Under what circumstances is the Addendum to the Bojangles Express Franchise Agreement required?

ified by this Addendum, the Individual Franchise Agreement remains unmodified in full force and effect.

• 8. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.

IN WITNESS WHEREOF, the parties hereto have duly executed, sealed and delivered this Addendum to the Individual Franchise Agreement on the same date as the Individual Franchise Agreement was executed.

ADDENDUM TO THE BOJANGLES EXPRESS FRANCHISE AGREEMENT REQUIRED FOR MINNESOTA FRANCHISEES

This Addendum to the Bojangles Express Franchise Agreement dated ("Express Franchise Agreement") between BOJANGLES OPCO, LLC ("Franchisor") and ("Franchisee") is entered into simultaneously with the execution of the Express Franchise Agreement.

• 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Express Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Minnesota; (B) Franchisee is a resident of the State of Minnesota; and/or (C) the Restaurant will be located and/or operated in the State of Minnesota.
• 2. Sections VII.B. and XV.B.(3)(c) of the Express Franchise Agreement are amended by adding the following sentence to the end of the Section:
  • Notwithstanding the foregoing, Franchisee will not be required to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute §§ 80C.01 - 80C.22.
• 3. Section IX.B.(9) of the Express Franchise Agreement is amended by adding the following sentence to the end of the Section:
  • Franchisor will comply with Minnesota Statues, Section 80C.12, Subd. 1(g) and will protect Franchisee's rights to use the Proprietary Marks or indemnify Franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the Proprietary Marks.
• 4. Sections XV and XVI of the Express Franchise Agreement are amended by adding the following sentence to the end of each Section:
  • With respect to franchises governed by Minnesota law, Franchisor will comply with Minnesota Statute § 80C.14, Subdivisions 3, 4, and 5, which requires, except in certain cases, that (1) a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of franchise agreements; and (2) that consent to the transfer of a franchise will not be unreasonably withheld.
• 5. Sections XXVI.A. and XXVI.B. of the Express Franchise Agreement are amended by adding the following sentence to the end of the Section:
  • Minnesota Statute § 80C.21 and Minnesota Rule 2860.4400J prohibit Franchisor from requiring litigation to be conducted outside Minnesota. In addition, nothing in the disclosure document or agreements can abrogate or reduce any of Franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or Franchisee's rights to any procedure, forum, or remedies provided for by the laws of the jurisdiction. Any claims arising under the Minnesota Franchise Act must be brought within 3 years after the grant of the franchise

as required by Minnesota Statute, Section 80C.17, Subd. 5. Franchisee cannot consent to Franchisor obtaining injunctive relief. Franchisor may seek injunctive relief. See Minnesota Rule 2860.4400J.

• 6. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Express Franchise Agreement.
• 7. Except as expressly modified by this Addendum, the Express Franchise Agreement remains unmodified in full force and effect.
• 8. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed to be an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Addendum by electronic transmission (including an electronic signature platform such as DocuSign or the transmission of a scanned PDF document) shall be effective as delivery of a manually executed counterpart of this Addendum.

IN WITNESS WHEREOF, the parties hereto have duly executed, sealed and delivered this Addendum to the Express Franchise Agreement on the same date as the Express Franchise Agreement was executed.

ADDENDUM TO THE BOJANGLES RENEWAL FRANCHISE AGREEMENT REQUIRED FOR MINNESOTA FRANCHISEES

• 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Renewal Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of Minnesota; (B) Franchisee is a resident of the State of Minnesota; and/or (C) the Restaurant will be located and/or operated in the State of Minnesota.
• 2. Sections II.B.(7), VII.B., and XIV.B.(3)(c) of the Renewal Franchise Agreement are amended by adding the following sentence to the end of the Section:
  • Notwithstanding the foregoing, Franchisee will not be required to assent to a release, assignment, novation, or waiver that would relieve any person from liability imposed by Minnesota Statute §§ 80C.01 - 80C.22.
• 3. Sections II, XIV, and XV of the Renewal Franchise Agreement are amended by adding the following sentence to the end of the Section:
  • With respect to franchises governed by Minnesota law, Franchisor will comply with Minnesota Statute § 80C.14, Subdivisions 3, 4, and 5, which requires, except in certain cases, that (1) a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of franchise agreements;

Source: Item 22 — CONTRACTS (FDD page 82)