Common use of Exclusive Relationship Clause in Contracts

Exclusive Relationship. 20.1 Franchisee acknowledges and agrees that Franchisor would be unable to (a) protect the Confidential Information against unauthorized use or disclosure; (b) preserve the prestige, integrity, and goodwill of the Products, Marks, and System; or (c) encourage the free exchange of ideas and information among Krispy Kreme Stores and Commissary Facilities if franchisees and owners of Krispy Kreme Stores and Commissary Facilities or their owners were permitted to engage in or benefit from certain competitive activities. Franchisee also acknowledges that Franchisor has granted the franchise rights to Franchisee in consideration of and reliance on Franchisee’s agreement that Franchisee and its Owners will deal exclusively with Franchisor. Therefore, except as expressly authorized by this Agreement or another written agreement with Franchisor, Franchisee agrees that during the term of this Agreement, without Franchisor’s prior written consent, neither Franchisee, nor any other Restricted Person will: (i) have any Ownership Interest in a Competitive Business; (ii) perform services as a director, officer, manager, partner, or supervisory or management-level employee, of any Competitive Business; (iii) perform services as an employee, consultant, representative, agent or otherwise for a Competitive Business, where such services (A) are substantially similar to those provided to Franchisor or Franchisor Affiliates by Franchisee or the respective Restricted Person; or (B) create a relationship between Franchisee or the Restricted Person and such Competitive Business in which Franchisee or the Restricted Person could be reasonably expected to benefit, either directly or indirectly, whether financially or otherwise, from the disclosure of any material Confidential Information to such Competitive Business; (iv) recruit or hire any Person who is Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility, or who has been Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility within the past six (6) months without obtaining prior written permission from Franchisor and that Person’s employer. If Franchisor permits Franchisee to hire any such Person, then Xxxxxxxxxx agrees to pay Franchisor a non-refundable Management Development Fee in the amount of Twenty-Five Thousand Dollars ($25,000) per hired employee as of the date of hire; or (v) induce or attempt to induce any Person who is Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility to discontinue working for Franchisor or such Krispy Kreme Store or Commissary Facility as the case may be. 20.2 At all times during the Term, Franchisee will designate a Managing Director of its business pursuant to this Agreement who shall complete Franchisor’s mandatory training program to Franchisor’s satisfaction. The initial Managing Director is identified in the Basic Terms. The Managing Director will use his or her full-time efforts to fulfill Franchisee’s obligations under this Agreement and under other Franchise Agreements and any Commissary Facility Agreements, and will not directly or indirectly engage in any other business or activity that requires any significant management responsibility or time commitments, or that otherwise conflicts with Franchisee’s obligations under this Agreement. If the Managing Director is terminated in that role, or if the Managing Director does not carry out his or her responsibilities or otherwise perform in accordance with this Agreement, Franchisee will promptly designate a replacement, and each such replacement shall complete Franchisor’s mandatory training program to Franchisor’s satisfaction.

