What sections of the Franchise Agreement, Preliminary Agreement, Development Agreement, and Warehouse Addendum detail the trademarks and proprietary information obligations for a Ben Jerrys franchise?

[Item 23: RECEIPTS]

• 1. Leases. If PROSPECTIVE OPERATOR will occupy the premises from which the Shop is operated under a lease or sublease, PROSPECTIVE OPERATOR shall, prior to the execution of the lease, submit the lease to BEN & JERRY'S for its review to ensure that the lease contains the conditions set forth in the Ben & Jerry's Lease Rider which may include, but are not limited to:
• b. That the lessor consents to PROSPECTIVE OPERATOR's use of such Proprietary Marks (as defined in the Franchise Agreement) and initial signage as BEN & JERRY'S may prescribe for the Shop;
• 1. Confidentiality. During the Evaluation Period, certain confidential information about BEN & JERRY'S and its System may be disclosed or otherwise made known to PROSPECTIVE OPERATOR ("Confidential Information"). PROSPECTIVE OPERATOR agrees to respect and maintain the confidential nature of such Confidential Information, and not in any way disclose the Confidential Information in the operation of any business (excluding a Shop operated pursuant to a Franchise Agreement). It is agreed that PROSPECTIVE

OPERATOR's obligations under this Section 8 shall not expire upon termination of this Preliminary Agreement.

[Item 23: RECEIPTS]

• 1.1 BEN & JERRY'S grants to DEVELOPER the right, and DEVELOPER undertakes the obligation, upon the terms and conditions set forth in this Agreement, to (a) enter into separate signed Franchise Agreements with BEN & JERRY'S (the "Franchise Agreements"), in the manner described in Section 3.5 below, for a specified number of Scoop Shops as set forth in Exhibit A to this Agreement (the "Development Schedule"), at specific locations to be designated in the Franchise Agreements, and (b) to use the Proprietary Marks and System solely in connection therewith.

• 1.2 Except as otherwise provided in this Agreement (including the rights retained by BEN & JERRY'S and its affiliates as described in Section 1.3), during the term of this Agreement, and so long as DEVELOPER is in compliance with its obligations under this Agreement, BEN & JERRY'S shall not establish or operate, or license any person to establish or operate, a Ben & Jerry's Shop under the Proprietary Marks and System at any location within the Development Area.

• 1. No Franchise Rights. No offer by BEN & JERRY'S to grant a franchise to PROSPECTIVE OPERATOR shall be made except by a written document specifically identified as a Ben & Jerry's Franchise Agreement which is executed by an officer of BEN & JERRY'S. This Preliminary Agreement is not an offer of a franchise or a commitment or promise by BEN & JERRY'S to offer PROSPECTIVE OPERATOR a franchise. Unless and until a Franchise Agreement is signed by BEN & JERRY'S, PROSPECTIVE OPERATOR shall not use the "Ben & Jerry's" marks or system, nor shall PROSPECTIVE OPERATOR at any time make any representations or commitment on behalf of BEN & JERRY'S.

• B. In connection with, and in addition to, OPERATOR's current operations of the Affiliated Shop, OPERATOR desires to obtain rights to operate a type of Ben & Jerry's Scoop Shop that operates as a Satellite Shop (as defined below) under the System and using the Proprietary Marks.

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 41–43)