What happens to the restrictions and obligations outlined in the Big O Tires agreement after its expiration, termination, or cancellation?

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• 20.01 Post-Termination Obligations. Upon the Expiration or Termination of this Agreement by any means or for any reason, Franchisee shall immediately:
  • (a) Cease to be a Franchisee of Big O and cease to operate the former Franchised Business under the Big O System. Franchisee shall not thereafter, directly or indirectly, represent to the public that the former Franchised Business is or was operated or in any way connected with the Big O System or hold itself out as a present or former Franchisee of Big O;
  • (b) Pay all sums owing to Big O. Upon termination for any default by Franchisee, such sums shall include damages, costs, and expenses incurred by Big O as a result of the default;
  • (c) (i) Return to Big O the Manual and any training modules or other proprietary information and supplements thereto and all trade secrets and confidential materials owned or licensed by Big O and all copies thereof other than Franchisee's copy of the Franchise Agreement, copies of any correspondence between the parties, and any other document which Franchisee reasonably needs for compliance with any applicable law; (ii) return or discontinue use of all forms, advertising matter, marks, devises, insignias, slogans, designs, signs, any computer systems including software and/or hardware; and (iii) discontinue the use of all copyrights, Licensed Marks, trade names and patents now or hereafter applied for or granted in connection with the operation of the Franchise;
  • (d) Provide to Big O, upon its request, a complete list of any outstanding obligations that Franchisee may have to any third parties including outstanding customer orders. Big O shall have the right, but not the obligation, to fill any such outstanding customer orders generated by Franchisee and in such event, Franchisee shall immediately reimburse Big O for any costs or expenses incurred by Big O in doing so. In addition, Big O shall have the right to cancel any orders placed by Franchisee for which delivery has not been made;
  • (e) Take such action as may be required by Big O to transfer and assign to Big O or its designee all telephone numbers, white and yellow page telephone references and advertisements, internet

addresses, social media accounts and websites, and all trade and similar name registrations and business licenses, and to cancel any interest which Franchisee may have in the same. Big O is hereby appointed as the Franchisee's attorney-in-fact for such purpose and such power, being coupled with an interest, shall be irrevocable;

• (f) Cease to use in Advertising, or in any manner whatsoever, any methods, procedures, or techniques associated with the Big O System in which Big O has a proprietary right, title, or interest; cease to use the Licensed Marks, and any other marks and indicia of operation associated with the Big O System and remove or change all Trade Dress, Products and Services, and other indicia of operation under the Big O System from the Premises, at Franchisee's expense and in a manner satisfactory to Big O. Unless otherwise approved in writing by Big O, Franchisee shall return to Big O all copies of materials bearing the Licensed Marks;
• (g) Cease issuing or accepting the Big O credit card made available to Franchisee by Big O through Bread Financial, or any other designated lender;
• (h) Immediately make available to Big O all customer lists as such were developed while a Franchisee (provided that Big O's use of such lists will be subject to such applicable restrictions, if any, to which Big O has agreed in a separate written agreement with Franchisee);
• (i) Strictly comply with all other provisions of this Agreement pertaining to post-termination obligations, including, without limitation, those contained in Sections 13 and 17;
• (j) Cease performing any tire adjustments as of the Termination Date and refer such adjustments to other existing regional sales and distribution centers ("RDCs") or other Stores for processing. Franchisee shall receive no allowance for tire adjustments upon termination; and
• (k) Continue to indemnify Big O in accordance with Section 23.01 below.
• 20.02 Right to Repurchase. Big O shall have the right, but not the obligation, to purchase:
  • (a) Some or all of the Products and Services and supplies at the Store and the equipment, furnishings, fixtures, or signs at the Premises which bear the Licensed Marks for a mutually agreed upon price within thirty (30) days of the Termination Date or the Expiration Date.

Source: Item 23 — RECEIPTS (FDD pages 102–535)