Is there a specific manner in which Aerus requires franchisees to use the Marks?

will be deemed to extend on a month-to-month basis and both parties will have the right to terminate (and prevent further extensions of) this Agreement upon at least thirty (30) days' written notice.

3. License of the Marks.²

A. Company hereby grants to Franchisee a limited non-exclusive right and license to use the Marks in strict accordance and compliance with the terms and conditions of this Agreement, the Policies and Procedures and any specific guidelines Company may impose from time to time. Company may, at its option from time to time, modify and change the Marks permitted to be used by Franchisee hereunder and the manner in which such of the Marks may be used, including discontinuing the permitted use of any of the Marks. This license does not permit, and it shall be strictly prohibited for, Franchisee to use or include any of the Marks as a part of Franchisee's legal business name. All rights and licenses granted pursuant to this Section or otherwise in this Agreement concerning the Marks shall automatically terminate upon the expiration or termination of this Agreement, and Franchisee shall promptly thereafter return to Company any documents, forms, applications, signs, banners, advertisements, marketing information, product specifications, sales literature and other material bearing the Marks. All rights and goodwill in any of the Marks are the sole and exclusive property of Company and any applicable licensor of Company, and all use of the Marks shall inure to the sole benefit of Company and Company's Affiliates. Nothing in this Agreement gives Franchisee any right in or to any of the Marks, except as specifically set forth in this Agreement. Franchisee shall not, for itself or together with any other person or entity, challenge Company's right, title or privilege in or to any of the Marks. Franchisee acknowledges the value of the Marks and the importance for Company to maintain proper control of the use of the Marks and to protect the Marks from infringement, abuse and misuse. Franchisee further acknowledges that any infringement, abuse or misuse of the Marks would result in irreparable injury to Company for which no adequate remedy at law may be available, and, notwithstanding any general requirement to arbitrate disputes, Franchisee consents to the issuance of an injunction prohibiting any conduct by Franchisee that may constitute infringement, abuse or misuse of the Marks or that otherwise would violate the terms of this Section without the necessity of showing actual or threatened harm, likelihood of success on the merits of the claims and without being required to furnish a bond or other security. Franchisee agrees to pay all court costs and reasonable attorneys' fees incurred by Company in connection with the enforcement of this Section, including payment of all expenses for obtaining specific performance of, or an injunction against violation of, the requirements of this Section.

B. Franchisee shall notify Company immediately by telephone, and thereafter in writing, of any apparent infringement of or challenge to Franchisee's use of any of the Marks or of any claim by any person of any rights in any of the Marks. Company shall have the right to take such action as it deems appropriate in connection with the foregoing, including the right to control any settlement, litigation or proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any of the Marks. Franchisee shall execute any and all instruments and documents, shall render such assistance, and shall do such acts or things as may, in Company's reasonable opinion, be necessary or advisable to protect and maintain Company's

² For Franchised Businesses located in the State of Minnesota, Company will protect Franchisee's right to use the Marks or indemnify Franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the Marks, provided that Franchisee is using the Marks as provided in the Manuals or as otherwise required by Company or by its Affiliates.

or Company's Affiliate's interests in any litigation or other proceeding or to otherwise protect and maintain Company's, Company's Affiliate's or any other interested party's interest in the Marks.

• C. The rights in, and license of, the Marks granted hereunder are non-exclusive and, in addition to those rights described elsewhere in this Agreement, Company and Company's Affiliates retain all rights not expressly granted in this Agreement, including without limitation, the rights: (1) to grant other licenses for use of the Marks, in addition to those licenses already granted to existing franchisees, if any; (2) to develop and establish other systems using the Marks or other names or marks and to grant licenses thereto without providing any additional rights hereunder;

Source: Item 23 — Receipts (FDD pages 74–305)