What is prohibited for the Franchisee or Managing Owner of a Central Bark Doggy Day Care franchise?

er related canine services, or (ii) a retail facility whose gross receipts from the sale of canine related products represent, at any time, at least 10% of the business' total gross receipts. Notwithstanding the foregoing, Franchisee shall not be prohibited from owning securities in a company if such securities are listed on a stock exchange or traded on the over-thecounter market and represent five percent (5%) or less of that class of securities. Franchisee therefore agrees that, during the term of this Agreement, and any extension thereof, neither Franchisee, any of Franchisee's owners, nor any member of such person's immediate family shall:

• 1. Have any direct or indirect interest, as a disclosed or beneficial owner, in a Competitive Business, except a canine care facility offering day care, boarding services, grooming services, training, or a specialty retail boutique for dogs operated under Franchise Agreements with Franchisor;
• 1. Communicate or divulge to any other person, persons, partnership or corporation, except as such of Franchisee's employees, agents, or contractors, as must know for purposes of operating the Franchised Business, any information or knowledge concerning the suppliers or methods of sale or distribution used in the Franchised Business, nor shall Franchisee disclose or divulge, in whole or in part, any trade secrets, proprietary information or private processes of Franchisor;
• 1. Perform services as a director, officer, manager, employee, consultant, lessor, representative, or agent for a Competitive Business, except Central Bark Facilities operated under Franchise Agreements with Franchisor;
• 1. Divert or to attempt to divert any business or customer of the Franchised Business to any competitor, by direct or indirect inducement, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with Franchisor's Marks and the System;
• 1. Directly or indirectly, appropriate, use or duplicate the System or System Standards, or any portion thereof, for use in any other business or endeavor; or

1. Disparage or otherwise speak or write negatively, directly or indirectly, of Franchisor and/or their predecessors, affiliates, agents, successors, and assigns (and their respective officers, directors, owners, and employees), the CENTRAL BARK brand, the System, any Central Bark Facility, any business using the Marks, or which would subject the CENTRAL BARK brand to ridicule, scandal, reproach, scorn, or indignity, which would negatively impact the goodwill of Franchisor or the CENTRAL BARK brand, or would constitute an act of moral turpitude.

Franchisee expressly agrees that it may conclusively be presumed that any violation of the terms of said covenants not to compete was accomplished by and through Franchisee's unlawful utilization of Franchisor's Confidential Information, know how, methods and procedures.

Source: Item 23 — Receipts (FDD pages 53–106)