gement of the Store and identified by name on the signature page of this Agreement, if Franchisee is a legal entity. The Key Individual must be a person authorized to represent and bind Franchisee in all matters arising under this Agreement (including all related agreements) and all matters relating to the Store.

• 1. "Marks" means the name "Circle K," and certain other distinctive trademarks, trade names, service marks, copyrights, interior and exterior building designs and specifications (including the unique motif, décor, and color combinations that comprise the trade dress of Circle K Stores), slogans, logos, social media indicators, social media handles and commercial symbols together with all goodwill associated therewith, as identified in the Business Systems Manuals or otherwise by Franchisor in writing.
• 1. "Methods" means the unique and distinguishing characteristics and methods for the operation of Circle K Stores, including without limitation, exterior and interior construction designs, equipment layout, operating methods, services, advertising and promotional materials, sales techniques, signs, personnel management and control systems, and bookkeeping and accounting systems, and systems for inventory control.
• 1. "New Store" means a convenience store that is not a Conversion Store, but is to be constructed and operated under the Marks and the Business System pursuant to the terms of this Agreement.
• 1. "Open Date" means the date on which the Franchisor deems the Store to have first opened for business, in accordance with the terms hereof.
• 1. "Principal Equity Holders" means, if Franchisee is a corporation, the shareholders of such corporation owning directly or beneficially 10% or more of such corporation's stock upon the Effective Date or at any time thereafter, and, if Franchisee is a partnership, limited partnership, limited liability company or other entity, the holders that own, directly or indirectly, 10% or more of the equity interests in such entity, as of the Effective Date or at any time thereafter.
• 1. "Store" means the Circle K Store located at the Franchised Location and operated by Franchisee under the Marks and the Business System, subject to the terms of this Agreement.
• 1. "Store Manager" means an employee of Franchisee designated by Franchisee to work at, and have the responsibility for managing the day-to-day operations of, the Store.
• 1. "Techniques" means the Methods, together with the Confidential Information, owned by Franchisor and its Affiliates and licensed by Franchisor to its franchisees for the operation of Circle K Stores.
• 1. "Transfer Date" means (a) the date on which the Store is transferred to Franchisee hereunder, if the Store is an Existing Store, or (b) the date the Store is transferred to a new franchisee if the Store is being transferred or sold to a third party in accordance with the terms hereof.

DMS_US.371161686.7

Exhibit 1 to Franchise Agreement

DATA SHEET

Source: Item 22 — CONTRACTS (FDD page 100)