• (5) If, at any time during the Restrictive Period, you or your owners fail to comply with your obligations contained in this Section 18.B., that period of noncompliance will not be credited toward the satisfaction of your obligations under this Section 18.B.

These restrictions also apply after Transfers, as provided in Section 16.B.(3) above.

Equity ownership of less than 2% of a Competing Business whose stock or other forms of ownership interest are publicly traded on a recognized United States stock exchange will not be deemed to violate this Section 18.B.

• (6) If any restriction in this Section 18.B. is deemed unenforceable by virtue of its scope in terms of area, business activity prohibited, and/or length of time, but would be enforceable if modified, you and we agree that the covenant will be enforced to the fullest extent permissible under the laws and public policies applied in the jurisdiction whose law determines the covenant's validity.

If you fail to promptly make these alterations and modifications, we will have the right (at your

expense, to be paid upon your receipt of an invoice from us) to do so without being guilty of trespass or any other tort.

• B. Evidence of Compliance. You must furnish to us, within 30 days after the effective date of termination or expiration, evidence (certified to be true, complete, accurate and correct by you or by your chief executive officer if you are a corporation; by your manager, if you are a limited liability company; or by your general partner, if you are a partnership) satisfactory to us of your compliance with Sections 20.A.
• C. Prohibition From Engaging In Future Conduct. Upon termination or expiration of this Agreement and your satisfaction of the covenants set forth in Section 18, you agree that you will not, except with respect to a business franchised by us or our affiliates which is then open and operating pursuant to a later effective franchise agreement: (1) operate or do business under any name or in any manner that might tend to give the public the impression that you are connected in any way with us or our affiliates or have any right to use the System or the Marks; (2) make, use or avail yourself of any of the materials or Confidential Information furnished or disclosed by us or our affiliates under this Agreement or disclose or reveal any such materials or Confidential Information or any portion of those materials or Confidential Information to anyone else; or (3) assist anyone not licensed by us or our affiliates to construct or equip a business substantially similar to a Pump It Up Business.
• D. Continuing Obligations. All of our and your (and your owners') obligations which expressly or by their nature survive this Agreement's expiration or termination will continue in full force and effect subsequent to and notwithstanding the expiration or termination and until the obligations are satisfied in full or by their nature expire.
• E. No Exclusive Remedy. No right or remedy conferred upon or reserved by us in this Section 20 is exclusive of any other right or remedy provided or permitted by law or equity.

20. OBLIGATIONS UPON TERMINATION OR EXPIRATION

A. Your Obligations upon termination or expiration of this Agreement.

• (1) The limited exclusive rights granted to you in the Protected Area immediately will terminate, and we will have the right to operate, or license others to operate, Pump It Up Businesses anywhere in the Protected Area;

• (2) You and your owners must continue to abide by the covenants in Section 18;

• (3) Within 15 days, you must pay to us and our affiliates all sums due and owing to us and our affiliates;

• (4) You must immediately discontinue all use of the Marks in any manner, including in connection with the Franchised Business; remove the Marks from the Franchised Business, the inflatables and from clothing, signs, materials, motor vehicles and any other items owned or used by you in the operation of the Franchised Business; cancel all advertising for the Franchised Business that contains the Marks; and take such action as may be necessary to cancel any filings or registrations for the Franchised Business that contain any Mark, including any iteration of or reference to the Marks.

You must comply with this Section 20.A. before any items previously bearing the Marks are offered for sale or auction by you or your lenders or lienholders, and you may not sell any items bearing the Marks;

• (5) You must immediately cease using any of our Confidential Information (including the POpS System or similar technology and digital passwords and identifications that we have licensed or loaned to you or that otherwise are proprietary to us or the System), your client list, your telephone numbers, your email addresses, your social media pages, all copies of the Manuals, and any other confidential materials that we have loaned you;

• (6) Within 30 days, you must deliver to us all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any Mark, or otherwise identifying or relating to a Pump It Up Business that we request, and allow us, if we so choose and without liability to you or third parties for trespass or any other claim, to enter the Premises and remove these items from Franchised Business;

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