What rights do I have to use Byrider's trademarks upon signing the Franchise Agreement?

ons, rights of first refusal or similar rights.

ITEM 13

TRADEMARKS

Byrider Franchising Partners' principal trademarks are "CNAC CarNow Acceptance Company", "CNAC" and "Byrider". Upon signing the Franchise Agreement, you will have the right to use certain of Byrider Franchising Partners' trademarks, service marks and other commercial symbols in operating the Business (the "Marks").

Byrider Franchising Partners is the owner of the following Marks registered with the United States Patent and Trademark Office on the Principal Register ("USPTO"):

Byrider Franchising Partners has filed all required renewals and affidavits with the USPTO.

You must follow Byrider Franchising Partners' rules when you use its Marks. You cannot use any Mark as part of your corporate or legal business name or with modifying words, designs or symbols (except for those Byrider Franchising Partners licenses to you). You will not be permitted to use any Mark in performing any unauthorized services, in selling any unauthorized products or in any other manner Byrider Franchising Partners has not expressly authorized in writing.

Any and all web sites or references made on the Internet relating to the Byrider franchise must be approved by Byrider Franchising Partners prior to being published on the Internet. Any and all web sites must have a banner link to the Byrider Franchising Partners, LLC, corporate home page (http://www.byrider.com). Byrider Franchising Partners will supply this image file to you.

There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor are there any pending infringement, opposition or cancellation proceedings or material litigation, involving the principal trademark. There are no agreements currently in effect that significantly limit Byrider Franchising Partners' rights to use or license the Marks in a manner material to the franchise.

You must notify Byrider Franchising Partners immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you may not communicate with any person other than Byrider Franchising Partners, Byrider Franchising Partners' attorneys and your attorneys of this infringement, challenge or claim. Byrider Franchising Partners has sole discretion to take the action it deems appropriate and the right to control exclusively any litigation, Patent and Trademark Office proceeding or any other administrative proceeding from this infringement, challenge or claim concerning any Mark. You must sign any instruments and documents, provide any assistance and take any action that, in the opinion of Byrider Franchising Partners attorneys, may be necessary or advisable to protect and maintain Byrider Franchising Partners interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain Byrider Franchising Partners interests in the Marks.

If, in the circumstance of a trademark infringement challenge, Byrider Franchising Partners in its sole discretion directs you to modify or discontinue the use of any Mark or use one or more additional or substitute trade or service marks, you must comply with Byrider Franchising Partners' directions within a reasonable time after receiving notice. Byrider Franchising Partners will reimburse you for your reasonable direct expenses of changing printed advertising and marketing materials for which you have paid. However, Byrider Franchising Partners will not be obligated to reimburse you for any loss of revenue attributable to any modified or discontinued Mark or for any expenditures you make to promote a modified or substitute trademark or service mark.

Byrider Franchising Partners will indemnify you against and reimburse you for all damages for which you are held liable in any proceeding from your authorized use of any Mark, and for all costs you reasonably incur in defending any claim brought against you or any proceeding in which you are named as a party, if you have timely notified Byrider Franchising Partners of the claim or proceeding and otherwise have complied with the Franchise Agreement.

Source: Item 13 — Trademarks (FDD pages 51–54)