Common use of GUARANTY AND ASSUMPTION OF OBLIGATIONS Clause in Contracts

GUARANTY AND ASSUMPTION OF OBLIGATIONS. In consideration of, and as an inducement to, the execution of the above Franchise Agreement and any Addenda thereto (individually or collectively the "Agreement") by GLORXX XXXX'X XXXRMET COFFEES FRANCHISING CORP. ("FRANCHISOR"), each of the undersigned ("GUARANTORS") hereby personally and unconditionally (1) guarantees to the FRANCHISOR and its successors and assigns, for the term of the Agreement and thereafter as provided in the Agreement, that__________________________________________ ("FRANCHISEE") shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement and (2) agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives: 1. acceptance and notice of acceptance by the FRANCHISOR of the foregoing undertakings; 2. notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; 3. protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. any right he may have to require that an action be brought against the FRANCHISEE or any other person as a condition of liability; and 5. all rights to payments and claims for reimbursement or subrogation which any of the GUARANTORS may have against the FRANCHISEE arising as a result of the GUARANTORS' execution of and performance under this guaranty. 6. Each of the undersigned consents and agrees that: 7. his direct and immediate liability under this guaranty shall be joint and several; 8. he shall render any payment or performance required under the Agreement upon demand if the FRANCHISEE fails or refuses punctually to do so; 9. such liability shall not be contingent upon or conditioned upon pursuit by the FRANCHISOR of any remedies against the FRANCHISEE or any other person; and 10. such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or the 73 74 indulgence which the FRANCHISOR may from time to time grant to the FRANCHISEE or to any other person, including, without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing and irrevocable during the term of the Agreement. If the FRANCHISOR is required to enforce this Guaranty and Assumption of Obligations in any judicial or arbitration proceeding or appeal thereof, the GUARANTORS shall reimburse the FRANCHISOR for its costs and expenses, including but not limited to, reasonable accountants', attorneys', attorney assistants', arbitrators' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses, whether incurred prior to, in preparation for or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce this Guaranty and Assumption of Obligations.

GUARANTY AND ASSUMPTION OF OBLIGATIONS. In consideration ofTHIS GUARANTY AND ASSUMPTION OF OBLIGATIONS is given this [___] day of [____], and as an inducement to2021, the execution of the above Franchise Agreement and any Addenda thereto (individually or collectively the "Agreement") by GLORXX XXXX'X XXXRMET COFFEES FRANCHISING CORP. ("FRANCHISOR"), each of the undersigned ("GUARANTORS") hereby personally and unconditionally (1) guarantees to the FRANCHISOR and its successors and assigns, for the term of the Agreement and thereafter as provided in the Agreement, that[__________________________________________ ]. In consideration of, and as an inducement to, the execution of that certain Master Franchise Agreement ("FRANCHISEE"the “Agreement”) shall on this date by MUSCLE MAKER DEVELOPMENT INTERNATIONAL LLC (“Franchisor”), each of the undersigned personally and unconditionally (a) guarantees to Franchisor and its successors and assigns, for the term of the Agreement and afterward as provided in the Agreement, that [ENTITY] (“Master Franchisee”) will punctually pay and perform each and every undertaking, agreement agreement, and covenant set forth in the Agreement and (2b) agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement, both monetary obligations and obligations to take or refrain from taking specific actions or to engage or refrain from engaging in specific activities, including the non-competition, confidentiality, and transfer requirements. Each of the undersigned waives: consents and agrees that: (1) his or her direct and immediate liability under this Guaranty will be joint and several, both with Master Franchisee and among other guarantors; (2) he or she will render any payment or performance required under the Agreement upon demand if Master Franchisee fails or refuses punctually to do so; (3) this liability will not be contingent or conditioned upon Franchisor’s pursuit of any remedies against Master Franchisee or any other person; and (4) this liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence which Franchisor may from time to time grant to Master Franchisee or to any other person, including, without limitation, the acceptance of any partial payment or performance or the compromise or release of any claims, none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during the term of the Agreement. Each of the undersigned agrees that, for so long as Franchisor has an ongoing contractual relationship with Franchisor and until all obligations owed to Franchisor by Master Franchisee have been fully satisfied, the undersigned will refrain from asserting any claims for reimbursement or subrogation against Master Franchisee arising as a result of the undersigned’s execution of and performance under this Guaranty. Each of the undersigned waive acceptance and notice of acceptance by the FRANCHISOR Franchisor of the foregoing undertakings; 2. his or her undertakings under this Guaranty, notice of demand for payment of any indebtedness or nonperformance non-performance of any obligations hereby guaranteed; 3. , protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. any right he may have to require that an action be brought against the FRANCHISEE or , and any other person as a condition of liability; and 5notices to which he or she may be entitled. all rights to payments and claims for reimbursement or subrogation which any The provisions contained in Section 16 of the GUARANTORS may have against the FRANCHISEE arising as a result of the GUARANTORS' execution of and performance under this guaranty. 