Period to Cure. Except as provided in Subsections 14.01 and 14.02, Licensee shall have 30 days after receipt from SONIC of a written notice of breach of this Agreement or such notice period as is required by the law of the state where the Sonic Restaurant is located, within which to remedy any breach hereunder. However, this period to cure will not be available to Licensee, and SONIC will not be required to delay termination of this Agreement, where the breach involved is one which Licensee cannot cure within the prescribed cure period or is one which is impossible to cure. SONIC shall have the right to terminate this Agreement and the License upon written notice to the Licensee and without any opportunity to cure after three willful and material breaches of the same provision of this Agreement within any 12-month period for which the Licensee has received written notice and an opportunity to cure. If any such breach is not cured within that time, SONIC may, at its option, terminate this Agreement and all rights granted hereunder effective immediately on the date of receipt by Licensee of written notice of termination. Licensee shall be in breach hereunder for any failure to comply with any of the terms of this Agreement or to carry out the terms of this Agreement in good faith. Such breach shall include, but shall not be limited to, the occurrence of any of the following illustrative events: (a) If the Licensee fails to pay any past due amounts owed to SONIC after SONIC has mailed the Licensee two or more statements at least 20 days apart. (b) If Licensee fails to promptly pay, or repeatedly delays the prompt payment of undisputed invoices from his suppliers or in the remittance of rent and property tax as required in Licensee’s lease. (c) If Licensee fails to maintain and operate the Sonic Restaurant in a good, clean, and wholesome manner or otherwise is not in compliance with the standards prescribed by the Sonic System. (d) If Licensee attempts to assign or transfer any interest in this Agreement in violation of Section 13 herein. (e) If Licensee denies SONIC the right to inspect the Sonic Restaurant at reasonable times, which includes the right to photograph the interior and exterior of the Sonic Restaurant in its entirety. (f) If Licensee fails, refuses, or neglects to obtain SONIC’s prior written approval or consent as required by this Agreement. (g) If Licensee acquires any interest in another business in violation of Section 16. (h) If Licensee fails, refuses or neglects to provide SONIC with Licensee’s home address and home telephone number. (i) If Licensee breaches any other requirement set forth in this Agreement. (j) If Licensee, upon the destruction of the Sonic Restaurant, fails to rebuild the franchise premises and resume operation within a reasonable time (cessation of the business from a franchise premises shall not constitute default of this Agreement if caused by condemnation, expiration of a location lease pursuant to its terms at execution or when failure to rebuild following destruction of the franchised premises is prohibited by law or the location lease).
Appears in 2 contracts
Samples: License Agreement (Sonic Corp), License Agreement (Sonic Corp)
Period to Cure. Except as provided in Subsections 14.01 and 14.02, Licensee shall have 30 thirty (30) days after receipt from SONIC Licensor of a written notice of breach of this Agreement agreement or such notice period as is required by the law of the state where the Sonic Restaurant is located, within which to remedy any breach hereunder. However, this period to cure will not be available to Licensee, and SONIC Licensor will not be required to delay termination of this Agreementagreement, where the breach involved is one which Licensee cannot cure within the prescribed cure period or is one which is impossible to cure. SONIC The Licensor shall have the right to terminate this Agreement and the License upon written notice to the Licensee and without any opportunity to cure after three willful and material breaches of the same provision of this Agreement within any 12-month period for which the Licensee has received written notice and an opportunity to cure. If any such breach is not cured within that time, SONIC Licensor may, at its option, terminate this Agreement agreement and all rights granted hereunder effective immediately on the date of receipt by Licensee of written notice of termination. Licensee shall be in breach hereunder for any failure to comply with any of the terms of this Agreement agreement or to carry out the terms of this Agreement agreement in good faith. Such breach shall include, but shall not be limited to, the occurrence of any of the following illustrative events:
(a) If the Licensee fails to pay any past due amounts owed to SONIC the Licensor after SONIC the Licensor has mailed the Licensee two or more statements at least 20 days apart.
(b) If Licensee fails to promptly pay, or repeatedly delays the prompt payment of undisputed invoices from his suppliers or in the remittance of rent and property tax as required in Licensee’s 's lease.
(c) If Licensee fails to maintain and operate the Sonic Restaurant in a good, clean, and wholesome manner or otherwise is not in compliance with the standards prescribed by the Sonic System.
