Does the Ella Cafe franchise agreement reserve the right for Ella Cafe to reduce the scope of the non-compete provision?

ty other than Franchisee to establish, a Coffee House that is the same model as the one operated by Franchisee under this Agreement in the Designated Area during the Term of this Agreement.

• 2.3. Retained Rights. The rights granted to Franchisee under this Agreement are nonexclusive, and Franchisor and its Affiliates have and retain all rights within and outside the Designated Area, except those expressly granted to Franchisee in the Agreement. Accordingly, Franchisor, its Affiliates, and any other authorized person or entity will have the right, among others, (a) to operate, and license others to operate, ELLA Coffee House at any location outside the Designated Area and in any Reserved Area (whether located inside or outside the Designated Area), including ELLA Coffee House that are adjacent to or surrounded by the Designated Area (b) to advertise and promote the System in the Designated Area (c) to operate, and license others to operate, ELLA Coffee House at any locations in any Reserved Area, including Reserved Areas that are in the Designated Area (d) to operate, and license others to operate, other coffee houses, ghost kitchens, or other food service businesses utilizing trademarks other than ELLA COFFEE HOUSE inside and outside the Designated Area and in any Reserved Area (whether located inside or outside the Designated Area and (e) to engage, directly or indirectly, at wholesale, retail, or otherwise, in the production, distribution, license, and sale of any and all food, beverages, or other services and products, under the Marks or under other names or marks through any method of distribution, other than a ELLA Coffee House, regardless of the competitive impact, and including, but not limited to, from vending machines and kiosks, food trucks, grocery stores, and other food retailers and through mail order catalogs and the Internet, regardless of the proximity to, or the competitive impact on, Coffee Houses developed by Franchisee. The Franchisor shall operate or license others to operate a Ghost Kitchen inside of the Designated Area or Reserved Area with Franchisee's prior written consent; however, if such a Ghost Kitchen exists in the Designated Area or Reserved Area at the time of execution of this Agreement, then Franchisee's consent is deemed to have been provided and cannot be revoked. Franchisee understands and acknowledges that, at any time, the Franchisor may develop or authorize someone other than Franchisee to develop and operate ELLA Coffee House in the Reserved Area within the Designated Area. Further, the Franchisor may sell within the Designated Area any products and services that are authorized for sale at ELLA Coffee House, as well as other products and services, under the Marks or other trademarks, service marks, and commercial symbols, provided that such sales are through dissimilar channels, which include, but are not limited to, grocery and other retail stores (including supermarkets), motor vehicles (such as food trucks), the internet, satellite locations, sales or mail order catalogs, temporary locations, carts or kiosks, or through other electronic, internet, or print media.
• 2.4 Franchisee Control. Franchisee represents that Attachment 1 (i) identifies each owner, officer and director of Franchisee, and (ii) describes the nature and extent of each owner's interest in Franchisee.

Source: Item 22 — CONTRACTS (FDD page 50)