What is the purpose of the sample confidentiality agreement in relation to the success of Augusta Lawn Care franchisees?

terms of this Agreement upon written notice to you by limiting the scope of the Prohibited Activities, narrowing the definition of a Competitive Business, shortening the duration of the Restricted Period, reducing the geographic scope of the Restricted Territory and/or reducing the scope of any other covenant imposed upon you under this Agreement to ensure that the terms and covenants in this Agreement are enforceable under applicable law.

EXECUTED on the date stated below.

Date: Signature Print Name

EXHIBIT F TO AUGUSTA LAWN CARE FRANCHISE AGREEMENT

SAMPLE CONFIDENTIALITY AGREEMENT

This Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Augusta Franchise LLC, a Washington limited liability company, and its renewals and assigns ("us"), upon the terms and conditions set forth in this Agreement.

1. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:

"Augusta Lawn Care Business" means a business that operates a Business providing landscaping and lawn maintenance services of exterior residential and commercial properties, including lawn mowing, leaf and debris cleanup, artificial turf and sod installation and repair, lawn care treatments and fertilizations, grading and excavation, tree trimming and pruning, snow plowing and salting, gutter cleaning, pressure washing, and general "handyman services."

"Copyrights" means all works and materials for which we or our affiliate have secured common law or registered copyright protection and that we allow franchisees to use, sell or display in connection with the marketing and/or operation of an Augusta Lawn Care Business, whether now in existence or created in the future.

"Franchisee" means the Augusta Lawn Care franchisee for whom you are an officer, director, employee or independent contractor.

"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Knowhow and System.

"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing and/or operation of an Augusta Lawn Care Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies and information comprising the System and the Manual.

"Manual" means our confidential operations manual for the operation of an Augusta Lawn Care Business.

"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of an Augusta Lawn Care Business, including "Augusta Lawn Care", and any other trademarks, service marks or trade names that we designate for use by an Augusta Lawn Care

Business. The term "Marks" also includes any distinctive trade dress used to identify an Augusta Lawn Care Business, whether now in existence or hereafter created.

"System" means our system for the establishment, development, operation and management of an Augusta Lawn Care Business, including Know-How, proprietary programs and products, confidential operations manuals and operating system.

• 1. Background. You are an employee or independent contractor of Franchisee. As a result of this association, you may gain knowledge of our System and Know-how. You understand that protecting the Intellectual Property is vital to our success and that of our franchisees and that you could seriously jeopardize our entire franchise system if you were to unfairly compete with us. In order to avoid such damage, you agree to comply with the terms of this Agreement.
• 1. Know-How and Intellectual Property. You agree: (i) you will not use the Knowhow in any business or capacity other than Augusta Lawn Care Business operated by Franchisee; (ii) you will maintain the confidentiality of the Know-how at all times; (iii) you will not make unauthorized copies of documents containing any Know-how; (iv) you will take such reasonable steps as we may ask of you from time-to-time to prevent unauthorized use or disclosure of the Know-how; and (v) you will stop using the Know-how immediately if you are no longer an officer, director, employee or independent contractor of Franchisee. You further agree that you will not use the Intellectual Property for any purpose other than the performance of your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
• 1. Immediate Family Members. You acknowledge that you could circumvent the purpose of this Agreement by disclosing Know-how to an immediate family member (i.e., spouse, parent, sibling, child, or grandchild). You also acknowledge that it would be difficult for us to prove whether you disclosed the Know-how to family members. Therefore, you agree that you will be presumed to have violated the terms of this Agreement if any member of your immediate family uses or discloses the Know-how. However, you may rebut this presumption by furnishing evidence conclusively showing that you did not disclose the Know-how to the family member.
• 1. Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area;

Source: Item 23 — RECEIPTS (FDD pages 44–184)