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Abdul signed a franchise agreement with franchisor Sierra Chocolate to operate a Sierra Chocolate franchise location in California.  In the franchise agreement, there were several provisions that restricted business operations, including provisions that Abdul purchase all candy products from Sierra Chocolate and that Abdul not carry other food products and that Abdul would not own or operate any other food business within five mile of the franchise location .  The franchise agreement had another provision that required Abdul to represent and warrant that he did not own an interest in any other food business that would violate the restriction.  The franchise agreement also contained a termination provision that allowed Sierra to terminate the agreement if Abdul breached any promise in the agreement or if Abdul made any material misrepresentation in connection with the acquisition of the franchise.

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