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

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

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171<br />

1 It states: The <strong>no</strong>n-core operations of <strong>the</strong> bus<strong>in</strong>ess, <strong>in</strong><br />

2 which category I would put safety and security, are <strong>in</strong><br />

3 <strong>the</strong> franchisee's doma<strong>in</strong> and <strong>no</strong>t <strong>the</strong> franchisor's, right?<br />

4 A That's what it says.<br />

5 Q Okay. You put safety and security <strong>in</strong>to <strong>the</strong><br />

6 <strong>no</strong>ncore category. How did you do that? Is that just<br />

7 your op<strong>in</strong>ion?<br />

8 A Yes.<br />

9 Q And I would k<strong>in</strong>d of like to k<strong>no</strong>w how you<br />

10 formed that op<strong>in</strong>ion. How does <strong>the</strong> typical franchise<br />

11 expert go about categoriz<strong>in</strong>g certa<strong>in</strong> actions as core or<br />

12 <strong>no</strong>ncore?<br />

13 A They might do it a number of ways. They might<br />

14 make a list of th<strong>in</strong>gs that say when is this franchise<br />

15 <strong>no</strong>t - <strong>no</strong>t - let's say -- Let's pick Franchise X. When<br />

16 is this <strong>no</strong>t - <strong>no</strong>t this franchise anymore - if it<br />

17 elim<strong>in</strong>ates do<strong>in</strong>g what?<br />

18 An example is food safety, okay? What<br />

19 you do with food safety is <strong>the</strong> franchisor says that<br />

20 whatever <strong>the</strong> standards and <strong>the</strong> regulations are of <strong>the</strong><br />

21 local authorities with food safety, <strong>the</strong> franchisee has<br />

22 to follow that, okay? That's a good example of safety<br />

23 is <strong>no</strong>t a core.<br />

24 Q And what is important to me is <strong>no</strong>t as much<br />

25 whe<strong>the</strong>r food safety is or is <strong>no</strong>t a core, but how you

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