Is Big Apple Bagels required to exercise any right under the agreement?

any websites, social media accounts or domain names which

incorporate any of the Marks, name or initials into its web address. Franchisee is prohibited from establishing websites or domain names linking to the BAB websites without the prior written authorization of BAB.

• (b) Franchisor will have the sole right to create, establish, own, and control the website for Franchisee's BAGELS Store.
• (c) Franchisor will have the sole right to create, establish, own, and monitor all Social Media postings for Franchisee's BAGELS Store. Franchisee may participate in the content and maintenance of Social Media for Franchisee's BAGELS Store, only in accordance with Franchisor's guidelines and subject to Franchisor's right to alter or delete postings made by Franchisee.
• (d) Franchisor will have the sole right to control all aspects of Digital Marketing, including those related to Franchisee's BIG APPLE BAGELS Store. Unless Franchisor consents otherwise in writing, Franchisee may not, directly or indirectly, conduct or be involved in any Digital Marketing that uses the Marks or is related to Franchisee's BIG APPLE BAGELS Store. If Franchisor does give Franchisee written consent to conduct any Digital Marketing, Franchisee must do so in compliance with Franchisor's guidelines, specifications, standards, policies or procedures Franchisor may issue from time to time on Digital Marketing.
• p. Mobile Applications and On-line Ordering Programs. Franchisee must participate in Mobile Application ("App") and On-line Ordering Programs required by Franchisor and may not, without the prior written authorization of BAB, use any Mobile Apps or participate in any programs that are not coordinated by BAB.

q. Food Safety Issues.

• i. Franchisor has the right to require Franchisee to close its BAGELS Store if Franchisor determines that Franchisee's BAGELS Store has deficiencies relating to food safety and cleanliness; Franchisee may not reopen the BAGELS Store until Franchisor has re-inspected it and determined that it meets Franchisor's standards.

• ii. Franchisee is strictly prohibited from speaking or communicating with the media in the event of an outbreak of a food borne illness, whether at Franchisee's BAGELS Store or at any other BAGELS Store. Franchisor has the right to be the sole spokesperson on these issues.

• r. Anti-Discrimination. Franchisee shall not discriminate against any customers (in the products or services that Franchisee provides or by refusing to provide products or services) on the basis of race, color, religion, age, sex, sexual orientation, gender identity, marital status, national origin, or disability. Franchisee will further comply with any anti-discrimination policies in the BAGELS Operations Manual.

• s. Compliance With Lease. Franchisee shall comply with its obligations under its lease for the BAGELS Store premises, including the timely payment of rent.

• t. Third Party Delivery Services. Franchisee shall, within seven (7) days of selling any menu items for the first time through a Third Party Delivery Service company, inform Franchisor in writing of the name of said company and as well, furnish Franchisor with access information to the websites of any Third Party Delivery Service being used in order to enable Franchisor to verify Franchisee's Gross Revenues from all sources. This obligation shall apply to each Third Party Delivery Service company that submits an order to Franchisee's Store for the first time.

10. MARKETING AND PROMOTION.

a. By Franchisor.

i. Recognizing the value of advertising to the goodwill and public image of BAGELS Stores, Franchisor shall establish, maintain and administer a BAGELS marketing fund (the "Marketing Fund") for such marketing and related programs as Franchisor may deem necessary or appropriate, in its sole discretion.

Source: Item 22 — CONTRACTS (FDD pages 86–87)