Does Amorino allow for any exceptions to the non-compete agreement, and if so, what is the process for obtaining approval?

oprietary to us and that it may not be used except under a franchise agreement with Franchisor.

2. NONCOMPETITION AND NON-SOLICITATION

Covenantor agree that during the term of Covenant's employment with and/or ownership of Franchisee (and for a two (2) year uninterrupted period following the termination or expiration of such employment and ownership for any reason), except as otherwise approved in writing by Amorino, Covenantor shall not, either directly or indirectly, for himself/herself, or through, on behalf of, or in conjunction with any person, or legal entity:

• (1) Divert or attempt to divert any present or prospective customer or supplier of the Franchised Business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Proprietary Marks and the System.
• (2) Employ or seek to employ any person who is or has been within the previous 30 days employed by Amorino or an Affiliate of Amorino as a salaried managerial employee, or otherwise directly or indirectly induce such person to leave his or her employment.
• (3) Own, maintain, advise, operate, engage in, be employed by, make loans to, invest in, provide any assistance to, or have any interest in (as owner or otherwise) or relationship or association with, any business that engages in the production or sale at retail or wholesale of gelato or other ice cream products, and any other products or services offered by your Store or proposed to be offered by your Store or similar Amorino Stores, other than a Amorino Store operated pursuant to a then-currently effective franchise agreement with Amorino. at any location within the United States, its territories or commonwealths, or any other country, province, state or geographic area that (i) is, or is intended to be, located at the location of the former Franchised Business; (ii) within the former Protected Area of the Store (or, if there was no protected area, within a three-mile radius of the Store); or (iii) within a three-mile radius of any other Store operating under the System and Proprietary Marks in existence or under development at the time of such expiration, termination or transfer. The obligations described in this Section shall be tolled during any period of noncompliance.

This Section will not apply to any ownership by you of less than a two percent (2%) beneficial interest in the outstanding equity securities of any publicly held corporation.

3. INJUNCTIVE RELIEF.

Covenantor agrees that a breach of this Agreement will cause irreparable injury to Franchisee and Franchisor, and entitles Franchisee and Franchisor to an order of specific performance and/or a temporary, preliminary or permanent injunction, without bond, from a court or agency of competent jurisdiction, court costs, reasonable expenses of litigation, reasonable attorney's fees, and any other appropriate relief. Covenantor agrees that his or her only remedy if an injunction is entered against you will be the dissolution of that injunction, if warranted, upon due hearing, and expressly waive all claims for damages caused by the wrongful issuance of any injunction.

4. COSTS AND ATTORNEYS' FEES.

If Franchisor or Franchisee engages legal counsel in connection with any failure by Covenantor to comply with this Agreement, Covenantor shall reimburse Franchisor and/or Franchisee, as applicable, their reasonable attorneys' fees whether incurred before, during or after any trial, arbitration or appeal.

Source: Item 22 — CONTRACTS (FDD pages 80–81)