Can Focus Cfo pursue injunctive relief in state or federal court?

m, or defense. Franchisee's sole remedy for the claim will be an action or

proceeding to enforce the Agreement provisions consistent with the terms of this Agreement.

• 16.2. Injunctive Relief. As any breach by Franchisee of any of the restrictions contained in Sections 12, 13, 14 and 15 would result in irreparable injury to Focus CFO, and as the damages arising out of any such breach would be difficult to ascertain, in addition to all other remedies provided by law or in equity, Focus CFO shall be entitled to seek injunctive relief (whether a restraining order, a preliminary injunction or a permanent injunction) against any such breach, whether actual or contemplated. Focus CFO's right to seek injunctive relief will not affect the parties' waiver of jury trial and covenant to arbitrate all disputes in accordance with Section 18. Focus CFO's rights herein shall include pursuing injunctive relief through arbitration or in state or federal court.
• 16.3. Notices and Payments. Any notice, demand, request of other writing required or permitted by this Agreement shall be deemed to have been delivered one (1) business day after transmission by email or three (3) business days after placement in the United States Mail by Registered or Certified Mail, postage prepaid, and addressed as follows, or such other address as the party to which such notice is directed may have designated by notice in writing given pursuant to this paragraph.

If to Focus CFO at the following address: 575 Charring Cross Drive, Suite 102 Westerville, Ohio 43081 If to FRANCHISEE: _______________________________ _______________________________ _______________________________ Personal email: __________________________ All payments required by this Agreement shall be sent to Focus CFO via wire transfer or ACH payment as follows:

Beneficiary: Focus CFO Group, LLC Bank: First Merchant Muncie, IN Routing Number: 074900657 Account Number: 100901552

16.4. Cost of Enforcement or Defense. If Focus CFO or Franchisee is required to enforce this Agreement in a judicial or arbitration proceeding, the prevailing party shall be

entitled to reimbursement of its costs, including reasonable accounting and attorneys' fees, in connection with such proceeding.

16.5. Representations by Franchisee.

• 16.5.1. Franchisee represents that the execution and delivery of this Agreement and the performances of the services under this Agreement do not, and will not, breach or conflict with any obligations including any non-compete, non-solicitation or nondisclosure agreements that Franchisee or any Equity Owner has to a previous employer or company, or any obligation Franchisee or any Equity Owner has to keep confidential any information acquired by Franchisee prior to the Effective Date.
• 16.5.2. Franchisee acknowledges that it has received the Disclosure Document required by the Federal Trade Commission at least fourteen (14) calendar days prior to the date on which this Agreement was executed.
• 16.5.3. Franchisee acknowledges and is aware of the fact that some franchisees may operate under different forms of agreements.
• 16.5.4.

Source: Item 23 — Receipts (FDD pages 37–126)