BKAP will decide, in its sole and a

BKAP will decide, in its sole and absolute discretion, whether to test any Product in the BURGER KING® System. All Product testing in the BURGER KING® System will be on a non-exclusive basis, conducted pursuant to the terms of a written test agreement executed between Company and BKAP. BKAP has no obligation to explain to Company any decision not to further evaluate or test a Product or to reject Company as a manufacturer of any of the Products. Company agrees, however, that if BKAP elects not to test a Product for use in the BURGER KING® System, the parties will be released from, and have no further obligations under this Agreement as to the Product not being tested, except for those obligations that by the terms of this Agreement specifically survive the expiration or earlier termination of this Agreement. Company acknowledges that if the Product, in BKAP’s sole and absolute discretion, is tested for use in the BURGER KING® System, such Product may be produced by more than one supplier and that there is no guarantee that Company will become approved to supply any of the Products for testing in the BURGER KING® System.