Exclusive Relationship. 20.1 Master Franchisee acknowledges and agrees that Franchisor would be unable to (a) protect the Confidential Information against unauthorized use or disclosure; (b) preserve the prestige, integrity, disclosure and goodwill of the Products, Marks, and System; or (c) would be unable to encourage the a free exchange of ideas and information among Krispy Kreme Stores and Commissary Facilities owners of the PLANET BEACH® business if master franchisees, franchisees and owners of Krispy Kreme Stores and Commissary Facilities or their owners management personnel were permitted to engage in, have Ownership Interests in or benefit from certain competitive activitiesperform services for Competitive Businesses. Master Franchisee also further acknowledges that the restrictions contained in this Section will not hinder its activities or those of the Restricted Persons under this Agreement or otherwise. Franchisor has granted entered into this Agreement with Master Franchisee on the franchise rights express condition that with respect to Franchisee the development and operation of PLANET BEACH® businesses and other businesses engaged in consideration the production and sale of and reliance on Franchisee’s agreement that the Products, Master Franchisee and its Owners the Restricted Persons will deal exclusively with Franchisor. Therefore, except as expressly authorized by this Agreement or another written agreement with Franchisor, Master Franchisee therefore agrees that during the term of this Agreement, without Master Franchisee and Restricted Persons shall not directly or indirectly engage in any Competitive Business in a territory where it would compete with one or more of the PLANET BEACH® business activities or with Franchisor and Master Franchisee shall procure that all such Restricted Persons as specified by Franchisor enter into a Non Disclosure Agreement in the appropriate form as set out in Exhibit F and Master Franchisee shall take such steps at its own expense as Franchisor may require in order to enforce the said Non Disclosure Agreement and/or restrain any breach of its terms. Notwithstanding the above, Master Franchisee will be allowed to obtain Products from other PLANET BEACH® businesses where such Products conform with the Franchisor’s prior written consentthen current standards for such Products. For the purposes of this Section, neither Franchiseethe phrase “directly or indirectly engage in any Competitive Business” shall include, nor any other Restricted Person will: without limitation: (ia) have any Ownership Interest the ownership of a direct or indirect interest in a Competitive Business; , if such Ownership Interest confers upon Master Franchisee or a Restricted Person the power to influence the economic conduct of such Competitive Business; and (iib) perform the performance of services as a director, officer, manager, partner, or supervisory or management-level employee, of any Competitive Business; (iii) perform services as an employee, consultant, representative, agent or otherwise for a any Competitive Business, where such services (A) are substantially similar to those provided to Franchisor or Franchisor Affiliates by Franchisee or the respective Restricted Person; or (B) create a relationship between Franchisee or the Restricted Person and such Competitive Business in which Franchisee or the Restricted Person could be reasonably expected to benefit, either directly or indirectly, whether financially or otherwise, from the disclosure of any material Confidential Information to such Competitive Business; (iv) recruit or hire any Person who is Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility, or who has been Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility within the past six (6) months without obtaining prior written permission from Franchisor and that Person’s employer. If Franchisor permits Franchisee to hire any such Person, then Xxxxxxxxxx agrees to pay Franchisor a non-refundable Management Development Fee in the amount of Twenty-Five Thousand Dollars ($25,000) per hired employee as of the date of hire; or (v) induce or attempt to induce any Person who is Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility to discontinue working for Franchisor or such Krispy Kreme Store or Commissary Facility as the case may be. 20.2 At all times during the Term, Franchisee will designate a Managing Director of its business pursuant to this Agreement who shall complete Franchisor’s mandatory training program to Franchisor’s satisfaction. The initial Managing Director is identified in the Basic Terms. The Managing Director will use his or her full-time efforts to fulfill Franchisee’s obligations under this Agreement and under other Franchise Agreements and any Commissary Facility Agreements, and will not directly or indirectly engage in any other business or activity that requires any significant management responsibility or time commitments, or that otherwise conflicts with Franchisee’s obligations under this Agreement. If the Managing Director is terminated in that role, or if the Managing Director does not carry out his or her responsibilities or otherwise perform in accordance with this Agreement, Franchisee will promptly designate a replacement, and each such replacement shall complete Franchisor’s mandatory training program to Franchisor’s satisfaction.