6. Each of the undersigned consents and agrees that: 7. his direct and immediate liability under this guaranty shall be joint and several; 8. he shall render any payment or performance required under the Agreement upon demand if the FRANCHISEE fails or refuses punctually to do so; 9. such liability shall not be contingent upon or conditioned upon pursuit by the FRANCHISOR of any remedies against the FRANCHISEE or any other person; and 10. such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or the 73 74 indulgence which the FRANCHISOR may from time to time grant to the FRANCHISEE or to any other personAgreement, including, without limitation, those provisions of Section 16.5 (Waiver of Punitive Damages and Jury Trial) and Section 16.8 (Governing Law; Consent to Venue and Jurisdiction), and Section 16.9 (Arbitration) are incorporated into this Guaranty by reference and shall govern this Guaranty and any disputes between the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing undersigned and irrevocable during the term of the AgreementFranchisor. If the FRANCHISOR Franchisor is required to enforce engage legal counsel in connection with any failure by the undersigned to comply with this Guaranty and Assumption of Obligations in any judicial or arbitration proceeding or appeal thereofGuaranty, the GUARANTORS undersigned shall reimburse Franchisor any of the FRANCHISOR for its above-listed costs and expenses, including but not limited to, reasonable accountants', attorneys', attorney assistants', arbitrators' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses, whether incurred prior to, in preparation for or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce this Guaranty and Assumption of Obligations.Franchisor incurs. Muscle Maker Development International LLCMaster Franchise Agreement – Saudi Arabia1419.001.308072.5

GUARANTY AND ASSUMPTION OF OBLIGATIONS. THIS GUARANTY AND ASSUMPTION OF OBLIGATIONS is given this day of , 200 , by . In consideration of, and as an inducement to, the execution of the above that certain Franchise Agreement and any Addenda thereto (individually or collectively the "“Agreement"”) on this date by GLORXX XXXX'X XXXRMET COFFEES FRANCHISING CORP. Hyatt Franchising, L.L.C. ("FRANCHISOR"“Hyatt”), each of the undersigned ("GUARANTORS") hereby personally and unconditionally unconditionally (1a) guarantees to the FRANCHISOR Hyatt and its successors and assigns, for the term of the Agreement (including extensions) and thereafter afterward as provided in the Agreement, that__________________________________________ that ("FRANCHISEE"“Franchisee”) shall will punctually pay and perform each and every undertaking, agreement agreement, and covenant set forth in the Agreement (including any amendments or modifications of the Agreement) and (2b) agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement (including, without limitation, any amendments or modifications of the Agreement), both monetary obligations and obligations to take or refrain from taking specific actions or to engage or refrain from engaging in specific activities, including the confidentiality, transfer, and arbitration requirements. Each of the undersigned acknowledges that he, she or it is either an owner (whether direct or indirect) of Franchisee or otherwise has a direct or indirect relationship with Franchisee or its affiliates,, that he, she or it will benefit significantly from Hyatt’s entering into the Agreement with Franchisee, and that Hyatt will not enter into the Agreement unless the each of the undersigned agrees to sign and comply with the terms of this Guaranty. Each of the undersigned consents and agrees that: (1) his, her or its direct and immediate liability under this Guaranty will be joint and several, both with Franchisee and among other guarantors; (2) he, she or it will render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so; (3) this liability will not be contingent or conditioned upon Hyatt’s pursuit of any remedies against Franchisee or any other person; (4) this liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence that Hyatt may from time to time grant to Franchisee or any other person, including, without limitation, the acceptance of any partial payment or performance or the compromise or release of any claims (including the release of other guarantors), none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during and after the term of the Agreement (including extensions) for so long as any performance is or might be owed under the Agreement by Franchisee or any of its guarantors and for so long as Hyatt has any cause of action against Franchisee or any of its guarantors; and (5) this Guaranty will continue in full force and effect for (and as to) any extension or modification of the Agreement and despite the transfer of any direct or indirect interest in the Agreement or Franchisee, and each of the undersigned waives notice of any and all renewals, extensions, modifications, amendments, or transfers. Each