Common use of Bookkeeping and Accounting Clause in Contracts

Bookkeeping and Accounting. You'll establish and maintain at your own expense a bookkeeping, accounting, recordkeeping and records retention system conforming to requirements prescribed by us from time to time (including, without limitation, requirements for timely entering of information into databases of a computer program designated by us and periodic printouts of reports generated by such computer program). Each transaction related to your Rubio's Store will be processed on a computer system as prescribed by us. You will use (and only use) the cash register, computer and other systems (including hardware and software) as designated by us from time to time in the exercise of our reasonable business judgment. We may, from time to time in the exercise of our reasonable business judgment, designate different cash register, computer and other systems for use in your Rubio's Store and may modify such systems, and/or may require you to obtain management information and similar services from one or more suppliers designated by us (which may include us and/or affiliates of ours), each of which you'll promptly and fully comply with at your sole expense. As directed by us, you will participate in our electronic reporting system covering sales and other items, with direct interconnection to (and full, on-line access by) our computer hardware and software systems. You will continuously use, maintain and update electronic cash register, computer and other systems (including point-of-sale, back-office and other systems) and software programs which meet such specifications as we designate, from time to time in the exercise of our reasonable business judgment, and which, in some cases, may include components only available from us, our affiliates and/or suppliers designated by us. You will maintain your systems on-line to provide full access for computer systems used by us and you will promptly update and otherwise change your electronic cash register, computer hardware and software systems as we require from time to time in the exercise of our reasonable business judgment, at your sole expense. We reserve the right to have full access to such electronic cash register, computer and other systems and the sales information and data contained therein and to retrieve, analyze, download and use the software and all data contained therein (as well as any other information reported to us) at any time. You will promptly and fully pay all amounts charged by any supplier or licensor of the systems and programs used by you, including charges for use, maintenance, support and/or update of these systems or programs. We may require you to obtain specified computer hardware and/or software, including, without limitation, a license to use proprietary software developed by us or others. Modification of specifications for the components of the cash register, computer and other systems may require you to incur costs to purchase, lease and/or license new or modified computer hardware and/or software and to obtain service and support for the cash register, computer and other systems during the term of this Agreement. We cannot estimate the future costs of the cash register, computer and other systems (or additions, modifications, maintenance or support) and your related costs may not be fully amortizable over the remaining term of this Agreement. You agree to pay all costs in connection with obtaining, maintaining, upgrading, etc. the computer hardware and software comprising the cash register, computer and other systems (and additions, modifications, maintenance or support), including (but not limited to) the services of any "help desk" or other support function, whether provided by us and/or anyone else. Within 60 days after you receive notice from us, you will obtain, install and thereafter use the components of the cash register, computer and other systems that we designate from time to time. We have the right to charge a reasonable fee for the license, modification, maintenance or support of proprietary software that we may license to you and other goods and services that we or any affiliates furnish to you related to the cash register, computer and other systems.