What is the relationship between the Landlord and the Tenant in the Bananas Smoothies Frozen Yogurt Sublease Agreement?

Franchisor and Franchisee. The terms and definitions set out in the Summary page of the Franchise Agreement are incorporated herein and made a part hereof as if fully set out.

ADDENDUM TO LEASE

AGREEMENT

NOW, THEREFORE, it is mutually agreed between Landlord and Tenant that, notwithstanding anything to the contrary in the Lease:

• 1. Use of the Premise. Tenant's right to use and occupy the Premises as a Franchised Restaurant includes the right to sell those menu items from time to time specified under the terms of the Franchise Agreement and to engage in those activities and operations from time to time conducted by a Franchised Restaurant.
• 1. Tenant Improvements; Décor; Remodeling. At the commencement of the Lease, Tenant will have the right to make all alterations and improvements to the Premises which are required by the plans and specifications for a Franchised Restaurant, as those plans and specifications have been approved specifically by Everything Yogurt Brands, LLC for the Premises. During the term of the Lease (including any extensions or renewals of the Lease), Tenant will have the right to remodel the Premises from time to time according to the plans and specifications approved by Everything Yogurt Brands, LLC for each remodeling.

3. Signage.

• 3.1 Landlord approves the design, size, and specifications of the exterior signs (if more than one) described in Exhibit A_to this Addendum, including the colors and open channel lettering (the "Approved Exterior Signs") (if there is one Approved Exterior Sign described in Exhibit A, then the term "Approved Exterior Signs" in this Addendum means that single Approved Exterior Sign).
• 3.2 Tenant will have the right to install and display (a) the Approved Exterior Signs on the exterior of the Premises and (b) all proprietary marks and signs on the interior of the Premises, as Tenant is, in each instance, required to do pursuant the terms of the Franchise Agreement. The placement of the Approved Exterior Signs on the exterior of the Premises will be as permitted by applicable building and zoning codes.
• 3.3 If Tenant desires to replace any of the Approved Exterior Signs with another exterior sign (the "Replacement Sign"), then Tenant will submit to Landlord the proposed design, size, placement and specifications of the Replacement Sign. The Replacement Sign is subject to the approval of Landlord, which approval will not be unreasonably withheld or delayed. Landlord may not withhold its approval of the Replacement Sign if each of the following conditions are met:
• (a) (i) the Replacement Sign does not exceed the height and width of the Approved Exterior Sign being removed, (ii) the placement of the Replacement Sign on the exterior of the Premises is not materially different from that of the Approved Exterior Sign being removed, and (iii) the Replacement Sign conforms to applicable zoning and building codes; and
• (b) Any material change to the Replacement Sign from the Approved Exterior Sign being removed involve color changes or changes to the logo or the size, design or style of the letters (it being acknowledged and agreed to by Landlord that the Replacement Sign may have neon tube, open channel lettering).

Once approved by Landlord, the Replacement Sign will be an "Approved Exterior Sign" for purposes of the Lease.

4. Assignment.

• 4.1 Tenant has the right to assign or sublease all of its rights, titles and interests in the Lease and Premises to Everything Yogurt Brands, LLC or its Designated Person at any time during the term of the Lease, including ant extensions or renewals of the Lease, without first obtaining Landlord's consent. "Designated Person" means, as designated by Everything Yogurt Brands, LLC in writing to Landlord, any affiliate of Everything Yogurt Brands, LLC or any franchisee of Everything Yogurt Brands, LLC.
• 4.2 No assignment or sublease of the Lease and Premises pursuant to this Section 4 will (a) be effective until such time as Everything Yogurt Brands, LLC or its Designated Person gives the Landlord written notice of its acceptance of the assignment or sublease or (b) delegate to, or create in, Everything Yogurt Brands, LLC (or its Designated Person) any liability or responsibility for any acts, conditions or circumstances arising before the effective date of the assignment or sublease to Everything Yogurt Brands, LLC (or its Designated Person). Furthermore, nothing contained in this Addendum or in any other document (i) constitutes Everything Yogurt Brands, LLC. or its Designated Person a party to the Lease or a guarantor of the Lease or (ii) creates any liability or obligation on Everything Yogurt Brands, LLC (or, as applicable, its Designated Person) unless and until the Lease is assigned or subleased to, and accepted in writing by, Everything Yogurt Brands, LLC (or, as applicable, by its Designated Person).

• 4.3 In the event the Franchise Agreement between Everything Yogurt Brands, LLC and the Tenant shall expire or terminate, then the Tenant's rights pursuant to the Lease shall, at the option of Everything Yogurt Brands, LLC, be assigned and transferred to it provided that Everything Yogurt Brands, LLC or its Designated Person shall assume and be liable for all of Tenant's obligations, duties, and liabilities pursuant to the Lease.
• 4.4 Everything Yogurt Brands, LLC may exercise said option by sending the Landlord written notice of its intention to succeed to Tenant's rights under the Lease by certified mail, return receipt requested within thirty (30) days after the expiration or termination of the Franchise Agreement. Said notice shall, without any further action, operate as an Assignment of Tenant's rights under the Lease.

Source: Item 23 — RECEIPT (FDD pages 58–231)