What is a Bb.Q Chicken franchisee required to do if they notice an infringement of the Marks?

We know of no superior prior rights or infringing use that could materially affect your use of the Marks. You must immediately notify us of any apparent infringement of the Marks or challenge to your use of any of

the Marks or claim by any person of any rights in any of the Marks. You and your Principals are not permitted to communicate with any person other than us, our counsel and your counsel involving any infringement, challenge or claim. We can take action and have the right to exclusively control any litigation or USPTO or other administrative or agency proceeding caused by any infringement, challenge or claim or otherwise relating to any of the Marks. You must sign any and all documents, and do what may, in our counsel's opinion, be necessary or advisable to protect our interests in any litigation or USPTO or other administrative or agency proceeding or to otherwise protect and maintain our interests and the interests of any other person or entity having an interest in the Marks.

We will indemnify you against and reimburse you for all damages for which you are held liable for your use of any of the Marks, provided that the conduct of you and your Principals in the proceeding and use of the Marks is in full compliance with the terms of the Franchise Agreement.

Except as provided above, we are not obligated by the Franchise Agreement to protect any rights granted to you to use the Marks or to protect you against claims of infringement or unfair competition with respect to them. Although we are not contractually obligated to protect the Marks or your right to use them, as a matter of corporate policy we intend to defend the Marks vigorously.

Source: Item 13 — TRADEMARKS (FDD pages 45–46)