Under the Camp Margaritaville Franchise Agreement, what constitutes 'Buffett IP Rights'?

WHEREAS, Licensor is the exclusive owner of the Margaritaville Enterprises IP Rights and is licensed by Jimmy Buffett to use and sublicense the Buffett IP Rights;

WHEREAS, Licensee desiresto have the right to sublicense the Margaritaville Intellectual Property pursuant to Trademark Sub-License Agreements and/or Franchise Agreements to developers and operators of Camp Margaritaville-branded RV resorts (each, a "Trademark Agreement"; and collectively, the "Trademark Agreements"); and

WHEREAS, subject to the terms and conditions hereof, Licensor is willing to grant to Licensee the right to use the Margaritaville Intellectual Property for the purpose of sublicensing such Margaritaville Intellectual Property, as set forth in the Trademark Agreements;

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, it is hereby agreed as follows:

Section 8.04 Restrictions on Buffett IP Rights. The rights granted pursuant to this Agreement expressly exclude the right to use the Non-Buffett Works. To the extent that Buffett has the legal right to do so, Buffett has granted to Licensor (pursuant to the Buffett Agreement), and Licensor has sub-licensed to Franchisor (pursuant to the License Agreement), the right to further sub-license to Franchisee, a nonexclusive license to exploit the Non-Buffett Works in connection with this Agreement, subject to Section 8.05 hereof.

Section 8.06 Franchisee's Obligations as to the Camp Margaritaville Intellectual Property. During the Term and thereafter, Franchisee shall not, anywhere in the world, and shall ensure that Franchisee as well as its Owners and Affiliates do not:

"Licensor" shall have the meaning set forth in Section 8.01;

"Non-Buffett Works" shall mean all musical composition recorded by Jimmy Buffett, including the lyrics and titles to such compositions and all intellectual property rights embodied therein and appurtenant thereto, for which Buffett does not own 100% of the publishing rights, and all photographic works, books, articles, films, videos and other audio-visual works, artwork, drawings and other works of authorship which are not 100% owned and controlled by Buffett, and, with respect to all of the foregoing, including all intellectual property rights embodied therein and appurtenant thereto;

(iv) Licensee's use of the Buffett IP Rightsin connection with the Resort, which uses are approved by Licensor in accordance with this Agreement, do not infringe or otherwise violate a third party's rights;

Section 8.02 License. Franchisee's right to use the Camp Margaritaville Intellectual Property and Confidential Information is derived only from this Agreement and is limited to the development and operation of the Resort at the Site during the Term.

Source: Item 23 — RECEIPTS (FDD pages 72–406)