Common use of Positouch System Clause in Contracts

Positouch System. Purchaser shall have the right to use the Seller Group’s Xpient point of sale management information system, including hardware and software (the “Xpient System”) in each Restaurant for a period of ninety (90) days after the Closing (the “Transition Period”) to allow Purchaser time to install the Positouch management information system (the “Positouch System”) required by Franchisor in the Restaurants. At Closing, Purchaser shall receive a credit against the Purchase Price in the amount of $800,000 towards the cost of the installation of the Positouch System. Purchaser shall be solely responsible for any costs in excess of the $800,000 in connection with the installation of the Positouch System. Provided that Purchaser leaves the Xpient System intact at the Restaurants during the Transition Period, Seller Group will provide Purchaser with Xpient System maintenance and support services during the Transition Period, including its customary periodic reports through its Xpient System via email for the Restaurants’ operations. During the Transition Period, Seller Group will also provide Purchaser with the assistance of ▇▇. ▇▇▇▇▇ and the limited use of a room at FRI’s headquarters for POS training during normal business hours and upon reasonable notice to FRI, all subject to reasonable security and confidentiality measures and ▇▇. ▇▇▇▇▇’▇ normal schedule of responsibilities and duties. Seller Group issues no warranties with respect to the Xpient System or Positouch System and assumes no responsibility for the fitness for any purpose of either system. Within five business days after the expiration of the Transition Period, Purchaser shall return to Seller Group, in a method mutually acceptable to the parties and at Purchaser’s sole cost, all Xpient System equipment, including software and hardware, in the same condition as it was as of the Closing, ordinary wear and tear excepted. Other than as stated in this Section, Seller Group shall have no responsibility for any alternative management information system selected and used by Purchaser after Closing.