(d) If Licensee attempts to assign or transfer any interest in this Agreement agreement in violation of Section 13 herein.
(e) If Licensee denies SONIC Licensor the right to inspect the Sonic Restaurant at reasonable times, which includes the right to photograph the interior and exterior of the Sonic Restaurant in its entirety.
(f) If Licensee fails, refuses, or neglects to obtain SONIC’s Licensor's prior written approval or consent as required by this Agreementagreement.
(g) If Licensee acquires any interest in another business in violation of Section 16.
(h) If Licensee fails, refuses or neglects to provide SONIC Licensor with Licensee’s 's home address and home telephone number.
(i) If Licensee breaches any other requirement set forth in this Agreementagreement.
(j) If Licensee, upon the destruction of the Sonic Restaurant, fails to rebuild the franchise premises and resume operation within a reasonable time (cessation of the business from a franchise premises shall not constitute default of this Agreement agreement if caused by condemnation, expiration of a location lease pursuant to its terms at execution or when failure to rebuild following destruction of the franchised premises is prohibited by law or the location lease).
Appears in 1 contract
Samples: License Agreement (Sonic Corp)
Period to Cure. Except as provided in Subsections 14.01 and 14.02Section 14.01, Licensee shall have 30 days after receipt from SONIC Sonic of a written notice of breach of this Agreement or such notice period as is required by the law of the state where the Sonic Restaurant is located, within which to remedy any breach hereunder. However, this period to cure will not be available to Licensee, and SONIC Sonic will not be required to delay termination of this Agreement, where the breach involved is one which Licensee cannot cure within the prescribed cure period or is one which is impossible to cure. SONIC shall have the right to terminate this Agreement and the License upon written notice to the Licensee and without any opportunity to cure after three willful and material breaches of the same provision of this Agreement within any 12-month period for which the Licensee has received written notice and an opportunity to cure. If any such breach is not cured within that time, SONIC may, at its option, terminate this Agreement and all rights granted hereunder effective immediately on the date of receipt by Licensee of written notice of termination. Licensee shall be in breach hereunder for any failure to comply with any of the terms of this Agreement or to carry out the terms of this Agreement in good faithAgreement. Such breach shall include, but shall not be limited to, the occurrence of any of the following illustrative events:
(a) If the Licensee fails or Persons Controlling, Controlled by, or under common Control with Licensee fail to pay any past due amounts owed to SONIC after SONIC has mailed Sonic, whether for the Licensee two Sonic Restaurant or more statements at least 20 days apartotherwise.
(b) If Licensee fails to promptly pay, or repeatedly delays the prompt payment of of, undisputed invoices from his Licensee’s suppliers or in the remittance of rent and property tax as required in Licensee’s lease.
(c) If Licensee fails to maintain and operate the Sonic Restaurant in a good, clean, and wholesome manner or otherwise is not in compliance with the standards prescribed by the Sonic System. In such case, whether or not Sonic elects to terminate this Agreement, Sonic may immediately close the Sonic Restaurant unless and until the failure or noncompliance is cured.
(d) If Licensee attempts to assign or transfer any interest in this Agreement in violation of Section 13 herein.
(e) If Licensee denies SONIC Sonic the right to inspect the Sonic Restaurant at reasonable times, which includes the right to photograph the interior and exterior of the Sonic Restaurant in its entirety.
(f) If Licensee fails, refuses, or neglects to obtain SONIC’s prior written approval or consent as required by this Agreement.
(g) If Licensee acquires any interest in another business in violation of Section 16.
(h) If Licensee fails, refuses or neglects to provide SONIC with Licensee’s home address and home telephone number.
(i) If Licensee breaches any other requirement set forth in this Agreement.
(jg) If Licensee, upon the destruction of the Sonic Restaurant, fails to rebuild the franchise licensed premises and resume operation within a reasonable time (cessation of the business from a franchise licensed premises shall not constitute default of this Agreement if caused by condemnation, expiration of a location lease pursuant to its terms at execution execution, or when failure to rebuild following destruction of the franchised licensed premises is prohibited by law or the location lease).
(h) If Licensee’s conduct or the operation of the Sonic Restaurant by Licensee, in Sonic’s judgment, damages or threatens to damage the goodwill of the Sonic System or the Sonic brand. In such case, whether or not Sonic elects to terminate this Agreement, Sonic may immediately close the Sonic Restaurant unless and until the situation, in Sonic’s judgment, is satisfactorily resolved.
