What is the 'Lease' referring to in the context of a Beyond Juicery Eatery franchise?

Landlord acknowledges and agrees that Franchisor's right to exercise its option to accept assignment of the Lease is not contingent upon nor is Franchisor obligated in any manner to cure any default of Franchisee under the Lease.

• B.

Franchisor shall assume all of Franchisee's rights, options, and obligations under the Lease commencing upon the effective date of the assignment and Franchisor shall have the further right to transfer or assign the Lease to another Beyond Juicery + Eatery franchisee without the need to seek consent from Landlord.

Franchisor shall not be liable to Landlord for anything that arose prior to the effective date of the assignment to Franchisor.

If Franchisor assigns the Lease to another Beyond Juicery + Eatery franchisee, Franchisor shall be released from any further liability under the Lease.

Notwithstanding any assignment of the Lease to Franchisor, Franchisor shall not be subject to any provisions of the Lease that requires continuous operation of a business in the Premises during any period that the Premises is closed for remodeling or while Franchisor is seeking to obtain and train a new franchisee, provided that rent is paid during such period of closure pursuant to the terms of the Lease.

• C.

Franchisee agrees to execute any and all documents requested by Franchisor in order to fully exercise any of Franchisor's rights under this Assignment and hereby appoints Franchisor as its attorney-in-fact with the full right and power to execute all documents and to take all action that may be necessary or desirable for Franchisor to take such assignment or otherwise exercise any of Franchisor's rights under this Assignment.

The foregoing is given as security for the rights and privileges give to Franchisee under this Assignment and the Franchise Agreement.

3. Notice of Franchisee's Default.

4.01 You shall not relocate your Restaurant from the Location without our consent. If we approve the relocation of your Restaurant Location, you shall pay a relocation fee to us equal to fifty percent (50%) of the then-current initial franchisee fee for the sale of a new franchise.

4.02 You are solely responsible for selecting a suitable site for your Restaurant subject to our approval using the site selection criteria in our Operations Manual with the assistance of a commercial real estate broker of your choosing who is approved by us. You must submit to us a description of the proposed site together with evidence satisfactory to us that confirms your favorable prospects for obtaining the proposed site. You must supply the required Development Materials that outline all of the information needed by us to review a proposed site. You must use the real estate site analysis services of our Approved Supplier to evaluate your proposed site. We will give you written notice of approval or disapproval of the proposed site within forty-five (45) days after receiving your written proposal. The factors we generally consider in approving the proposed site for the Location may include, but are not limited to, the following: (i) general location; (ii) traffic patterns; (iii) rent expense; (iv) demographics; (v) equipment and services located at the site; (vi) leasehold improvement costs; (vii) ability to reflect image to be portrayed by "Beyond Juicery + Eatery" Restaurants; (viii) parking; and (ix) other data and information we receive from proprietary software that we use. Notwithstanding the preceding factors, we have the right to approve or disapprove of a proposed site in our sole and absolute discretion. You must select a Location we approve within one hundred twenty (120) days after the execution of the Franchise Agreement. We may cancel the Franchise Agreement in our sole discretion and option if you fail to select a Location acceptable to us within this timeframe. Any advice we provide and our approval of your Location is not a representation, warranty, or evaluation that we believe or that your Location will be a profitable or successful. You are solely responsible for the financial risks and rewards related to the Location you select. We have no obligation or duty and are not responsible or liable to you for any reason that results from the Location selected by you or the purchase or lease of your Location, all of which could lose money and fail. We have the right to review and consent to your Lease prior to the execution of the Lease and reserve the right to charge you a fee for such review. You represent that the Lease as consented to by us shall be executed by all necessary parties within ten (10) days following receipt of our consent. You shall furnish us a

• B. Franchisor's Notice. If the Franchise Agreement terminates or expires without renewal, and if Franchisor desires to exercise its option to accept assignment of the Lease, Franchisor shall provide written notice thereof to Landlord, delivered within thirty (30) days following the termination or expiration of the Franchise Agreement. If Franchisor exercises its option to accept assignment of the Lease, the effective date of such assignment shall be the date set forth by Franchisor in such written notice to Landlord. It is hereby agreed that Landlord may rely solely upon the written notice received from Franchisor as Franchisor's acceptance of the assignment of the Lease, and Franchisee hereby releases and holds Landlord and Franchisor harmless from any liability that arises out of or relates to any action taken by Landlord in reliance upon such notice.
• A. Use of Real Estate. Landlord hereby agrees to and acknowledges Franchisee's right to use and display Beyond Juicery + Eatery Trademarks, subject only to any limitations imposed by Franchisor and any local, state or federal law. Landlord agrees that it will not limit Franchisee's right to use Beyond Juicery + Eatery Trademarks. Landlord further agrees and acknowledges that the Premises shall be used solely for the operation of a Beyond Juicery + Eatery Restaurant. Landlord agrees to notify Franchisor in the event that Franchisee begins to use the Premises in any other manner and Landlord shall consider such use as an event of default. If after the occurrence of an event giving rise to Franchisor's option hereunder, Franchisor does not exercise its option to accept the assignment of the Lease, Franchisee agrees to promptly remove all Beyond Juicery + Eatery Trademarks from the Premises. If Franchisee fails to promptly do so, Landlord agrees that Franchisor may enter the Premises without being guilty of trespass or tort to so de-identify the Premises. Franchisee will be responsible for all expenses incurred by Franchisor in performing such de-identification, including without limitation, actual attorneys' fees.

If the Developer shall close any Location, whether voluntarily or involuntarily, and whether as a result of the loss of possession of the premises, by fire or other casualty, or otherwise, the Developer shall locate and secure a suitable alternative Location or premises approved by us within three (3) months from the loss of possession of the original site, and shall be open for business at the new Location not more than nine (9) months following the closing of the prior Location, while at the same time maintaining the Development Schedule. If a suitable alternative Location is not secured and opened as hereinabove described or if Developer does not comply with the Development Schedule, this Agreement and the right of the Developer to develop additional Locations under this Agreement shall terminate. The opening of a Location in replacement of another Location under this paragraph shall not satisfy the Developer's obligation to open Locations under this Section 3 of this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 60–337)