Common use of Area Marketer's Inspections Clause in Contracts

Area Marketer's Inspections. The Marketer shall ascertain through field audits, reviews and inspections, that each Franchisee in the Territory has complied satisfactorily with all of the terms and conditions of the Franchise Agreement, specifications, standards, operating procedures, and the Franchisee Operations Manual, and shall promptly notify the Franchisee in writing, with a copy and evaluation report to the Franchisor, of any deficiencies; provided, however, the Marketer understands and acknowledges that its inspections and reports are advisory only and that the Franchisor shall have: (a) all of the rights to inspect and ascertain compliance of all Franchisees as if this Agreement were not in effect; (b) the sole right to send notices of default to the Franchisee; (c) the sole right to terminate a Franchise Agreement for failure to cure such defaults (if an opportunity to cure is granted); and (d) the sole right to take any legal action with respect to any default or any violation of a Franchise Agreement. If the Marketer believes that any Franchisee in the Territory has breached a Franchise Agreement with the Franchisor, the Marketer shall document in writing all facts related to the alleged breach and shall request in writing that the Franchisor investigate such alleged breach. If, as a result of the Franchisor's investigation, the Franchisor determines that there is a breach by the Franchisee of its Franchise Agreement with the Franchisor, the Franchisor shall, in its sole discretion, take such action as it deems appropriate.