Renewal of Franchise. On the Expiration Date of this Agreement, you may, at your option, renew your rights under this Agreement for one (1) term equal to the number of years of the initial term provided for in our then-current Store Franchise Agreement, if all of the following conditions have been met: (a) You give us written notice of your election to renew not less than nine (9) months or more than twelve (12) months before the Expiration Date. (b) We, in our sole judgment, decide to keep the Store open as a 7-Eleven Store. (c) The law permits the renewal of your franchise and the continued operation of the Store. (d) We determine, in our sole judgment, that your Store is in compliance with the 7-Eleven Foodservice Standards. (e) You are not in Material Breach of this Agreement, and you are current on all amounts you owe to us as of the Expiration Date. (f) You have maintained the Minimum Net Worth required by Paragraph 13(d) throughout the one (1) year period immediately preceding the Expiration Date. (g) You sign and deliver to us our then-current form of Store Franchise Agreement for franchise renewals, which agreement shall supersede this Agreement in all respects, and the terms of which may differ from the terms of this Agreement, and a mutual termination of this Agreement and general release of claims, in a form substantially similar to Exhibit H to this Agreement. You will not be required to pay an initial or renewal fee in connection with the renewal of the franchise. (h) We have not sent you four (4) or more notices of Material Breach of this Agreement during the two (2) year period immediately preceding the Expiration Date. (i) You have completed any additional training we require. We agree to pay the reasonable costs associated with the training specified in Exhibit D to this Agreement. If, at the time of renewal, we are not offering, or attempting to comply with regulatory requirements so that we can offer, a Store Franchise Agreement, then, if applicable law permits and if the requirements for renewal are otherwise satisfied, we agree to renew your franchise on the terms and conditions of this Agreement, and you will not be required to execute a new Store Franchise Agreement.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement (7 Eleven Inc)
Renewal of Franchise. On This Agreement does not automatically renew upon the Expiration Date expiration of this Agreementthe Initial Term. However, you may, at your option, have an option to renew your rights under this Agreement the Franchise for one additional 10 year term (1the “Renewal Term”) term equal to upon the number of years expiration of the initial term provided for in our then-current Store Franchise AgreementInitial Term if, if all and only if, each and every one of the following conditions have has been metsatisfied:
(ai) You give us written notice of your election desire to renew the Franchise not less than nine (9) 3 months or nor more than twelve (12) 6 months before the Expiration Date.
(b) Weend of the Initial Term. If we have not received notice from you of your desire to renew within such period, we may, in our sole judgmentdiscretion, decide notify you and provide you a 30 day grace period within which to keep submit the Store open as a 7-Eleven Storerenewal notice.
(cii) The law permits There is no uncured default by you under this Agreement, if there is any outstanding default under Section 19.(c) it must be cured within the renewal time period specified in Section 19; and all your debts and obligations to us and our Affiliates under this Agreement or otherwise must be current, including your obligations to the Marketing Fund (as defined in Section 8.(b)) and each Cooperative (as defined in Section 8.(a)(i)(B)) of your franchise and the continued operation of the Storewhich you are a member.
(d) We determine, in our sole judgment, that your Store is in compliance with the 7-Eleven Foodservice Standards.
(eiii) You are not in Material Breach of this Agreement, and you are current on all amounts you owe to us as of the Expiration Date.
(f) You have maintained the Minimum Net Worth required by Paragraph 13(d) throughout the one (1) year period immediately preceding the Expiration Date.
(g) You sign promptly execute and deliver to us our then-current form of Store a new Papa John’s Franchise Agreement, which Franchise Agreement for franchise renewals, which agreement shall will supersede this Agreement in all respects, and the terms and conditions of which may differ from the terms of this Agreement, provided such Franchise Agreement will provide for a term of 10 years.
(iv) We then continue to have franchisees operating under the Marks, or we operate directly under the Marks, Papa John’s restaurants in the state in which the Restaurant is located and have all required documents filed and all necessary approvals to offer Papa John’s franchises in that state. Any decision to withdraw from one or more states will be based on reasonable factors, and should we make such a mutual termination decision, you may continue to operate the Restaurant without being in violation of Sections 16.(a) or 16.(c), provided that you cease using all of our Marks and properly de-identify the premises.
(v) You pay us a renewal fee in the amount of $4,000.
