Common use of Right to Terminate Upon Default or for Cause Clause in Contracts

Right to Terminate Upon Default or for Cause. 12.3.1 All terms and conditions of this Agreement are material and binding and failure by either party to perform in accordance with this Agreement, or in accordance with any covenants and conditions described herein, shall be considered a breach of this Agreement. In the event this Agreement is breached in any manner, including, but not limited to the defaults listed in paragraph 12.1 through 12.1.10 or any other serious, material breach, and Franchisee has failed to remedy to the satisfaction of County said breach within the thirty (30) days after receiving County’s written notice, described in paragraph 12.2, setting forth the nature of the breach, County in its sole option, may terminate this Agreement for cause. Notices will be delivered to the place designated in this Agreement for receiving notices. The notice of breach is effective upon actual receipt by Franchisee or, if mailed by first class mail with proper postage affixed, then it shall be deemed received five (5) days after mailing. The notice of termination after the thirty (30) days has expired plus proof of delivery or the expiration of five (5) days after posting, without a sufficient cure and without approval by County shall be effective upon mailing. Such termination is subject to the approval of the Board of Supervisors. Franchisee shall thereafter have no further rights, powers, or privileges against County under or arising out of this Agreement. In the event a breach does not result in termination, but does result in costs being incurred by County, said costs shall be charged to and paid by Franchisee, which costs may include, but are not limited to, costs incurred by County in investigating and communicating with Franchisee regarding said breach, including staff time, and any penalties provided in accordance with this Agreement.