As of the FDD date, what is the effective date status for a Cool Binz franchise in California?

ADDENDUM TO THE FRANCHISE AGREEMENT FOR USE IN CALIFORNIA

This is an addendum to the Agreement between Franchisor and Franchisee.

Notwithstanding anything to the contrary in the Franchise Agreement, if there is a conflict between the terms of this Addendum and the terms of your Franchise Agreement, the terms of this Addendum shall control and supersede the Franchise Agreement. Any terms not defined herein shall have the same meanings as in the Franchise Agreement and any references to sections and paragraphs refer to the sections and paragraphs of the Franchise Agreement unless stated otherwise.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledges by each of the parties signing below, it is hereby agreed and understood that the following will supersede the Sections of the Franchise Agreement listed below:

13.D. COVENANT NOT TO COMPETE.

You acknowledge and reaffirm that the COOL BINZ customer list developed under your Franchise Agreement, is the sole and exclusive proprietary information of Cool Binz International, LLC, and you have no ownership right(s) or any other interest in this customer list except as a COOL BINZ franchisee. In the event of any future termination and/or expiration of your franchise agreement with Cool Binz International, LLC, you will not retain, in any form, a copy of this customer list. You further agree not to market to, service or otherwise deal with any customers on the list for leasing or portable storage containers, devices and equipment, including, climatecontrolled and non-climate-controlled storage containers, mobile offices, mobile refrigeration units and/or freezers for a period of 18 months after the termination and/or expiration of your Franchise Agreement.

It is also agreed and understood that if you sell any one (1) or more of your COOL BINZ franchise businesses, as a condition precedent to our approving your purchaser as a new COOL BINZ franchisee, you will agree with your purchaser and with us not to compete for 18 months after the sale closing, in the leasing of portable storage containers business within a geographic area extending out from the purchased COOL BINZ territory boundaries, in every direction, for 50 miles. Provided, however, these non-competition provisions do not create or imply any additional restrictions upon your ownership of other COOL BINZ franchise business(es) in and around this geographic area.

The terms of this Addendum shall remain confidential and may not be disclosed except when and to the extent necessary to comply with applicable federal, state, or local laws or regulations.

In all other respects, the terms and conditions contained in your original Franchise Agreement, and any previous addendums to your Franchise Agreement, remain in full force and effect. Further this it to confirm that we have made no other promises or commitments of any nature concerning this or any other aspect of your franchise business that have not been set forth in writing, and any future promises, commitments or assurances must be in writing and signed by both of us, to be enforceable.

15.L. CONSTRUCTION AND INTEGRATION. The following language shall be deleted in its entirety:

"You acknowledge that you are entering into this Agreement as a result of your own independent investigation of our COOL BINZ Business and not as a result of any representations about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors, or franchisees that are contrary to the terms set forth in this Agreement, or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law;" and,

Source: Item 23 — RECEIPTS (FDD pages 63–238)