Exclusive Relationship. 20.1 Master Franchisee acknowledges and agrees that Franchisor would be unable to (a) protect the Confidential Information against unauthorized use or disclosure; (b) preserve the prestige, integrity, disclosure and goodwill of the Products, Marks, and System; or (c) would be unable to encourage the a free exchange of ideas and information among Krispy Kreme Stores and Commissary Facilities if franchisees and owners of Krispy Kreme Stores Restaurants if its master franchisees, Franchisees and Commissary Facilities or their owners Owners and management personnel were permitted to engage hold Ownership Interests in or benefit from certain competitive perform services for Competitive Businesses. Master Franchisee further acknowledges and agrees that restrictions on the right of Master Franchisee and the Restricted Persons to hold Ownership Interests in or perform services for Competitive Business are legitimate and reasonable means of protecting the Confidential Information and Franchisor’s and its Affiliates’ interests in the Marks and its contractual relationships, and that such restrictions will not unduly or unreasonably hinder Master Franchisee’s or their activities, whether under this Agreement or otherwise, or cause undue hardship. Franchisee also acknowledges that Franchisor has granted entered into this Agreement with Master Franchisee on the franchise rights express condition that with respect to Franchisee in consideration of and reliance on Franchisee’s agreement that Competitive Businesses, Master Franchisee and its Owners the Restricted Persons will deal exclusively with Franchisor. Therefore, except as expressly authorized by this Agreement or another written agreement with Franchisor, Master Franchisee therefore agrees that during the term of this AgreementAgreement Term, without Franchisor’s prior written consent, neither Franchisee, nor any other Master Franchisee and the Restricted Person will: Persons will not: (ia) have any direct or indirect (through a Restricted Person or otherwise) Ownership Interest in a any Competitive Business; Business in the Territory or elsewhere; (iib) perform services as a director, officer, manager, partner, or supervisory or management-level employee, of any Competitive Business; (iii) perform services as an employee, consultant, representative, agent agent, landlord, or otherwise for any Competitive Business; (c) interfere with or otherwise attempt to influence any vendor, consultant or agent with whom Franchisor conducts business or any relationships Franchisor has with such Persons; (d) divert or attempt to divert prospective Franchisees or customers of Restaurants to a Competitive Business, where such services (A) are substantially similar to those provided to Franchisor or Franchisor Affiliates by Franchisee or the respective Restricted Person; or (Be) create a relationship between Franchisee or the Restricted Person and such Competitive Business in which Franchisee or the Restricted Person could be reasonably expected to benefit, either directly or indirectly, whether financially indirectly employ or otherwise, from the disclosure of any material Confidential Information seek to such Competitive Business; (iv) recruit or hire employ any Person who is employed by Franchisor’s employee , its Affiliates or by any of its other master franchisees, area developers or franchisees, nor induce any such Person to leave said employment without the employee of any Krispy Kreme Store or Commissary Facility, or who has been Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility within the past six (6) months without obtaining prior written permission from Franchisor and that consent of such Person’s employer. If Franchisor permits Franchisee to hire any such Person, then Xxxxxxxxxx agrees to pay Franchisor a non-refundable Management Muscle Maker Development Fee in the amount of Twenty-Five Thousand Dollars ($25,000) per hired employee as of the date of hire; or (v) induce or attempt to induce any Person who is Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility to discontinue working for Franchisor or such Krispy Kreme Store or Commissary Facility as the case may be. 20.2 At all times during the Term, Franchisee will designate a Managing Director of its business pursuant to this International LLCMaster Franchise Agreement who shall complete Franchisor’s mandatory training program to Franchisor’s satisfaction. The initial Managing Director is identified in the Basic Terms. The Managing Director will use his or her full-time efforts to fulfill Franchisee’s obligations under this Agreement and under other Franchise Agreements and any Commissary Facility Agreements, and will not directly or indirectly engage in any other business or activity that requires any significant management responsibility or time commitments, or that otherwise conflicts with Franchisee’s obligations under this Agreement. If the Managing Director is terminated in that role, or if the Managing Director does not carry out his or her responsibilities or otherwise perform in accordance with this Agreement, Franchisee will promptly designate a replacement, and each such replacement shall complete Franchisor’s mandatory training program to Franchisor’s satisfaction.– Saudi Arabia1419.001.308072.5