(i) If Licensee fails to correct any deficiency or unsatisfactory condition within the time period required by Section 6.05(b).
Appears in 1 contract
Samples: License Agreement (Sonic Corp)
Period to Cure. Except as provided in Subsections Sections 14.01 and 14.02, the Licensee shall have 30 days after receipt from SONIC the Licensor of a written notice of breach of this Agreement or such notice period as is required by the law of the state where the Non-Traditional Sonic Restaurant is located, within which to remedy any breach hereunderunder this Agreement. However, this period to cure will not be available to the Licensee, and SONIC the Licensor will not be required to delay termination of this Agreement, where the breach involved is one which the Licensee cannot cure within the prescribed cure period or is one which is impossible to cure. SONIC The Licensor shall have the right to terminate this Agreement and the License upon written notice to the Licensee and without any opportunity to cure after three willful and material breaches of the same provision of this Agreement within any 12-month period for which the Licensee has received written notice and an opportunity to cure. If any such breach is not cured within that time, SONIC the Licensor may, at its option, terminate this Agreement and all rights granted hereunder under this Agreement effective immediately on the date of receipt by the Licensee of written notice of termination. The Licensee shall be in breach hereunder under this Agreement for any failure to comply with any of the terms of this Agreement or to carry out the terms of this Agreement in good faith. Such breach shall include, but shall not be limited to, the occurrence of any of the following illustrative events:
(a) If the Licensee fails to pay any past due amounts owed to SONIC the Licensor after SONIC the Licensor has mailed the Licensee two or more statements at least 20 days apart.
(b) If the Licensee fails to promptly pay, or repeatedly delays the prompt payment of undisputed invoices from his suppliers or in the remittance of rent and property tax as required in the Licensee’s lease.
(c) If the Licensee fails to maintain and operate the Non-Traditional Sonic Restaurant in a good, clean, and wholesome manner or otherwise is not in compliance with the standards prescribed by the Sonic System.
(d) If the Licensee attempts to assign or transfer any interest in this Agreement agreement in violation of Section 13 hereinof this Agreement.
(e) If the Licensee denies SONIC the Licensor the right to inspect the Non-Traditional Sonic Restaurant at reasonable times, which includes the right to photograph the interior and exterior of the Non-Traditional Sonic Restaurant in its entirety.
(f) If the Licensee fails, refuses, or neglects to obtain SONICthe Licensor’s prior written approval or consent as required by this Agreement.
(g) If the Licensee acquires any interest in another business in violation of Section 1616 of this Agreement.
(h) If the Licensee fails, refuses or neglects to provide SONIC the Licensor with the Licensee’s home address and home telephone number.
(i) If the Licensee breaches any other requirement set forth in this Agreement.
(j) If the Licensee, upon the destruction of the Sonic RestaurantNon-Traditional Sonic, fails to rebuild the franchise franchised premises and resume operation within a reasonable time (cessation of the business from a franchise franchised premises shall not constitute default of this Agreement if caused by condemnation, expiration of a location lease pursuant to its terms at execution or when failure to rebuild following destruction of the franchised premises is prohibited by law or the location lease).
Appears in 1 contract
Period to Cure. Except as provided in Subsections 14.01 and 14.02Section 14.01, Licensee shall have 30 days after receipt from SONIC Sonic of a written notice of breach of this Agreement or such notice period as is required by the law of the state where the Sonic Restaurant is located, within which to remedy any breach hereunder. However, this period to cure will not be available to Licensee, and SONIC Sonic will not be required to delay termination of this Agreement, where the breach involved is one which Licensee cannot cure within the prescribed cure period or is one which is impossible to cure. SONIC shall have the right to terminate this Agreement and the License upon written notice to the Licensee and without any opportunity to cure after three willful and material breaches of the same provision of this Agreement within any 12-month period for which the Licensee has received written notice and an opportunity to cure. If any such breach is not cured within that time, SONIC may, at its option, terminate this Agreement and all rights granted hereunder effective immediately on the date of receipt by Licensee of written notice of termination. Licensee shall be in breach hereunder for any failure to comply with any of the terms of this Agreement or to carry out the terms of this Agreement in good faithAgreement. Such breach shall include, but shall not be limited to, the occurrence of any of the following illustrative events::
(a) If the Licensee fails or Persons Controlling, Controlled by, or under common Control with Licensee fail to pay any past due amounts owed to SONIC after SONIC has mailed Sonic, whether for the Licensee two Sonic Restaurant or more statements at least 20 days apart.otherwise.
