What form must the covenant required by Section 8.7 be in when furnished to Ben Jerrys?

According to Ben Jerrys's 2025 Franchise Disclosure Document, any covenant required by section 8.7 must be in a form approved by Ben Jerrys. This includes specific identification of Ben Jerrys as a third-party beneficiary of such covenants, which gives Ben Jerrys the independent right to enforce them.

Section 8.7 pertains to covenants that Ben Jerrys may request from certain individuals associated with the developer (franchisee). These individuals include officers, directors, and holders of a beneficial interest of one percent or more of the securities of the developer if the developer is a corporation. If the developer is a partnership, these individuals include general partners and any limited partners.

This requirement ensures that Ben Jerrys has a direct legal recourse against these individuals should they violate the terms of the covenants. The approval of the form by Ben Jerrys allows them to control the substance and enforceability of these covenants, protecting their interests and brand standards.