(vi) You and we execute and deliver a general release, in the form we prescribe, provided, our release of you will not include a release of any fees or royalties due under this Agreement and general release or any amounts due to us, PJFS or any of claimsour other Affiliates for products or services provided or otherwise payable to us, PJFS or any of our other Affiliates in the ordinary course of business.
(vii) You make, or provide for in a form substantially similar manner reasonably satisfactory to Exhibit H us, such renovation and re-equipping of the Restaurant as may be necessary or appropriate to this Agreement. You reflect the then-current standards and image of the System, including renovation or replacement of signs, equipment, furnishings, fixtures and decor; provided that substantial renovation and re-equipping will not be required to pay an initial or renewal fee in connection with if you have substantially renovated the renewal of Restaurant within the franchise.
(h) We have not sent you four (4) or more notices of Material Breach of this Agreement during the two (2) 3-year period immediately preceding the Expiration Dateend of the Initial Term.
(i) You have completed any additional training we require. We agree to pay the reasonable costs associated with the training specified in Exhibit D to this Agreement. If, at the time of renewal, we are not offering, or attempting to comply with regulatory requirements so that we can offer, a Store Franchise Agreement, then, if applicable law permits and if the requirements for renewal are otherwise satisfied, we agree to renew your franchise on the terms and conditions of this Agreement, and you will not be required to execute a new Store Franchise Agreement.
Appears in 2 contracts
Samples: Franchise Agreement (Dixie Foods International, Inc), Franchise Agreement (Dixie Foods International, Inc)
Renewal of Franchise. On the Expiration Date of this AgreementA. If you are not in breach, you may, at your option, may renew your rights the Franchise for periods of 5 years under the terms of our then current Franchise Agreement forms. "Then-current," as used in this Agreement for one (1) term equal and applied to our Uniform Franchise Offering Circular will mean the number of years of form then currently provided to prospective franchisees or area developers, or if not then being provided, then the initial term provided for in our then-current Store Franchise Agreement, if all of the following conditions have been met:
(a) You give us written notice of your election to renew not less than nine (9) months or more than twelve (12) months before the Expiration Date.
(b) We, form we select in our sole judgmentdiscretion which previously has been delivered to and executed by a franchisee of ours. You will exercise your renewal option by giving written notice to us. The notice must be given at least three months, decide to keep but no earlier than six months, before the Store open as a 7-Eleven Store.
(c) The law permits end of the franchise term established by this Agreement. There is no fee for renewal of your franchise and the continued operation of Franchise. The renewed Franchise Agreement will be evidenced by you signing the Store.
(d) We determine, in our sole judgment, that your Store is in compliance with the 7-Eleven Foodservice Standards.
(e) You Franchise Agreement forms we then are not in Material Breach of using. These forms may vary materially from this Agreement. Commissions, Marketing Fees, Local Advertising Contributions and you are current on all amounts you owe other fees will be set at the then prevailing rates and terms. Your failure or refusal to us as of execute the Expiration Date.
(f) You have maintained the Minimum Net Worth required by Paragraph 13(d) throughout the one (1) year period immediately preceding the Expiration Date.
(g) You sign and deliver to us our then-current form of Store Renewal Franchise Agreement for franchise renewalsforms within thirty days after delivery to you may be regarded as an election by you not to renew. Upon renewal, which agreement shall supersede this Agreement the Franchise Premises must remain located in all respects, and the terms of which may differ from the terms of this Agreement, and a mutual termination of this Agreement and general release of claims, geographical territory designated in a form substantially similar to Exhibit H to this Agreement. You will not reimburse us for our reasonable out-of-pocket costs concerning the renewal. You must execute a general release, in a form we prescribe, following applicable law, to release us from any claims you may have against us. Before renewal, you or your designated manager will attend and successfully complete any retraining program we prescribe in writing. This will be required to pay an initial or renewal fee in connection with the renewal of the franchisedone at your expense, including travel, meals, lodging, and our then current training fee.
(h) B. We have not sent you four (4) or more notices of Material Breach of may refuse to renew this Agreement during the two (2) year period immediately preceding the Expiration Date.
(i) You have completed any additional training we require. We agree if you fail to pay the reasonable costs associated satisfactorily comply with the training specified in Exhibit D to this Agreement. IfThe determination of satisfactory compliance will be within our exclusive discretion in good faith. If we refuse to renew, at the time of renewal, we are not offering, or attempting you must continue to comply with regulatory requirements so that we can offer, a Store Franchise Agreement, then, if applicable law permits and if the requirements for renewal are otherwise satisfied, we agree to renew your franchise on the terms and conditions of perform under this Agreement, and you will not be required to execute a new Store Franchise AgreementAgreement until its expiration.
