DISTRIBUTOR shall cease selling TCBY Branded Products to any Operator not later than three (3) days following receipt of written notice from COMPANY advising DISTRIBUTOR that such Operator is no longer approved by COMPANY and shall, within such timeframe, further cease selling, under the terms of any supplier agreement negotiated by COMPANY, all Proprietary Products to such Operators referenced in such notice.
Employee shall be entitled to participate in an equity based plan or arrangement which shall consist of a minimum of 1.0% of MFH stock plus Upside Options (as defined in Employment Stock Option Plan) and stock options of TCBY yet to be determined (the "Equity Plan").
If AF fails to correct such lack of conformity within such specified period, TCBY shall have the right to obtain any or all of its requirements from another supplier only for so long as such lack of conformity remains uncorrected, subject to such longer-term supply commitments that TCBY may have been required to make in order to obtain the Licensed Products during such lack of conformity.
On or before the date that is twenty calendar days following the due date of any invoice (the "Invoice Date") for Specialty Products (as defined below), AF shall remit the TCBY Portion owing under such invoice to TCBY, regardless of whether AF shall have collected the entire amount of the Distributor Purchase Price owing under such invoice.
TCBY agrees to use it best efforts not to enter into any long-term supply arrangements with other suppliers during a lack of conformity.