ervice inventory practices and purchasing practices; - (d) use of suppliers and approved products and supplies - (e) sales, pricing policies and the like; - (f) owner and management training; and - (g) administrative, bookkeeping and accounting procedures.

Such guidance will be furnished at our sole discretion, in our Manuals, bulletins or other written materials, during telephone consultations, or during consultations at our office or your HydroDog Business. At your request, we will furnish additional guidance and assistance. If your requests for additional or special training and guidance are, in our opinion, excessive we may charge you our actual expenses that we incur in connection with such training or guidance, including per diem charges and travel and living expenses for our personnel.

8. MARKS.

8.1 Ownership and Goodwill of Marks. You acknowledge that the Marks are owned by us or licensed to us, and that any references to our right, title or interest in the Marks in this Article 8 shall include the owner's right, title or interest. You agree that your right to use the Marks is derived solely from this Agreement and is limited to your operating your HydroDog Business in strict accordance with this Agreement

and all System Standards we prescribe during its term. Your unauthorized use of the Marks is a breach of this Agreement and infringes our rights in the Marks. You acknowledge and agree that your use of the Marks and any goodwill established by that use are for our exclusive benefit and that this Agreement does not confer any goodwill or other interests in the Marks upon you (other than the right to operate your HydroDog Business under this Agreement). All provisions of this Agreement relating to the Marks apply to any additional and substitute trademarks and service marks we authorize you to use.

• 8.2 Limitations on Your Use of Marks. You agree to use the Marks as the sole trade identification of your HydroDog Business, provided that you shall identify yourself as the independent owner of your HydroDog Business in a manner acceptable to us. You may not use any Mark or any variation thereof (1) as part of any corporate or legal business name, (2) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (3) in selling any unauthorized services or products, (4) as part of any domain name, electronic address or search engine you maintain on any website; (5) in any other manner we have not expressly authorized in writing; or (6) that may damage or cause harm to us, our affiliates, the Marks, the System or our principals. You may not make any disparaging remarks related to us, our affiliates, our franchisees, the Marks, the System or our principals. You may not use any Mark in advertising the transfer, sale or other disposition of the Operating Assets or your HydroDog Business without our prior written consent, which we will not unreasonably withhold. You agree to display the Marks prominently and exclusively in the manner we prescribe at your HydroDog Business, and on forms, advertising, digital platforms, and other materials as designated by us. You agree to give the notices of trademark and service mark registrations that we specify and to obtain any fictitious or assumed name registrations required under applicable law.
• 8.3 Notification of Infringements and Claims. You agree to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you agree not to communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim. We have sole discretion to take such action as we deem appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark. You agree to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain our interests in the Marks.
• 8.4 Discontinuance of Use of Marks. If it becomes advisable at any time in our Business Judgment for us and/or you to modify or discontinue the use of any Mark and/or use one or more additional or substitute trade or service marks, you agree to comply with our directions within a reasonable time after receiving notice. We will reimburse you for your reasonable direct expenses of changing your HydroDog Business's signs. However, we will not be obligated to reimburse you for any loss of revenue attributable to any modified or discontinued Mark or for any expenditures you make to promote a modified or substitute trademark or service mark.

9. CONFIDENTIAL INFORMATION.

9.1 Types of Confidential Information. We and our affiliates possess (and will continue to develop and acquire) certain confidential information (the "Confidential Information") relating to the development and operation of the HydroDog Businesses, which includes (without limitation):

• (a) methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, knowledge and experience used in developing and operating your HydroDog Business (including, without limitation, the System Standards);
• (b) market research and promotional, marketing and advertising programs for your HydroDog Business;
• (c) client communication programs, along with data used or generated in connection with those programs;

Source: Item 23 — RECEIPTS (FDD pages 43–166)