Who has the sole right to handle disputes concerning the use of the Beehive Homes Names and Marks?

• (i) Franchisee will immediately notify Franchisor of any infringement or dilution of or challenge to its use of any of the Names and Marks and will not, absent a court order or Franchisor's prior written consent, communicate with any other person regarding any such infringement, dilution, challenge or claim. Franchisor will take the action it deems appropriate with respect to such challenges and claims and has the sole right to handle disputes concerning use of all or any part of the Names and Marks or the System. Franchisee will fully cooperate with Franchisor and its Affiliates in these matters. Franchisor will reimburse Franchisee for expenses incurred by it as the direct result of activities undertaken by it at Franchisor's prior written request and specifically relating to the dispute at issue. Franchisor will not reimburse Franchisee for any other expenses incurred by it for cooperating with Franchisor or its Affiliates.
• (ii) Franchisee hereby appoints Franchisor as Franchisee's exclusive attorney-in-fact, to prosecute, defend and/or settle all disputes of this type at Franchisor's sole option. Franchisee will sign any documents Franchisor or its Affiliates believe are necessary to prosecute, defend or settle any dispute or obtain protection for the Names and Marks and the System and will assign to Franchisor

any claims Franchisee may have related to these matters. Franchisor's decisions as to the prosecution, defense or settlement of the dispute will be final. All recoveries made as a result of disputes regarding use of all or part of the System or the Names and Marks will be for Franchisor's account.

Source: Item 23 — RECEIPTS (FDD pages 34–123)