What rights does Augusta Lawn Care grant to franchisees regarding intellectual property?

NOW, THEREFORE, the parties agree as follows:

4. GRANT OF FRANCHISE

4.1 Granting Clause

Augusta Lawn Care grants to You the right and You hereby undertake the obligation upon the terms and conditions set forth in this Agreement: (a) to establish the Augusta Lawn Care Business at the Approved Location that includes the provision of such products and services as designated by Augusta Lawn Care, and (b) to use solely in connection therewith the Trade Name, Marks, and System, as they may be changed, improved and further developed from time-to-time. You shall not engage in any other business at the Approved Location without the prior written consent of Augusta Lawn Care.

4.2 Approved Territory

During the term of this Agreement, and except as otherwise provided in this Agreement, Augusta Lawn Care agrees that it shall not establish, nor license any other person to establish another Augusta Lawn Care Business at any physical location within Your Approved Territory. You have no exclusivity. You have no right to exclude development of concepts owned, franchised, or licensed by Augusta Lawn Care or its affiliates. Additionally, although no other Augusta Lawn Care Business may operate at any physical location in your Territory, Augusta Lawn Care and other Augusta Lawn Care franchisees may service clients in your Territory, so long as Augusta Lawn Care and other Augusta Lawn Care franchisees do not advertise or market in your Territory.

To the extent you do not receive an exclusive or semi-exclusive Territory, and another franchisee purchases an exclusive territory in the area in which you operate, you agree to relinquish the rights to acquire new customers in that territory once it becomes another franchisee's Territory.

4.3 Rights Reserved

Augusta Lawn Care retains all rights that are not expressly granted to you under this Agreement. Without limiting this broad retention, and without granting You any rights therein, Augusta Lawn Care shall have the right to:

• (a) Operate an Augusta Lawn Care concept at a trade show booth, or similar temporary location, within Your Approved Territory for up to fifteen (15) consecutive days;
• (b) Offer Augusta Lawn Care franchises to others for any site outside Your Approved Territory regardless of how close the site is to Your Approved Territory;
• (c) Sell, rent and distribute any Proprietary Services directly or indirectly, and/or license others to sell and distribute, any Proprietary Services, directly or indirectly, from any location to any purchaser (including, but not limited to, sales made to purchasers in the Approved Territory through retail establishments, mail order, independent distributors, wholesale distribution, phone order, and on the Internet, and/or sales to delivery customers), except that Augusta Lawn Care shall not do so from an Augusta Lawn Care Business inside the Approved Territory;
• (d) Develop, operate, and franchise others to operate, any business concept except an Augusta Lawn Care Business at any place, including within the Approved Territory, and use the Marks or any other trademarks owned, licensed, or developed by Augusta Lawn Care or its Affiliates in connection with those concepts, even if such concepts sell products and services similar to, the same as or competitive with, the Proprietary Services;
• (e) In its sole discretion, approve or disprove other franchisees' requests to purchase local advertising that penetrates Your Approved Territory; and
• (f) Merge with, acquire or be acquired by, any business of any kind under other systems and/or other marks, which business may offer, sell, operate or distribute and/or license others to offer, sell, operate and distribute goods and services through franchised or non-franchised businesses, at wholesale or retail, within and outside the Approved Territory.

4.4 Relocation

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