(b) If Licensee fails to promptly pay, or repeatedly delays the prompt payment of of, undisputed invoices from his Licensee’s suppliers or in the remittance of rent and property tax as required in Licensee’s lease..
(c) If Licensee fails to maintain and operate the Sonic Restaurant in a good, clean, and wholesome manner or otherwise is not in compliance with the standards prescribed by the Sonic System.. In such case, whether or not Sonic elects to terminate this Agreement, Sonic may immediately close the Sonic Restaurant unless and until the failure or noncompliance is cured.
(d) If Licensee attempts to assign or transfer any interest in this Agreement in violation of Section 13 herein..
(e) If Licensee denies SONIC Sonic the right to inspect the Sonic Restaurant at reasonable times, which includes the right to photograph the interior and exterior of the Sonic Restaurant in its entirety..
(f) If Licensee fails, refuses, or neglects to obtain SONIC’s prior written approval or consent as required by this Agreement.
(g) If Licensee acquires any interest in another business in violation of Section 16.
(h) If Licensee fails, refuses or neglects to provide SONIC with Licensee’s home address and home telephone number.
(i) If Licensee breaches any other requirement set forth in this Agreement..
(jg) If Licensee, upon the destruction of the Sonic Restaurant, fails to rebuild the franchise licensed premises and resume operation within a reasonable time (cessation of the business from a franchise licensed premises shall not constitute default of this Agreement if caused by condemnation, expiration of a location lease pursuant to its terms at execution execution, or when failure to rebuild following destruction of the franchised licensed premises is prohibited by law or the location lease)..
(h) If Licensee’s conduct or the operation of the Sonic Restaurant by Licensee, in Sonic’s judgment, damages or threatens to damage the goodwill of the Sonic System or the Sonic brand. In such case, whether or not Sonic elects to terminate this Agreement, Sonic may immediately close the Sonic Restaurant unless and until the situation, in Sonic’s judgment, is satisfactorily resolved.
(i) If Licensee fails to correct any deficiency or unsatisfactory condition within the time period required by Section 6.05(b).
Appears in 1 contract
Samples: Franchise Agreement (Sonic Corp)
Period to Cure. Except as provided in Subsections 14.01 and 14.02, Licensee shall have 30 days after receipt from SONIC of a written notice of breach of this Agreement or such notice period as is required by the law of the state where the Sonic Restaurant is located, within which to remedy any breach hereunder. However, this period to cure will not be available to Licensee, and SONIC will not be required to delay termination of this Agreement, where the breach involved is one which Licensee cannot cure within the prescribed cure period or is one which is impossible to cure. SONIC shall have the right to terminate this Agreement and the License upon written notice to the Licensee and without any opportunity to cure after three willful and material breaches of the same provision of this Agreement within any 12-month period for which the Licensee has received written notice and an opportunity to cure. If any such breach is not cured within that time, SONIC may, at its option, terminate this Agreement and all rights granted hereunder effective immediately on the date of receipt by Licensee of written notice of termination. Licensee shall be in breach hereunder for any failure to comply with any of the terms of this Agreement or to carry out the terms of this Agreement in good faith. Such breach shall include, but shall not be limited to, the occurrence of any of the following illustrative events:
(a) If the Licensee fails to pay any past due amounts owed to SONIC after SONIC has mailed the Licensee two or more statements at least 20 days apart.
(b) If Licensee fails to promptly pay, or repeatedly delays the prompt payment of undisputed invoices from his suppliers or in the remittance of rent and property tax as required in Licensee’s 's lease.
(c) If Licensee fails to maintain and operate the Sonic Restaurant in a good, clean, and wholesome manner or otherwise is not in compliance with the standards prescribed by the Sonic System.
(d) If Licensee attempts to assign or transfer any interest in this Agreement in violation of Section 13 herein.
(e) If Licensee denies SONIC the right to inspect the Sonic Restaurant at reasonable times, which includes the right to photograph the interior and exterior of the Sonic Restaurant in its entirety.
