this period. The College shall not be liable to the Vendor for any loss of property or income incurred by the Vendor resulting from such force majeure.

6.10 Notices

Any notice required to be given under this Agreement, or which either party may wish to give, shall be in writing and shall be personally delivered or sent in writing by certified mail, addressed as follows:

To College: Lane Community College

Attn: Vice President of Finance and Operations

Administration Building

Building 3/2nd Floor

4000 E. 30th Ave. Eugene, OR 97405

To Vendor:

Or to such other places as either party may designate by written notice.

6.11 Entire Agreement

This Food Service Agreement with all attachments and exhibits represents the entire agreement of the parties with respect to the Manual Food Services to be performed by Vendor. All prior or contemporaneous oral and written agreements by and between the parties or their agents and representatives with respect to such matters are revoked and extinguished by this Agreement.

VENDOR

By: Date:

Name: [VENDOR CONTRACT]

Title: Partner, [BUSINESS NAME], LLC

LANE COMMUNITY COLLEGE

Name:

Title: Vice President of Finance & Operations

Title: General Counsel

Title: President, Lane Community College

EXHIBIT A

“XXXXXX the right to operate the Manual Food Service on or from College’s Center Building in Space

No. B (“venue”), described in exhibit A of this Agreement.

EXHIBIT B

Please submit a finalized menu for inclusion in this agreement prior to signing.

(menu & operation description)

EXHIBIT C

The following equipment shall be provided by College as part of the lease of xxxx