What is the purpose of the headings used in the Card My Yard Franchise Agreement?

• H. Continuing Obligations. You and your Owners make the foregoing representations, warranties and covenants understanding that such representations, warranties and covenants are continuing obligations. You agree to cooperate with us to verify your and your Owners' continuing compliance with such representations, warranties and covenants. Any failure to comply with these representations, warranties and covenants will constitute a material event of default under this Agreement.

VIII. OPERATIONS

• (8) Promptly furnish to us an itemized list of all advertising and sales promotion materials bearing the Marks, whether located at the Card My Yard business or at any other location under your control.

We will have the right to inspect these materials and the option, exercisable within thirty (30) days after such inspection, to purchase any or all of the materials at your cost.

Materials we do not purchase cannot be used by you or any other person for any purpose unless authorized in writing by us.

• (9) At our option, assign to us all rights to the URLs (uniform resource locators) and telephone numbers of the Card My Yard business and any related business listings and execute all forms and documents required by us to transfer such service and numbers to us.

You agree to use different telephone numbers at or in connection with any subsequent business conducted by you.

• (10) Make such modifications or alterations to the premises as are necessary to distinguish the appearance of the Franchise Location from that of the Card My Yard businesses, and, if you fail or refuse to do so, we shall have the right to enter upon the premises, without being guilty of trespass or any other crime or tort, to make or cause such changes to be made, at your expense.

• B.

Our Post-Term Options.

Upon the termination or expiration of this Agreement, we shall have the following options:

• (1) The option, exercisable by giving written notice to you within sixty (60) days from the date of such termination or expiration, as applicable, to require you to immediately transfer, assign and deliver all yard letters and yard signs to us at no cost (except that we will pay reasonable shipping costs), and the option to otherwise acquire all or some of the other assets of the Card My Yard business from you.

The date on which we notify you

whether or not we are exercising our options is referred to as the "Notification Date." We will have the unrestricted

Franchisee's Undertaking

Franchisee agrees to make all commercially reasonable efforts to ensure that you act as required by this Agreement.

Miscellaneous

1. You agree that:

• a.

Each of the covenants herein contain reasonable limitations as to time, geographical area, and scope of activity to be restrained and do not impose a greater restraint than is necessary to protect the goodwill of the System or our other business interests.

• b.

Each of the foregoing covenants shall be construed as independent of any other covenant or provision of this Agreement.

VII. YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS

A. Your Investigation of this Franchise.

• (1) You acknowledge having received our franchise disclosure document (a) at least fourteen (14) days before signing a binding agreement or making any payment to us, or (b) if applicable, by the time required by your state's law.

You acknowledge that this Agreement contains no changes from the form of franchise agreement attached to our franchise disclosure document other than changes made with your knowledge and pursuant to negotiations between you and us.

You further acknowledge that you have read this Agreement and our franchise disclosure document and that you understand the terms of this Agreement and accept them as being reasonably necessary for us to maintain the uniformity of Card My Yard businesses and to protect the goodwill of the Marks and the integrity of the System.

• (2) You have conducted an independent investigation of the business contemplated by this Agreement and recognize that an investment in a Card My Yard business involves business risks; that your success is largely dependent on your own abilities and efforts; and that the nature of Card My Yard businesses may change over time.

You have not received or relied on any guaranty or assurance, e

Confidentiality Agreement

1. You shall, at all times, maintain the confidentiality of the Confidential Information and shall use such Confidential Information only in the course of your employment by or association with Franchisee in connection with the operation of a Card My Yard business under the Franchise Agreement.

Source: Item 23 — RECEIPTS (FDD pages 84–259)