Exclusive Relationship. 20.1 Franchisee acknowledges and agrees that Franchisor Pretzel Time would be unable to (a) protect the Confidential Information against unauthorized use or disclosure; (b) preserve the prestige, integrity, disclosure and goodwill of the Products, Marks, and System; or (c) would be unable to encourage the a free exchange of ideas and information among Krispy Kreme Stores and Commissary Facilities Pretzel Time Units if franchisees and owners Franchisees of Krispy Kreme Stores and Commissary Facilities or their owners Pretzel Time Units were permitted to engage hold interests in or benefit from certain competitive activities. perform services for a Competitive Business except as specified in Exhibit C. Franchisee also acknowledges that Franchisor Pretzel Time has granted the franchise rights Franchise to Franchisee in consideration of and reliance on upon Franchisee’s 's agreement that Franchisee and its Owners will to deal exclusively with FranchisorPretzel Time. Therefore, except as expressly authorized by this Agreement or another written agreement with Franchisor, Franchisee therefore agrees that during the term of the Franchise Agreement, or the period of time which Franchisee operates a Unit under this Agreement, without Franchisor’s prior written consentwhichever is shorter, neither Franchisee, Franchisee nor any other Restricted Person willAffiliate, immediate family member, or in the event Franchisee is a corporation any Owner thereof and member of his immediate family or in the event Franchise is a partnership any partner (general or limited) thereof and any member of his immediate family, shall: (i1) have Have any Ownership Interest in a Competitive Business; (ii) perform services direct or indirect interest as a an owner, investor, partner, director, officer, manager, partner, or supervisory or management-level employee, of any Competitive Business; (iii) perform services as an employee, consultant, representative, agent or otherwise for in any other capacity in any Competitive Business located or operating at the Site or within three (3) miles of any Pretzel Time Unit in operation or under development on the effective date of termination or expiration of this Agreement, except a Competitive Business, where such services (A) are substantially similar to those provided to Franchisor or Franchisor Affiliates Pretzel Time Unit operated by Franchisee or the respective Restricted Personunder Franchise Agreements with Pretzel Time; or (B) create a relationship between Franchisee or the Restricted Person and such Competitive Business in which Franchisee or the Restricted Person could be reasonably expected to benefit, either directly or indirectly, whether financially or otherwise, from the disclosure of any material Confidential Information to such Competitive Business;or (iv2) recruit Recruit or hire any Person who is Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facilitywho, or who has been Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility within the past immediately preceding six (6) months month period, was employed by Pretzel Time or any Pretzel Time Unit operated by Pretzel Time, its Affiliates or another franchisee or licensee of Pretzel Time, without obtaining the prior written permission from Franchisor and that Person’s employer. If Franchisor permits Franchisee to hire any such Person, then Xxxxxxxxxx agrees to pay Franchisor a non-refundable Management Development Fee in the amount of Twenty-Five Thousand Dollars ($25,000) per hired employee as of the date of hire; or (v) induce or attempt to induce any Person who is Franchisor’s employee or the employee of any Krispy Kreme Store or Commissary Facility to discontinue working for Franchisor Pretzel Time or such Krispy Kreme Store or Commissary Facility as franchisee. Notwithstanding the case may be. 20.2 At all times during the Termforegoing, Franchisee will designate shall not be prohibited from owning securities listed on a Managing Director stock exchange or traded on the over-the-counter market that represents two percent (2%) or less of its business pursuant to that class of securities. Covenants contained in this Agreement who Section shall complete Franchisor’s mandatory training program to Franchisor’s satisfaction. The initial Managing Director is identified in the Basic Terms. The Managing Director will use his or her full-time efforts to fulfill Franchisee’s obligations under this Agreement be construed as severable and under other Franchise Agreements and any Commissary Facility Agreementsindependent, and will shall be interpreted and applied consistent with the requirements of reasonableness. Any judicial reformation of these covenants consistent with this interpretation shall be enforceable as though contained herein and shall not directly or indirectly engage in affect any other business provisions or activity that requires any significant management responsibility or time commitments, or that otherwise conflicts with Franchisee’s obligations under terms of this Agreement. If This non-compete provision may not be enforceable under the Managing Director is terminated in that role, or if the Managing Director does not carry out his or her responsibilities or otherwise perform in accordance with this Agreement, Franchisee will promptly designate a replacement, and each such replacement shall complete Franchisor’s mandatory training program to Franchisor’s satisfactionlaws of your state.