Under what condition is the OPERATOR prohibited from removing or replacing the Designated Member/Designated Owner identified in Exhibit A according to the Ben Jerrys Franchise Agreement?

According to Ben Jerrys's 2025 Franchise Disclosure Document, the OPERATOR is prohibited from removing or replacing the Designated Member/Designated Owner identified in Exhibit A without prior written approval from Ben Jerrys. This stipulation is specifically relevant to Catering Entities operating under a Warehouse Addendum. The Designated Member/Designated Owner holds significant responsibility and decision-making authority regarding Off-Premises Activities and the operation of the Authorized Warehouse. Ben Jerrys retains the right to rely on this individual for these purposes.

This requirement ensures that Ben Jerrys maintains a consistent point of contact and a level of control over the operations, particularly concerning off-premises activities and warehouse management. The Designated Member/Designated Owner must also maintain at least 20% ownership in the Catering Entity, reinforcing their commitment and alignment with Ben Jerrys's interests.

For a prospective Ben Jerrys franchisee, this means that if they choose to operate a Catering Entity with a Warehouse Addendum, they must seek approval from Ben Jerrys before making any changes to the Designated Member/Designated Owner. This condition is in place to protect the brand's interests and maintain operational consistency. Failing to obtain this approval could potentially lead to a breach of the franchise agreement.