Which sections of the Chicken Guy Franchise Agreement are modified by the addition of a sentence as described in this Addendum?

t. This Addendum is being executed because: (A) the offer or sale of a franchise to Franchisee was made in the State of New York; (B) Franchisee is a resident of the State of New York; and/or (C) the Franchised Restaurant will be located and/or operated, and/or all or part of the Protected Area will be located, in the State of New York.

• 2. Any provision in the Franchise Agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680 – 695, may not be enforceable.
• 3. The following sentence is added to the end of Sections 2.B.(2)(e), 19.B.(5) and 20:

Any provision in this Agreement requiring Franchisee to sign a general release of claims against Chicken Guy does not release any claim Franchisee may have under New York General Business Law, Article 33, Sections 680-695.

4. The following sentence is added to Section 18:

Chicken Guy will not assign its rights under this Agreement, except to an assignee who in Chicken Guy's good faith and judgment is willing and able to assume Chicken Guy's obligations under this Agreement.

5. The following sentence is added to the end of Sections 21.B.(1) and 32.E.:

Chicken Guy's right to obtain injunctive relief exists only after proper proofs are made and the appropriate authority has granted such relief.

6. The following sentence is added to the end of Section 31.A.:

Notwithstanding the foregoing, the New York Franchises Law shall govern any claim arising under that law.

7. Miscellaneous. Any capitalized terms that are not defined in this Addendum shall have the meaning given them in the Franchise Agreement. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect. This Addendum may be executed in multiple counterparts, each of which when executed and delivered shall be deemed an original and all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Addendum by facsimile and any other electronic transmission (including PDF) shall be as effective as delivery of a manually executed counterpart of this Addendum.

IN WITNESS WHEREOF, the parties have duly executed, sealed and delivered this Addendum as of the day and year first above written.

CHICKEN GUY (FRANCHISOR), LLC

Print Name: Print Name: ADDENDA REQUIRED BY

THE STATE OF NORTH DAKOTA

ADDENDUM TO THE CHICKEN GUY! RESTAURANT DEVELOPMENT AGREEMENT REQUIRED FOR NORTH DAKOTA DEVELOPERS

• 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Development Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to Developer was made in the State of North Dakota; (B) Developer is a resident of the State of North Dakota; and/or (C) part or all of the Development Territory is located in the State of North Dakota.
• 2. Development Fee. The following language is added to the end of Section 4 of the Development Agreement:

Pursuant to an order by the North Dakota Securities Department, Chicken Guy has posted a surety bond in the amount of $50,000.

3. Releases. The following sentence is added to the end of Sections 10.B.(5) and 11:

Any release required as a condition of renewal, sale and/or assignment/transfer will not apply to the extent prohibited by the North Dakota Franchise Investment Law.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–46)