Can Casiola require that the franchisee's license and use of the Bookings and Management System occur through accounts registered to, controlled by, or licensed through Casiola?

n Article 14.E. of this Agreement.

• "Assignment of Telephone Numbers and Digital Media Accounts" means the form of "Assignment of Telephone Numbers and Digital Media Accounts" agreement attached to this Agreement as Exhibit 3.
• "Bookings and Management System" means individually, and collectively, the software, internet, web based and/or cloud based system or systems, point of sale system or systems, payment processing system, credit card processing system, property management system, booking platform, booking platform integrations, booking system, customer care management systems, online travel agency integrations, and customer relationship management system or systems as same may be individually or collectively designated by Franchisor, in Franchisor's Reasonable Business Judgment, as being required for use by the Franchised Business. At all times Franchisor may modify, amend, supplement, and/or discontinue the functionality and/or system or systems constituting all or a part of the Bookings and Management System. and as may be modified, supplemented, discontinued, as designated and determined by Franchisor, in Franchisor's Reasonable Business Judgment. At all times, Franchisor shall possess direct live access and storage based access to the Bookings and Management System for the Franchised Business and to Franchisee's Bookings and Management System Data.
• "Bookings and Management System Data" means the forms, data, tools, customer information and sales information that is pre-populated, entered, recorded, stored and/or maintained in the Bookings and Management System. As between Franchisor and Franchisee, Franchisor shall own all Bookings and Management System Data.
• "Brand Development Fund" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
• "Brand Development Fund Fee" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
• "Casiola Business(es)" means any business or businesses owned and/or operated by Franchisor, Franchisor's affiliates or an authorized franchisee that utilizes or is required to utilize the System and Licensed Marks.
• "Closed Market" means any and all Corporate Account customers that presently, or in the future, are located within Franchisee's Operating Market.
• "Commission Agreement" means the actual and/or form agreement designated and authorized by Franchisor for use by Franchisee in connection with, among other things, offering and providing the Approved Services and Products on behalf of property owner customers of the Franchised Business, the calculation and determination of Commission+ Fees and other charges, fees, and expenses, and other terms and conditions upon which the Approved Services and Products are provided. From time to time, Franchisor

may modify and amend the terms and conditions of the Commission Agreement in Franchisor's Reasonable Business Judgment.

"Commission+ Fees" means fees and commissions paid, payable, and/or due to a Casiola Business for property management services and all other Approved Services and Products of a Casiola Business including, but not limited to, damage waiver fees and, except only Ancillary Third Party Service Fees.

Source: Item 23 — RECEIPTS (FDD pages 47–209)