Does the Aplus Development Agreement allow the Franchisor to require a Franchisee to prospectively assent to a waiver that relieves any person from liability imposed by the Rhode Island Franchise Investment Act?

THIS AMENDMENT TO FRANCHISE ("Amendment") is intended to be a part of, and by this reference is incorporated into that certain Franchise Agreement ("Franchise Agreement") between Sunoco Retail LLC ("Franchisor", "Sunoco" or "we") and AGREEMENT effective , ("Franchisee" or "you"). In recognition of the requirements of the Rhode Island Franchise Investment Act, the Franchise Agreement is amended as follows: 1. Franchisor will not require that Franchisee prospectively assent to a waiver, condition, stipulation, or provision that purports to relieve any person from liability imposed by the Rhode Island Franchise Investment Act. This provision does not apply to the settlement of disputes, claims, or civil lawsuits brought under the Rhode Island Franchise Investment Act. 2. If a claim is enforceable under the Rhode Island Franchise Investment Act, Franchisor will not restrict jurisdiction or venue to a forum outside the State of Rhode Island or require the application of the laws of another state. 3. Franchisor will not prohibit Franchisee from joining a trade association or association of franchisees. Franchisor will not retaliate against Franchisee for engaging in these activities. 4. Any provision in the Franchise Agreement that limits the time period in which Franchisee may assert a legal claim against Franchisor under the Rhode Island Franchise Investment Act is amended to provide for a four (4) year statute of limitations for purposes of bringing a claim arising under the Rhode Island Franchise Investment Act. Notwithstanding the foregoing, if a rescission offer has been approved by the Rhode Island director of business registration, then the statute of limitations is ninety (90) days after Franchisee's receipt of the rescission offer. Each provision of this Amendment shall be effective only to the extent that the jurisdictional requirements of the Rhode Island Franchise Investment Act applicable to the provisions are met independently of this Amendment. To the extent this Amendment shall be deemed to be inconsistent with any terms or conditions of said Franchise Agreement or exhibits or attachments thereto, the terms of this Amendment shall govern. IN WITNESS WHEREOF, each of the undersigned hereby acknowledges having read this Amendment, and understands and consents to be bound by all of its terms. SUNOCO RETAIL LLC

Source: Item 22 — CONTRACTS (FDD page 68)