Under what conditions can a Marble Slab Creamery franchisee operate outside of the Accepted Location?

vents and company account programs (collectively, "Catering Events"), provided Franchisee delivers (and does not engage a major carrier to deliver) products on the same day that they are made and adhere to any other rules that Franchisor set forth in the Manuals. Sales may not be made as part of a mail order program.

• 5.26.3 In addition to operating Franchisee's Restaurant at the Accepted Location, Franchisor may offer Franchisee the opportunity to enter into a Franchise Agreement addendum (a "Satellite Addendum") which would grant Franchisee the right, in consideration for an additional satellite fee, to offer products from a Satellite at another location within the shopping center, mall, or venue in which Franchisee's Restaurant at the Accepted Location is located. Franchisor do not consider a temporary, promotional holiday display case or decorating table to be a Satellite, but Franchisee must obtain Franchisor's written approval to operate one. If Franchisee operate a Traditional Restaurant and obtain the right in a Satellite Addendum to operate a Satellite in the same shopping center, mall, or venue, Franchisee's existing Traditional Restaurant may supply the Satellite with products. If Franchisee do not enter into a Satellite Addendum, Franchisee do not have any rights to operate any Satellites in addition to Franchisee's Restaurant at the Accepted Location.
• 5.27 Franchisee may not relocate the Restaurant without Franchisor's prior written consent, which may be granted or withheld in Franchisor's discretion and may be subject to such conditions as Franchisor may require, including (i) the new location for the Restaurant premises being satisfactory to Franchisor, (ii) Franchisee's lease, if any, for the new location complies with Franchisor's thencurrent requirements, (iii) Franchisee complies with Franchisor's then-current requirements for constructing and furnishing the new location, (iv) the new location will not, as determined in Franchisor's sole discretion, materially and adversely affect any other Marble Slab Creamery restaurant, (v) the relocated Restaurant must be open and operating within 120 days from the closure of the original restaurant, (vi) Franchisee has fully performed and complied with each provision of this

Agreement within the last three years prior to, and as of, the date Franchisor consents to such relocation (the "Relocation Request Date"), (vii) no event of default, or event which with the giving of notice and/or passage of time would constitute an event of default, exists as of the Relocation Request Date, and (viii) Franchisee pays Franchisor a relocation fee of $2,000. Franchisor reserves the right to terminate this Agreement if Franchisee fails to meet any of the above requirements for the relocation, including the failure to reopen the relocated Restaurant within 120 day of the closure of the original Restaurant even if Franchisee received Franchisor's approval to relocate.

6. PROPRIETARY MARKS

• 6.1 With respect to Franchisee's use of the Proprietary Marks pursuant to this Agreement, Franchisee agrees that:
• 6.1.1 Franchisee will use only the Proprietary Marks designated by Franchisor, and will use them only in the manner authorized under this Agreement and permitted by Franchisor.
• 6.1.2 Franchisee will use the Proprietary Marks only for the operation of the Restaurant and only at the Accepted Location or in advertising for the business conducted at or from the Accepted Location. Unless otherwise authorized or required by Franchisor, Franchisee will not use the Proprietary Marks in connection with the operation of an Internet website or in connection with any advertising on an Internet website.

Source: Item 22 — CONTRACTS (FDD page 101)