Is the Caring Transitions franchisee's license to use the Caring Transitions marks exclusive?

policy.

ARTICLE 8

PROPRIETARY MARKS

• 8.1 Use by Franchisee. Franchisee's right to use the Marks as granted in this agreement is limited to their use in connection with the operation of the franchised business within the Territory described in Section 1.2 and otherwise as described in this agreement and as set forth in the Manual or as may be prescribed in writing by Franchisor from time to time. Franchisee shall operate the franchised business under the trade name CARING TRANSITIONS along with any geographic appellation that Franchisor may designate. Franchisee shall not use any other trademark, trade name, geographic appellation, or assumed name in connection with the franchised business without Franchisor's prior written consent. Franchisee shall use the trade name CARING TRANSITIONS and/or any other Marks designated by Franchisee when providing Permitted Products and Services.
• 8.2 Exclusive Property of Franchisor. Franchisee acknowledges Franchisor's right, title and interest in and to the Marks, along with the identification, schemes, standards, specifications, operating procedures, and other concepts embodied in the System. Franchisee is a "related company" within the meaning of 15 U.S.C. § 1127 and Franchisee's use of the Marks pursuant to this agreement inures solely to the benefit of Franchisor. Except as expressly provided by this agreement, Franchisee shall acquire no right, title or interest therein, and any and all goodwill associated with the system and the Marks shall inure exclusively to Franchisor's benefit. Upon the expiration or termination of this

agreement, no monetary amount shall be assigned as attributable to any goodwill associated with Franchisee's use of the system or the Marks.

• 8.3 Infringement by Franchisee. Franchisee acknowledges that the use of the Marks outside of the scope of this agreement or after the expiration or termination (regardless of the reason therefor) of this agreement without Franchisor's prior written consent is an infringement of Franchisor's rights, title and interest in and to the Marks. Franchisee expressly covenants that during the term of this agreement and after the expiration or termination hereof, Franchisee shall not, directly or indirectly, commit an act of infringement or contest, or aid in contesting, the validity or ownership of the Marks or take any other action in derogation thereof.
• 8.4 Infringement by Others. Franchisee shall promptly notify Franchisor of any use of the Marks, any other trademark, logo, or trade name in which Franchisor has or claims a proprietary interest, or any variation thereof, by any party other than Franchisor or any of its representatives, agents, or other franchisees. Franchisee further agrees to notify Franchisor promptly of any litigation instituted by any party against Franchisor or Franchisee involving the Marks. In the event Franchisor, in its sole discretion, undertakes the defense, prosecution, or settlement of any litigation relating to the Marks, Franchisee agrees to execute any and all documents, and to render such assistance as may, in the opinion of Franchisor, be reasonably necessary to carry out such defense, prosecution or settlement. Franchisee acknowledges that the nature of trademark law makes it impossible for Franchisor to guarantee or warrant the exclusivity of Franchisor's right to use any of the Marks, and that nothing in this agreement or in any other document or promotional material provided by Franchisor to Franchisee or to any other party shall be construed to guarantee, warrant, or imply that Franchisor's right to use any of the Marks is exclusive or superior to the rights of any other party.

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)