Under what circumstances is the Byrider Rider being signed according to the FDD?

ears after the cause of action accrues.

1. CONSENT TO JURISDICTION. Notwithstanding anything to the contrary contained in the Franchise Agreement, Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J prohibit the Company, except in certain specified cases, from requiring litigation to be conducted outside of Minnesota. Nothing in this Agreement shall abrogate or reduce any of the Franchisee's rights under Minnesota Statutes chapter 80C or the Franchisee's right to any procedure, forum or remedies that the laws of the jurisdiction provide.

IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the dates noted below, to be effective as of the Effective Date of the Franchise Agreement.

RIDER TO THE FRANCHISE AGREEMENT FOR USE IN NEW YORK

Law of the State of New York and the regulations issued thereunder shall remain in force to the extent required by the non-waiver provisions of GBL Sections 687.4 and 687.5, as amended.

1. ASSIGNMENT BY THE COMPANY. The following language is added to the end of Section 14.1 ("Assignment by the Company") of the Franchise Agreement:

However, to the extent required by applicable law, no transfer will be made except to an assignee who, in the Company's good faith judgment, is willing and able to assume the Company's obligations under this Agreement.

1. TERMINATION OF AGREEMENT BY FRANCHISEE. The following language is added to the end of Section 16.3.A. ("Franchisee's Rights to Terminate; Grounds") of the Franchise Agreement:

Franchisee may also terminate this Agreement on any grounds available by law under the provisions of Article 33 of the General Business Law of the State of New York.

1. GOVERNING LAW; CHOICE OF FORUM. The following statement is added to the end of Sections 20.5 ("Governing Law") and Section 20.6 ("Choice of Forum") of the Franchise Agreement:

This section shall not be considered a waiver of any right conferred upon Franchisee by the provisions of Article 33 of the New York State General Business Law, as amended, and the regulations issued thereunder.

IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the dates noted below, to be effective as of the Effective Date of the Franchise Agreement.

RIDER TO THE FRANCHISE AGREEMENT FOR USE IN NORTH DAKOTA

• 1. RESTRICTIVE COVENANTS. Covenants restricting competition are subject to Section 9-08-06, N.D.C.C., which limits the Company's ability to restrict Franchisee's activity after the Franchise Agreement has ended. In North Dakota, covenants not to compete upon termination or expiration of the Franchise Agreement are generally unenforceable except in certain instances as provided by law; however, the Company and the Franchisee will enforce the covenants to the maximum extent the law allows.
• 1. ARBITRATION. The following provision is added to the end of Section 19.1 of the Franchise Agreement:

Notwithstanding the foregoing, to the extent required by the North Dakota Franchise Investment Law (unless such a requirement is preempted by the Federal Arbitration Act), arbitration shall be held at a site to which the Company and the Franchisee mutually agree.

1. GOVERNING LAW. The following paragraph is added to the end Section 20.5 ("Governing Law") of the Franchise Agreement:

Notwithstanding the foregoing, (1) any state law regulating the offer or sale of franchises or governing the relationship of a franchisor and its franchisee will not apply unless its jurisdictional requirements are met independently without

reference to this section, and (2) the enforceability of those provisions of this Agreement which relate to restrictions on the Franchisee and its owners' competitive activities will be governed by the laws of the state in which Franchisee's Business is located.

1. CHOICE OF FORUM. The following provision is added to the end of Section 20.6 ("Choice of Forum") of the Franchise Agreement:

Notwithstanding the foregoing, to the extent required by North Dakota Franchise Investment Law, and subject to the parties' arbitration obligations, the Franchisee may bring an action in North Dakota for claims arising under the North Dakota Franchise Investment Law.

• 1. LIQUIDATED DAMAGES AND TERMINATION PENALTIES. In North Dakota, any provision in the Franchise Agreement that requires Franchisees to consent to liquidated damages or termination penalties is void.
• 1. WAIVER OF PUNITIVE DAMAGES AND JURY TRIAL. Section 20.7 and Section 20.8 of the Franchise Agreement are deleted in their entirety.
• 1. LIMITATION OF CLAIMS. In North Dakota, the statute of limitations under North Dakota law applies.

IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the dates noted below, to be effective as of the Effective Date of the Franchise Agreement.

RIDER TO THE FRANCHISE AGREEMENT FOR USE IN RHODE ISLAND

3. CHOICE OF FORUM. The following language is added to the end of Section 20.6 ("Choice of Forum") of the Franchise Agreement:

Notwithstanding the foregoing, to the extent required by applicable law, Franchisee may bring an action in Rhode Island for claims arising under the Rhode Island Franchise Investment Act.

IN WITNESS WHEREOF, the parties have executed and delivered this Rider on the dates noted below, to be effective as of the Effective Date of the Franchise Agreement.

THE FOLLOWING PAGES IN THIS EXHIBIT ARE STATE-SPECIFIC RIDERS TO THE AREA DEVELOPMENT AGREEMENT

RIDER TO THE AREA DEVELOPMENT AGREEMENT FOR USE IN ILLINOIS

THIS RIDER (this "Rider") is made and entered into by and between BYRIDER

Source: Item 23 — Receipts (FDD pages 88–335)