Common use of Co-Branding Clause in Contracts

Co-Branding. To protect the Fiesta Proprietary Marks, the Copyrights, the Fiesta System and the goodwill associated with the same, Franchisee shall not engage in any co‐branding at or in connection with the Franchised Business except with Franchisor’s prior written consent. Franchisor shall not be required to approve any co‐branding chain or arrangement except in Franchisor’s discretion, and only if Franchisor has recognized that co‐branding chain as an approved co‐brand for operation within the Fiesta System. “Co‐ Branding” includes the operation of an independent business, product line or operating system owned or licensed by another entity (not Franchisor) that is featured or incorporated within the Franchised Business or is adjacent to the Franchised Business and operated in a manner which is likely to cause the public to perceive it to be related to the Franchised Business licensed and franchised under this Agreement.

Co-Branding. To protect the Fiesta Proprietary Marks, the Copyrights, the Fiesta System and the goodwill associated with the same, Franchisee shall may not engage in any co‐branding at co-branding in or in connection with the Franchised Business Licensed Restaurant except with Franchisor’s prior written consent. Franchisor shall not be required to approve any co‐branding co-branding chain or arrangement except in Franchisor’s its discretion, and only if Franchisor has recognized that co‐branding co-branding chain as an approved co‐brand co-brand for operation within the Fiesta SystemRestaurants. “Co‐ BrandingCo-branding” includes the operation of an independent business, product line or operating system owned or licensed by another entity (not Franchisor) that is featured or incorporated within the Franchised Business Franchisee’s Premises or is adjacent to the Franchised Business Franchisee’s Premises and operated in a manner which is likely to cause the public to perceive it to be related to the Franchised Business Restaurant licensed and franchised under this Agreementhereunder. An example would be an independent ice cream store or counter installed within Franchisee’s Premises.