of the undersigned waives: 1. : (i) all rights to payments and claims for reimbursement or subrogation that any of the undersigned may have against Franchisee arising as a result of the undersigned’s execution of and performance under this Guaranty; and (ii) acceptance and notice of acceptance by the FRANCHISOR Hyatt of the foregoing undertakings; 2. his, her or its undertakings under this Guaranty, notice of demand for payment of any indebtedness or nonperformance non-performance of any obligations hereby guaranteed; 3. , protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. any right he may have to require that an action be brought against the FRANCHISEE or , and any other person as a condition of liability; and 5notices to which he, she or it may be entitled. all rights to payments and claims for reimbursement or subrogation which any of The undersigned expressly acknowledge that the GUARANTORS may have against obligations hereunder survive the FRANCHISEE arising as a result of the GUARANTORS' execution of and performance under this guaranty. 6. Each of the undersigned consents and agrees that: 7. his direct and immediate liability under this guaranty shall be joint and several; 8. he shall render any payment or performance required under the Agreement upon demand if the FRANCHISEE fails or refuses punctually to do so; 9. such liability shall not be contingent upon or conditioned upon pursuit by the FRANCHISOR of any remedies against the FRANCHISEE or any other person; and 10. such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or the 73 74 indulgence which the FRANCHISOR may from time to time grant to the FRANCHISEE or to any other person, including, without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing and irrevocable during the term termination of the Agreement. If the FRANCHISOR Hyatt is required to enforce this Guaranty and Assumption of Obligations in any a judicial or arbitration proceeding or appeal thereofand prevails in such proceeding, the GUARANTORS Hyatt shall reimburse the FRANCHISOR for its be entitled to reimbursement of Hyatt’s costs and expenses, including including, but not limited to, reasonable accountants'’, attorneys'’, attorney attorneys’ assistants'’, arbitrators' ’, and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses expenses, and travel and living expenses, whether incurred prior to, in preparation for for, or in contemplation of the filing of any written demandsuch proceeding. If Hyatt is required to engage legal counsel in connection with any failure by the undersigned to comply with this Guaranty, claim, action, hearing the undersigned shall reimburse Hyatt for any of the above-listed costs and expenses Hyatt incurs even if Hyatt does not commence a judicial or proceeding to enforce this Guaranty and Assumption of Obligationsarbitration proceeding.

GUARANTY AND ASSUMPTION OF OBLIGATIONS. THIS GUARANTY AND ASSUMPTION OF OBLIGATIONS is given this day of , , 20 , by . In consideration of, and as an inducement to, the execution of the above that certain Franchise Agreement and any Addenda thereto (individually the “Agreement”) on this date by HYATT PLACE FRANCHISING, L.L.C. (“us,” “we,” or collectively the "Agreement") by GLORXX XXXX'X XXXRMET COFFEES FRANCHISING CORP. ("FRANCHISOR"“our”), each of the undersigned ("GUARANTORS") hereby personally and unconditionally unconditionally (1a) guarantees to the FRANCHISOR us and its our successors and assigns, for the term of the Agreement (including extensions) and thereafter afterward as provided in the Agreement, that__________________________________________ that ("FRANCHISEE"“Franchisee”) shall will punctually pay and perform each and every undertaking, agreement agreement, and covenant set forth in the Agreement (including any amendments or modifications of the Agreement) and (2b) agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement (including, without limitation, any amendments or modifications of the Agreement), both monetary obligations and obligations to take or refrain from taking specific actions or to engage or refrain from engaging in specific activities, including the confidentiality, transfer, and arbitration requirements. Each of the undersigned consents and agrees that: (1) his or her direct and immediate liability under this Guaranty will be joint and several, both with Franchisee and among other guarantors; (2) he or she will render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so; (3) this liability will not be contingent or conditioned upon our pursuit of any remedies against Franchisee or any other person; (4) this liability will not be diminished, relieved, or otherwise affected by any extension of time, credit, or other indulgence that we may from time to time grant to Franchisee or any other person, including, without limitation, the acceptance of any partial payment or performance or the compromise or release of any claims (including the release of other guarantors), none of which will in any way modify or amend this Guaranty, which will be continuing and irrevocable during and after the term of the Agreement (including extensions) for so long as any performance is or might be owed under the Agreement by Franchisee or its owners and for so long as we have any cause of action against Franchisee or its owners; and (5) this Guaranty will continue in full force and effect for (and as to) any extension or modification of the Agreement and despite the transfer of any interest in the Agreement or Franchisee, and each of the undersigned waives notice of any and