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no. b-000119-c melinda matthews, individually ) in the district court ...

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103<br />

1 A Ask me that aga<strong>in</strong>.<br />

2 Q Do you k<strong>no</strong>w what <strong>the</strong> legal implications of <strong>the</strong><br />

3 American Dairy Queen and Strickland Drive Dairy Queen<br />

4 franchise agreement are?<br />

5 A Some.<br />

6 Q Page 11, top, it is your understand<strong>in</strong>g that <strong>in</strong><br />

7 1997 ADQ developed a program under which Texas<br />

8 Dairy Queen stores could be audited by a playground<br />

9 safety consultant?<br />

10 A Yes.<br />

11 Q Was <strong>the</strong> right to do that <strong>in</strong> <strong>the</strong><br />

12 Strickland Drive Dairy Queen franchise agreement?<br />

13 A No.<br />

14 Q So, that's someth<strong>in</strong>g that American Dairy Queen<br />

15 was able to do outside <strong>the</strong> Strickland Drive Dairy Queen<br />

16 agreement?<br />

17 A The franchise agreement doesn't give <strong>the</strong>m <strong>the</strong><br />

18 right or <strong>no</strong>t - doesn't address whe<strong>the</strong>r <strong>the</strong>y can or can't<br />

19 do it. It was a program <strong>the</strong>y developed. The agreement<br />

20 would be silent on whe<strong>the</strong>r or <strong>no</strong>t <strong>the</strong>y could do it.<br />

21 Q And if <strong>the</strong> agreement - franchise agreement is<br />

22 silent on whe<strong>the</strong>r or <strong>no</strong>t <strong>the</strong> franchisor can do<br />

23 someth<strong>in</strong>g, how is it that <strong>the</strong> franchisor gets to do<br />

24 that?<br />

25 A As a leader, good bus<strong>in</strong>ess practices, prudent.

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