Does the Benihana franchise agreement grant an exclusive territory to the franchisee?

TERM**

• 1.1 The Introduction paragraphs set forth above are hereby incorporated in this Article 1 by reference as if set forth fully herein.
• 1.2 BNC hereby grants to Franchisee and Franchisee accepts a non-exclusive license to operate a single quick-service retail food location, with a limited menu and requiring limited equipment, branded as a BENIHANA® outlet (the "Restaurant") at the location identified in the accompanying Contract Data Sheet attached as Exhibit A hereto (the "Location"), using the Marks and the BENIHANA System solely in accordance with the BENIHANA Standards and the particular terms of this Agreement.
• 1.3 Unless sooner terminated in accordance with the provisions of this Agreement, this Agreement and the franchise and license granted hereunder shall be for a period ending fifteen (15) years from the date the Restaurant opens for business to the public (the "Franchise Term"). Franchisee agrees to operate the Restaurant in accordance with this Agreement at the Location for the entire Franchise Term.
• 1.3.1 Notwithstanding anything in Section 1.3 above, after the first five years of the Franchise Term, BNC will have the option, on ten (10) days' notice, to terminate the Franchise Agreement if average monthly sales for any prior six-month period are below $400,000.
• 1.4 The grant of this franchise does not grant, or imply the grant of, rights with regard to any other BENIHANA Restaurant at any other Location. Franchisee shall have no right whatsoever under this Agreement or otherwise to use, license, sublicense, or franchise others to use the Marks or the BENIHANA System. Franchisee acknowledges that Franchisee is not granted any options, rights of first refusal or development opportunities.
• 1.5 During the Franchise Term, if and only if Franchisee is in full compliance with the terms and conditions of this Agreement, and subject to BNC's rights set forth in Section 1.7 of this Agreement, BNC shall not operate or license any person or entity other than Franchisee to operate, a BENIHANA Restaurant at any location that is within the "Restaurant Area" specified in the Contract Data Sheet attached

to this Agreement.

• 1.6 Franchisee expressly acknowledges that the franchise granted under this Agreement is nonexclusive and that any geographic limitation on BNC's rights to use or license the Marks under this Agreement relates solely to the operation of a BENIHANA Restaurant at the Location.
• 1.7 Nothing in this Agreement is intended to or shall limit in any way any rights of BNC or its affiliates to: (i) own and operate, or license others the right to own and operate, competing restaurants other than a BENIHANA Restaurant at any location, regardless of the proximity to the Restaurant, including but not limited to restaurants using the trademark RA® Sushi; (ii) own and operate, or license others the right to own and operate, BENIHANA Restaurants, including another business similar to the Restaurant outside the Restaurant Area, even if such BENIHANA Restaurants compete with the Restaurant or draw customers from the Restaurant Area;

Source: Item 22 — CONTRACTS (FDD pages 73–74)