(f) If Licensee fails, refuses, or neglects to obtain SONIC’s 's prior written approval or consent as required by this Agreement.
(g) If Licensee acquires any interest in another business in violation of Section 16.
(h) If Licensee fails, refuses or neglects to provide SONIC with Licensee’s 's home address and home telephone number.
(i) If Licensee breaches any other requirement set forth in this Agreement.
(j) If Licensee, upon the destruction of the Sonic Restaurant, fails to rebuild the franchise premises and resume operation within a reasonable time (cessation of the business from a franchise premises shall not constitute default of this Agreement if caused by condemnation, expiration of a location lease pursuant to its terms at execution or when failure to rebuild following destruction of the franchised premises is prohibited by law or the location lease).
Appears in 1 contract
Samples: License Agreement (Sonic Corp)
Period to Cure. Except as provided in Subsections 14.01 and 14.02Section 14.01, Licensee shall have 30 days after receipt from SONIC Sonic of a written notice of breach of this Agreement or such notice period as is required by the law of the state where the Non-Traditional Sonic Restaurant is located, within which to remedy any breach hereunder. However, this period to cure will not be available to Licensee, and SONIC Sonic will not be required to delay termination of this Agreement, where the breach involved is one which Licensee cannot cure within the prescribed cure period or is one which is impossible to cure. SONIC shall have the right to terminate this Agreement and the License upon written notice to the Licensee and without any opportunity to cure after three willful and material breaches of the same provision of this Agreement within any 12-month period for which the Licensee has received written notice and an opportunity to cure. If any such breach is not cured within that time, SONIC may, at its option, terminate this Agreement and all rights granted hereunder effective immediately on the date of receipt by Licensee of written notice of termination. Licensee shall be in breach hereunder for any failure to comply with any of the terms of this Agreement or to carry out the terms of this Agreement in good faithAgreement. Such breach shall include, but shall not be limited to, the occurrence of any of the following illustrative events:
(a) If the Licensee fails or Persons Controlling, Controlled by, or under common Control with Licensee fail to pay any past due amounts owed to SONIC after SONIC has mailed Sonic, whether for the Licensee two Non-Traditional Sonic or more statements at least 20 days apartotherwise.
(b) If Licensee fails to promptly pay, or repeatedly delays the prompt payment of of, undisputed invoices from his Licensee’s suppliers or in the remittance of rent and property tax as required in Licensee’s lease.
(c) If Licensee fails to maintain and operate the Non-Traditional Sonic Restaurant in a good, clean, and wholesome manner or otherwise is not in compliance with the standards prescribed by the Sonic System. In such case, whether or not Sonic elects to terminate this Agreement, Sonic may immediately close the Non-Traditional Sonic unless and until the failure or noncompliance is cured.
(d) If Licensee attempts to assign or transfer any interest in this Agreement in violation of Section 13 herein.
(e) If Licensee denies SONIC Sonic the right to inspect the Non-Traditional Sonic Restaurant at reasonable times, which includes the right to photograph the interior and exterior of the Non-Traditional Sonic Restaurant in its entirety.
(f) If Licensee fails, refuses, or neglects to obtain SONIC’s prior written approval or consent as required by this Agreement.
(g) If Licensee acquires any interest in another business in violation of Section 16.
(h) If Licensee fails, refuses or neglects to provide SONIC with Licensee’s home address and home telephone number.
(i) If Licensee breaches any other requirement set forth in this Agreement.
(jg) If Licensee, upon the destruction of the Sonic RestaurantNon-Traditional Sonic, fails to rebuild the franchise licensed premises and resume operation within a reasonable time (cessation of the business from a franchise licensed premises shall not constitute default of this Agreement if caused by condemnation, expiration of a location lease pursuant to its terms at execution execution, or when failure to rebuild following destruction of the franchised licensed premises is prohibited by law or the location lease).
(h) If Licensee’s conduct or the operation of the Non-Traditional Sonic by Licensee, in Sonic’s judgment, damages or threatens to damage the goodwill of the Sonic System or the Sonic brand. In such case, whether or not Sonic elects to terminate this Agreement, Sonic may immediately close the Non-Traditional Sonic unless and until the situation, in Sonic’s judgment, is satisfactorily resolved.
(i) If Licensee fails to correct any deficiency or unsatisfactory condition within the time period required by Section 6.05(b).
Appears in 1 contract