When does the Beyond Juicery Eatery agreement become non-executory?

WHEREAS, in consideration of Beyond Juicery + Eatery granting the franchise to Franchisee, Franchisee agreed in the Franchise Agreement to execute an assignment to Beyond Juicery + Eatery of its telephone number upon the termination or expiration without renewal of the Franchise Agreement, or transfer of the Franchise Agreement;

NOW THEREFORE, it is hereby agreed as follows:

• 1. Telephone Information. Franchisee represents and warrants that the telephone number(s) set forth in the attached Exhibit "A," from time to time, shall constitute all of the telephone numbers to be used in its advertising and marketing of its "Beyond Juicery + Eatery" Restaurant licensed by the above referenced Franchise Agreement. It is hereby agreed that this assignment covers not only the telephone numbers set forth in Exhibit "A," but also any other telephone number used by Franchisee in its advertising or marketing of its "Beyond Juicery + Eatery" Restaurant.
• 1. Assignment. Franchisee hereby assigns to Beyond Juicery + Eatery all of its right, title and interest in and to the telephone numbers described above in Paragraph 1 effective upon the expiration without renewal or termination of the Franchise Agreement.
• 1. Consent. Franchisee hereby consents and authorizes any and all telephone companies, telephone directory services, and other public or private business containing, using, or authorizing any of the telephone numbers described above in Paragraph 1 to immediately recognize this assignment upon receipt of written notice from Beyond Juicery + Eatery. Such companies and services shall construe this Assignment as Franchisee's immediate cancellation and surrender of the numbers in Exhibit A, thereby permitting the immediate re-assignment of the numbers by said companies and services to Beyond Juicery + Eatery. A copy of this Assignment, certified by an officer of Beyond Juicery + Eatery, is agreed to be as valid and binding as the original.
• 1. Notice. Beyond Juicery + Eatery shall give notice of its acceptance of the assignment of the telephone numbers pursuant to this agreement by either delivering them personally or sending them by first class, certified or registered mail with postage fully paid and depositing them in a depository of the United States Postal Service. Notices shall be given to Franchisee and to all other telephone companies and other businesses who are to recognize the assignment. All notices to Franchisee shall be addressed to the address indicated in this Agreement, or to any subsequent address of which Beyond Juicery + Eatery is notified in writing and shall be effective on the date sent by

Beyond Juicery + Eatery. Any notice delivered by mail in the manner set forth above shall be deemed delivered and received two (2) days after mailing.

• 1. Cooperation. Franchisee shall cooperate with Beyond Juicery + Eatery, including but not limited to, executing any and all documents reasonably necessary to effectuate this Assignment, and to cause the telephone company or companies to recognize this Assignment. In the event of Franchisee's failure to sign any required documents within two (2) business days of Notice, Franchisee hereby appoints Beyond Juicery + Eatery as its lawful attorney in fact to sign on Franchisee's behalf any and all documents necessary to effectuate the assignment of the telephone numbers listed in Exhibit "A" to Beyond Juicery + Eatery. This power, coupled with an interest, is given as security for the rights and privileges given to Franchisee under the Franchise Agreement by Beyond Juicery + Eatery.
• 1. Proration. All telephone charges, including charges for classified advertising in the telephone directory, shall be prorated as of the time of Assignment, with Franchisee paying for all charges prior to the effectiveness of the assignment, and BEYOND JUICERY + EATERY paying for all charges incurred thereafter.

Source: Item 22 — CONTRACTS (FDD page 60)