Is the right and license of the Proprietary Marks granted to a Bojangles franchisee exclusive?

• B. Franchisee acknowledges that this franchise is non-exclusive and is granted subject to the terms of Paragraph VIII.C.(6) and VIII.F.(6) hereof.

II. TERM AND RENEWAL

• C. Franchisee expressly understands and acknowledges that:
• (6) The right and license of the Proprietary Marks granted hereunder to Franchisee is nonexclusive, and Franchisor and its affiliates thus have and retain the rights, among others:

Notwithstanding the foregoing, Franchisor and its affiliates retain all rights with respect to Bojangles Restaurants, the Proprietary Marks, the sale of similar or dissimilar products and services to those offered at Bojangles Restaurants, and any other activities Franchisor deems appropriate whenever and wherever Franchisor desires, including the right, among others, to:

• (1) establish and operate and license others to establish and operate Bojangles Restaurants at any location outside the Assigned Area;

• (2) establish and operate or license others to establish and operate Bojangles Restaurants at any location within the Assigned Area after the expiration or termination of this Agreement; and

• (3) operate, and license others to operate, Bojangles Restaurants utilizing the System within the Assigned Area that are located: (i) in airports, train stations, bus stations, transportation centers, travel plazas, stadiums, arenas, convention centers, military facilities, gas stations, convenience stores, schools, colleges, universities, hospitals, theme parks, office buildings, food courts, venues in which foodservice is or may be provided by a master concessionaire or contract foodservice provider, Indian reservations, casinos or any similar captive market location; or (ii) within one (1) mile along each side of interstate highways located within the Assigned Area.

• (4) Franchisor also reserves the right to offer goods and services associated with the Proprietary Marks throughout the System including the Assigned Area, including without limitation, the right to sell the same or similar products that are authorized for sale at Bojangles Restaurants under the Proprietary Marks or under other trademarks or trade dress and through any other channel of distribution, whether such channel of distribution is now in existence or is hereafter developed and whether at retail or wholesale including, without limitation, sales through catalogs, e-commerce, mail order, carts or kiosks, mass merchandise, supermarkets, grocery stores, restaurants, institutional customers, ghost kitchens, club stores and any other outlet or method of distribution, pursuant to any terms and conditions as Franchisor may deem appropriate.

• (3) Unless otherwise authorized or required by Franchisor in writing, Franchisee shall operate and advertise the Franchised Business only under the name "BOJANGLES®" Restaurant," "BOJANGLES'®" Restaurant or "BOJANGLES' FAMOUS CHICKEN 'N BISCUITS®" Restaurant, as specified by Franchisor, without prefix or suffix;

Source: Item 23 — RECEIPTS (FDD pages 82–573)