What is the status of the Crisp & Green location in Lowry, CO?

e the System at any site other than the Premises, or relocate the Franchised Restaurant, without our prior written consent.

2.02 Your Designated Area. The Preliminary Designated Area identified on Exhibit B, if any, is the general location where you intend to secure the Premises for the Franchised Restaurant. If a Preliminary Designated Area is specified in Exhibit B, we will not grant anyone else the right to develop or operate a CRISP & GREEN Restaurant in the Preliminary Designated Area for 60 days from the Effective Date of this Agreement. Once the Premises has been approved by us, you hereby authorize us to define in Exhibit B a "Designated Area" around the Premises; provided that such Designated Area will generally consist of a geographic area illustrated on a map whose boundaries will be designated based on our current criteria for size, demographics, and topographical features. Once defined in Exhibit B, your Designated Area will remain constant throughout the initial Term of this Agreement (unless you relocate the Franchised Restaurant and upon renewal or transfer). During the Term, and subject to the following Section 2.03, we will not establish (directly or through an Affiliate), or grant to a third party the right to establish, a CRISP & GREEN Restaurant physically located within your Designated Area. You acknowledge and agree that we and our Affiliates have the right to develop and operate and grant others the right to develop and operate CRISP & GREEN Restaurants outside the Designated Area, regardless of their proximity to the Designated Area or any negative impact they may have on your Franchised Restaurant.

2.03 Our Reservation of Rights. Other than as set forth in Section 2.02 above, we and our Affiliates (and our respective successors and assigns, by purchase, merger, consolidation or otherwise) retain all rights and discretion with respect to the Marks, the System, the sale of products and services similar or dissimilar to those offered by CRISP & GREEN Restaurants, and the operation or franchising of CRISP & GREEN Restaurants anywhere located or to be located, and may engage in any business activities whatsoever, within or outside the Designated Area, whenever and wherever we desire. Specifically, by way of example and without limitation, we reserve the following rights: (a) to establish and

operate, and grant to others the right to operate, CRISP & GREEN Restaurants physically located outside the Designated Area, on such terms and conditions as we deem appropriate (you acknowledge that such CRISP & GREEN Restaurants may be in direct competition with your Franchised Restaurant, without regard to any adverse effects of such activities on your Franchised Restaurant and without any obligation or liability to you), which includes the right of us and others to perform Catering Services or Delivery Services in your Designated Area; (b) to establish and operate, and grant to others the right to operate, CRISP & GREEN Restaurants, or other restaurants using any part or all of the System and/or Marks, that are located at or operated from Non-Traditional Sites within or outside the Designated Area; (c) to sell any products or services under the Marks or under any other trademarks, service marks or trade dress, through alternative channels of distribution, wherever located or operating (including, without limitation, the internet or similar electronic media and physical outlets like kiosks, convenience stores or supermarkets); (d) to establish and operate, and grant to others the right to operate, restaurants identified by trademarks, service marks or trade dress, other than the Marks (including the CRISP & GREEN name and mark), pursuant to such terms and conditions as we deem appropriate and wherever such restaurants are located, which restaurants may be located within the Designated Area; (e) to acquire the assets or ownership interests of one or more businesses providing products and services similar or dissimilar to those provided at CRISP & GREEN Restaurants, and to franchise, license or create similar arrangements with respect to these businesses once acquired, and which businesses we may (at our sole discretion, and without obligation) convert, or allow to be converted, to operations as CRISP & GREEN Restaurants using any of the Marks and/or the System, wherever these businesses (or the franchisees or licensees of these businesses) are located or operating (including in your Designated Area, if applicable); and (f) to be acquired (whether through acquisition of assets, ownership interests or otherwise, regardless of the form of transaction), by a business providing products and services similar to those provided at CRISP & GREEN Restaurants, or by another business, even if such business operates, franchises and/or licenses Competitive Businesses in the Designated Area.

You acknowledge and agree that, except as expressly granted to you in Section 2.02 hereof, your rights hereunder are non-exclusive and you have no rights under this Agreement to participate in or benefit from any other business activity we or any Affiliate of ours may undertake, regardless of whether such activity involves the Marks or the System. You waive, to the fullest extent permitted under applicable law, all claims, demands, or causes of action arising from or relating to any of the foregoing activities by us or any of our Affiliates in connection with our reserved rights under this Section 2.03.

3. DEVELOPMENT OF THE FRANCHISED RESTAURANT.

3.01 Site Acceptance Disclaimer. You acknowledge and agree that, if we suggest, approve, or give you information regarding a site for the Premises or a Crisp & Go Location, our action is not a representation or warranty of any kind, express or implied, of the site's suitability for a Restaurant, Crisp & Go Location, or any other purpose. We do not represent that we, or any of our Affiliates, owners, employees or agents, have special expertise in selecting sites. Our action indicates only that we believe that the site meets our then acceptable criteria and not that the Franchised Restaurant will be profitable or

successful at the Premises. Applying criteria that have appeared effective with other sites and premises might not accurately reflect the potential for all sites and premises, and demographic and/or other factors included in or excluded from our criteria could change, altering the potential of a site and premises. The uncertainty and instability of these criteria are beyond our control, and we are not responsible if a site and premises we suggest or approve for the location of a Restaurant fails to meet your expectations. Accordingly, you acknowledge and agree that your acceptance of the franchise for a Restaurant pursuant to this Agreement is based on your own independent investigation of the site's suitability for the Premises.

Source: Item 23 — RECEIPTS (FDD pages 66–252)