any litigation we commence or defend on your behalf to protect the Marks and your right to use them. You must cooperate with us in defending any litigation relating to the Marks, and you may not settle any claim without our written consent.

14. YOUR ORGANIZATIONAL STRUCTURE

A. Representations.

• (1) If you are a corporation, a limited liability company or a partnership (any of which, an "Entity"), you make the following representations and warranties: (a) you are duly organized and validly existing under the laws of the state of formation; (b) you are qualified to do business in the state, county, and city in which the Franchised Business is located; (c) execution of this Agreement and the development and operation of the Franchised Business is permitted by your governing documents; (d) unless waived in writing by us, your Articles of Incorporation, Articles of Organization or written partnership agreement must at all times provide that your activities are limited exclusively to the development and operation of Pump It Up Businesses and other businesses operated by you that are franchised by us or our affiliates; (e) all interests in you are owned as set forth in attached Exhibit 4; and (f) each person owning 5% interest in you, along with their spouse, has executed a guaranty agreement, set forth in attached Exhibit 5, undertaking to be bound by the provisions of the Franchise Agreement.
• (2) If you are an individual, a group of individuals, or a partnership comprised solely of individuals, you make the following representations and warranties: (a) each individual has signed this Agreement;

Source: Item 23 — RECEIPTS (FDD pages 60–225)