Does the Ella Cafe franchisee have exclusivity rights in the Site Selection Area?

• 6.1 Determining Location and Designated Area. If the Location and Designated Area are not determined by the Effective Date, then:
• (i) Franchisee must identify a site for the Coffee House within the Site Selection Area and submit to Franchisor a site approval request packet, as set forth in Section 6.2(iii) below. If Franchisee has signed a separate multi-unit development agreement, then Franchisee must identify a site located in the Development Area set forth in the development agreement. Otherwise, Franchisee must identify a site within the non-exclusive Site Selection Area set forth in Attachment 2. The site must meet Franchisor's then-current site selection criteria and must otherwise be mutually acceptable to Franchisor and Franchisee. Franchisee acknowledges and agrees that it acquires no rights in and to the Site Selection Area, other than the right to select a site for the Coffee House from within its boundaries, and, without limitation of the foregoing, Franchisee has no exclusivity rights in the Site Selection Area. Franchisee further acknowledges and agrees that the Site Selection Area excludes any Reserved Area, any existing Site Selection Area of another Coffee House franchisee, and any designated area of any other Coffee House franchisee, which may be designated after the execution of this Agreement and which may be within the Site Selection Area.
• (ii) Within 180 days after the Effective Date, Franchisee shall obtain approval from Franchisor for the proposed Location within the Site Selection Area described in Attachment 2. Franchisee shall submit its proposed Location to Franchisor for acceptance, with all related information Franchisor may request, including the lease and lease rider, attached hereto as Attachment 5. If Franchisor does not accept the proposed Location in writing within 30 days, then it is deemed rejected. Upon Franchisor's approval of the Location, Attachment 2 shall be amended to define the Designated Area around the Location, and Franchisee forfeits any rights to the Site Selection Area.

Source: Item 22 — CONTRACTS (FDD page 50)