How can the Ben Jerrys Warehouse Addendum be amended?

is Agreement, upon any other default by OPERATOR, or upon any default by the Catering Entity of this Agreement, BEN & JERRY'S may terminate this Agreement by giving written notice of termination (in the manner set forth under Section 23 hereof) stating the nature of the default to OPERATOR and the Catering Entity at least thirty (30) days prior to the effective date of termination; provided, however, that OPERATOR or the Catering Entity may avoid termination by immediately initiating a remedy to cure such default, curing it to the satisfaction of BEN & JERRY'S, and by promptly providing proof thereof to BEN & JERRY'S within the thirty (30) day period. If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement shall

terminate without further notice to OPERATOR or the Catering Entity, effective immediately upon the expiration of the thirty (30) day period or such longer period as applicable law may require.

• 1. Section 15 of the Franchise Agreement shall be amended by the addition of the following Section 15.6:
  • 15.6 Should [OPERATOR/the Catering Entity] cease to provide Off-Premises Activities [and/or Mobile Vending] from the Authorized Warehouse, the Warehouse Addendum will no longer be in force and effect and the terms of the Franchise Agreement will revert to their original form without any modification.
• 1. Section 16 of the Franchise Agreement shall be amended by the addition of the following Section 16.10:
  • 16.10 In the event that [OPERATOR/the Catering Entity] ceases to provide Off-Premises Activities [and/or Mobile Vending] services from the Authorized Warehouse:
    • 16.10.1 [OPERATOR/The Catering Entity] shall immediately and permanently cease to use, in any manner whatsoever, the Authorized Warehouse for any purpose related to Ben & Jerry's or the Scoop Shop.
    • 16.10.2 [OPERATOR/The Catering Entity] shall immediately cease use of any confidential methods, procedures, and techniques associated with the System, the Proprietary Mark "Ben & Jerry's" (including the identifying information necessary for deliveries) and all other Proprietary Marks and distinctive forms, slogans, signs, symbols, and devices associated with the System at the Authorized Warehouse. [OPERATOR/The Catering Entity] shall cease to use all stationery, email addresses, forms, products, and any other articles which incorporate or display the Proprietary Marks at the Authorized Warehouse, and [OPERATOR/the Catering Entity] shall immediately change the telephone number associated with the Authorized Warehouse, if different from the telephone number of the Scoop Shop.
    • 16.10.3 In the event [OPERATOR/the Catering Entity] fails or refuses to comply with the requirements of this Section 16.10, BEN & JERRY'S shall have the right to enter upon the Authorized Warehouse, without being guilty of trespass or any other tort, for the purpose of making or causing to be made such changes as may be required, at the expense of [OPERATOR/the Catering Entity] which expense [OPERATOR/the Catering Entity] agrees to pay upon demand.

Full Time Best Efforts

1. Section 17.1 of the Franchise Agreement shall be deleted and shall be replaced by the following Section 17.1:

17.1 OPERATOR covenants that, during the term of this Agreement, except as otherwise approved in writing by BEN & JERRY'S, OPERATOR (or, if OPERATOR is other than an individual, an Owner) shall devote full time and best efforts to the management and operation of the Scoop Shop and the Authorized Warehouse.

Source: Item 23 — RECEIPTS (FDD pages 134–358)