all renewals, extensions, modifications, amendments, or transfers. Each of the undersigned waives: 1. : (i) all rights to payments and claims for reimbursement or subrogation that any of the undersigned may have against Franchisee arising as a result of the undersigned’s execution of and performance under this Guaranty; and (ii) acceptance and notice of acceptance by the FRANCHISOR us of the foregoing undertakings; 2. his or her undertakings under this Guaranty, notice of demand for payment of any indebtedness or nonperformance non-performance of any obligations hereby guaranteed; 3. , protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. any right he may have to require that an action be brought against the FRANCHISEE or , and any other person as a condition of liability; and 5notices to which he or she may be entitled. all rights to payments and claims for reimbursement or subrogation which any of The undersigned expressly acknowledge that the GUARANTORS may have against obligations hereunder survive the FRANCHISEE arising as a result of the GUARANTORS' execution of and performance under this guaranty. 6. Each of the undersigned consents and agrees that: 7. his direct and immediate liability under this guaranty shall be joint and several; 8. he shall render any payment or performance required under the Agreement upon demand if the FRANCHISEE fails or refuses punctually to do so; 9. such liability shall not be contingent upon or conditioned upon pursuit by the FRANCHISOR of any remedies against the FRANCHISEE or any other person; and 10. such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or the 73 74 indulgence which the FRANCHISOR may from time to time grant to the FRANCHISEE or to any other person, including, without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing and irrevocable during the term termination of the Agreement. If the FRANCHISOR is we are required to enforce this Guaranty and Assumption of Obligations in any a judicial or arbitration proceeding or appeal thereofand prevail in such proceeding, the GUARANTORS we shall reimburse the FRANCHISOR for its be entitled to reimbursement of our costs and expenses, including including, but not limited to, reasonable accountants'’, attorneys'’, attorney attorneys’ assistants'’, arbitrators' ’, and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses expenses, and travel and living expenses, whether incurred prior to, in preparation for for, or in contemplation of the filing of any written demandsuch proceeding. If we are required to engage legal counsel in connection with any failure by the undersigned to comply with this Guaranty, claim, action, hearing the undersigned shall reimburse us for any of the above-listed costs and expenses we incur even if we do not commence ajudicial or proceeding to enforce this Guaranty and Assumption of Obligationsarbitration proceeding.

GUARANTY AND ASSUMPTION OF OBLIGATIONS. In consideration of, and as an inducement to, the execution of the above Franchise Agreement and any Addenda thereto (individually or collectively the "Agreement") by GLORXX XXXX'X XXXRMET COFFEES FRANCHISING CORP. Coffee People, Inc. ("FRANCHISORFranchisor"), each of the undersigned ("GUARANTORSGuarantors") hereby personally and unconditionally (1) guarantees to the FRANCHISOR us and its successors and assigns, for the term of the Agreement and thereafter as provided in the Agreement, thatthat __________________________________________ ("FRANCHISEEFranchisee") shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement and (2) agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives: 1. acceptance and notice of acceptance by the FRANCHISOR us of the foregoing undertakings; 2. notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; 3. protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. any right he may have to require that an action be brought against the FRANCHISEE you or any other person as a condition of liability; and 5. all rights to payments and claims for reimbursement or subrogation which any of the GUARANTORS Guarantors may have against the FRANCHISEE you arising as a result of the GUARANTORSGuarantors' execution of and performance under this guaranty. 6. Each of the undersigned consents and agrees that: 7. his direct and immediate liability under this guaranty shall be joint and several; 8. he shall render any payment or performance required under the Agreement upon demand if the FRANCHISEE you fails or refuses punctually to do so; 9. such liability shall not be contingent upon or conditioned upon pursuit by the FRANCHISOR us of any remedies against the FRANCHISEE you or any other person; and 10. such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or the 73 74 indulgence 99 which the FRANCHISOR We may from time to time grant to the FRANCHISEE you or to any other person, including, without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing and irrevocable during the term of the Agreement. If the FRANCHISOR Franchisor is required to enforce this Guaranty and Assumption of Obligations in any judicial or arbitration proceeding or appeal thereof, the GUARANTORS Guarantors shall reimburse the FRANCHISOR Franchisor for its costs and expenses, including but not limited to, reasonable accountants', attorneys', attorney assistants', arbitrators' and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses, whether incurred prior to, in preparation for or in contemplation of the filing of any written demand, claim, action, hearing or proceeding to enforce this Guaranty and Assumption of Obligations.