• 1. In-Term Non-Compete. During the term of this Agreement, Owner shall not, directly or indirectly, for Owner's own or others' benefit, alone, or in conjunction with any other person or entity: (1) own, engage in, be employed by, advise, assist, lease or sublease to, invest in, franchise, lend money to, agree to sell or sell all or substantially all of Owner's interest in the assets of the [Hertz / Dollar / Thrifty] Business, or have any interest in, whether financial or otherwise, any other Vehicle Rental Business, except under license from Franchisor or its affiliates, or (2) divert or attempt to divert any actual or prospective business or customer of the [Hertz / Dollar / Thrifty] Business, or of any other [Hertz / Dollar / Thrifty] Business, to any competitor, by direct or indirect inducement or otherwise.
• 1. Post-Term Non-Compete. For a period of twelve (12) months after (i) a Transfer permitted by Section 21 of the Franchise Agreement, or (ii) the date of termination or expiration of the Franchise Agreement for any reason (including, without limitation, due to nonrenewal) or the date on which Owner ceases to be an Owner in Franchisee, whichever is later, Owner shall not directly or indirectly, for Owner or for any other person or entity, alone or through or on behalf of others:

Own, engage in, be employed by, advise, assist, lease or sublease to, invest in, franchise, lend money to, agree to sell or sell all or substantially all of Owner's interest in the assets of the [Hertz / Dollar / Thrifty] Business to, or have any other interest in, whether financial or otherwise, any Vehicle Rental Business, except under license from Franchisor or its affiliates:

ATTACHMENT F TO FRANCHISE AGREEMENT FORM OF CONFIDENTIALITY AND NON-COMPETITION AGREEMENT (OWNERS)

CONFIDENTIALITY AND NON-COMPETITION AGREEMENT

(Owners)

THIS CONFIDENTIALITY AND NON-COMPETITION AGREEMENT (this "Agreement") is entered into on [DATE] (the "Effective Date"), by and between [HERTZ SYSTEM, INC. / DOLLAR RENT A CAR, INC. / THRIFTY RENT-A-CAR SYSTEM, LLC], a [Delaware/Oklahoma] [corporation / limited liability company] with its principal place of business at 8501 Williams Road, Estero, Florida 33928 (the "Franchisor") and, [FRANCHISEE], a [state of organization] [corporation / limited liability company / limited partnership] with its principal place of business at [Franchisee address] (the "Franchisee") and [Owner name], a person having a direct or indirect legal or beneficial interest in Franchisee, whose address is [Owner Address] ("Owner"). All capitalized terms not otherwise defined in this Agreement shall have the meaning ascribed to such terms in the Franchise Agreement.

• 1. The North Dakota Securities Commissioner has held the following to be unfair, unjust, or inequitable to North Dakota franchisees (Section 51-19-09, N.D.C.C.):
  • A. Restrictive Covenants: Franchise Disclosure Documents which disclose the existence of covenants restricting competition contrary to Section 9-08-06, N.D.C.C., without further disclosing that such covenants will be subject to this statute.

• 3.2. Competition.

Provided You are in full compliance with and not in default of this Agreement, We shall refrain from operating or granting a right to any third party to operate a Franchised Business from a location within Your Franchised Territory.

Notwithstanding anything to the contrary contained herein, absent Us requiring or permitting You to participate in any of the following businesses, You shall not have the right to utilize the Marks, or the Franchised System in connection with (i) the sale, or offer for sale, of any vehicle, including the sale of Your rental fleet Vehicles, including sales of Vehicles at auction, retail or wholesale sales, sales through the Internet, donations or the operation of a facility for vehicle sales (a "Car Sales Business"); (ii) the leasing of vehicles under any lease agreements for more than 365 days (a "Vehicle Leasing Business"); and (iii) the rental of vehicles in connection with or through any self-service program, 24/7 program, car-sharing service, ridesharing service, or any other business model for loaning, sharing, renting, or leasing vehicles other than a Vehicle Rental Business (a "Car Self-Service/Sharing Business") without an express

Source: Item 23 — RECEIPTS (FDD pages 102–301)