Appears in 1 contract
Renewal of Franchise. On Subject to the Expiration Date of this Agreementterms and conditions described below, you may, at your option, will have the right to renew your rights under this Agreement license to operate the Franchised Business for one (1) term equal to the number of years shorter of the initial following: (i) ten (10) years; or (ii) the term provided for in our then-current Store Franchise Agreement, if all of the following conditions have been met:
(a) You new lease for the Premises of the Franchised Business, including any renewal options thereto. In the event you desire to renew your license, you must give us written notice to that effect at least one hundred twenty (120) days prior to the expiration date of your election the Term. In addition to giving the written notice of renewal referred to above in a timely manner, in order to have the right to renew not less than nine (9) months or more than twelve (12) months before the Expiration Date.
(b) Welicense to operate the Franchised Business for an additional term, in our sole judgment, decide to keep the Store open as a 7-Eleven Store.
(c) The law permits the renewal of your franchise and the continued operation you must also meet each of the Store.following requirements:
(d) We determine, a. You must not then be in our sole judgment, that your Store is in compliance with the 7-Eleven Foodservice Standards.
(e) You are not in Material Breach of default under this Agreement, and you are no event shall have occurred that, with the giving of notice, the passage of time, or both, would constitute a default under this Agreement;
b. You must be in complete compliance with the terms of this Agreement and the then-current on all amounts you owe to us as Operations Manuals;
c. You must not have received more than three (3) written notices of default or breach of this Agreement during its term, nor more than two (2) such notices during the Expiration Date.
(f) You have maintained the Minimum Net Worth required by Paragraph 13(d) throughout the one (1) year period five years immediately preceding the Expiration Date.Effective Date of the proposed renewal;
d. You must have the existing right to maintain possession of the Premises of your FRULLATI CAFE AND BAKERY restaurant for a term co-extensive with the term of the renewal, or you must have secured and developed suitable substitute premises approved by us;
e. You and we must execute a renewal franchise agreement (g) You sign and deliver to us our then-current which will be in the form of Store Franchise Agreement for the franchise renewalsagreement then customarily used by us in the granting of franchises in connection with the System) and all other agreements, which agreement shall supersede this Agreement in all respectslegal instruments, and documents then customarily used by us in the granting of franchises in connection with the System. The renewal franchise agreement will not provide for the payment of an Initial Franchise Fee, and its terms of which may differ from the terms of this Agreement. The renewal franchise agreement will supersede this Agreement, and a mutual but will not terminate your liability to perform any obligations which you have not yet performed under this Agreement, or which survive the termination of this Agreement; nor will the renewal franchise agreement terminate or supersede any Guaranty of Contract or Confidentiality Agreement and general release of claims, in a form substantially similar to Exhibit H executed pursuant to this Agreement. You will not be required to pay an initial or renewal fee ;
f. The equipment, fixtures and signage used in connection with the renewal operation of the franchise.
(h) We have not sent Franchised Business must either meet our then-existing specifications and standards, or you four (4) or more notices of Material Breach of this Agreement during the two (2) year period immediately preceding the Expiration Date.
(i) You have completed any additional training we require. We must agree to pay replace or refurbish such items, and otherwise modify the reasonable costs associated methods of operation of the Franchised Business at your cost, in order to comply with our specifications and standards then applicable to new franchise owners;
g. You must be current on all financial obligations to us;
h. You shall have paid to us a Renewal Fee in the training specified in Exhibit D to amount of Five Thousand Dollars ($5,000.00);
i. You must, except where prohibited by law, release all past and present claims against us; and
j. You must sign the current form of Franchise Agreement and other agreements then being required of new franchisees, and return these agreements, properly executed, before the expiration of this Agreement. If, at If you do not meet any of the time of requirements for renewal, we are not offering, or attempting will give you a written notice to comply with regulatory requirements so that we can offer, a Store Franchise Agreement, then, if applicable law permits and if effect which will specify the requirements for renewal are otherwise satisfied, we agree not met. The written notice will be given to renew you within sixty (60) days after you deliver to us your franchise on the terms and conditions written notice of this Agreement, and you will not be required intent to execute a new Store Franchise Agreementrenew.
Appears in 1 contract
Samples: Franchise Agreement (Gfy Foods Inc)