Hugo sells his pharmacy, Prescriptions Plus, to Andrew. Their contract of sale contains a covenant whereby Hugo agrees not to operate a competing pharmacy within a $30$mile radius of Prescriptions Plus for five years after the sale. Two years later, Andrew sells Prescriptions Plus to Marvin. Within a month of the sale, Marvin learns that Hugo opened a new pharmacy within $25$ miles of Prescriptions Plus. Which of the following statements is true?

Only Andrew can enforce the noncompete provision against Hugo.

Marvin could enforce the noncompete against Hugo.

Marvin must sue Andrew to enforce the noncompete provision against Hugo.

The time prescribed in the noncompete provision ha$$ expired, and Marvin has no viable claims.