Common use of Termination Following Expiration of Cure Period Clause in Contracts

Termination Following Expiration of Cure Period. Except for those items listed in Section 14.1 or those that specify a different specific cure period, you will have 30 days after written receipt of notice of default from us within which to remedy any default and provide evidence of that remedy to us. If any default is not cured within that time, this Agreement will terminate without further notice to you effective immediately upon expiration of that time, unless we notify you otherwise in writing. You will be in default under this Section 14.2 for any failure to materially comply with any of the requirements imposed by this Agreement, the Manual or otherwise in writing, or to carry out the terms of this Agreement in good faith. (a) If Franchisee fails to pay Franchisor any money owed to it pursuant to this Agreement or any other Agreement between Franchisor (and its Affiliates) and Franchisee and such failure is not cured within ten (10) days of Franchisor providing Franchisee with written notice of such monetary default; (b) If Franchisee (or its Principals, officers, managers or employees) fails to perform any obligation under this Agreement (other than a monetary default described in Section 14.2(a)), or any other agreement with Franchisor or its Affiliates; provided, however, that the failure is curable (in Franchisor’s discretion). Termination will be effective immediately upon notice, unless that failure is curable, in which event, termination will be effective upon the 30th day after that notice, unless that failure is cured. (c) If Franchisee loses, or fails to obtain or maintain, any permit or license necessary to operate the Franchised Business. Termination will be effective upon either of the following, at Franchisor’s election: (i) the date that that permit or license is lost or denied or (ii) the date 30 days after Franchisor has provided notice of termination to Franchisee, unless Franchisee has obtained or regained that permit or license within 30 days after Franchisor has provided notice of termination to Franchisee. (d) If any involuntary lien exceeding $10,000 is placed on Franchisee’s business assets and is not promptly (but in any event within 30 days) removed or bonded against. Termination will be effective immediately upon notice to Franchisee by Franchisor. (e) If Franchisee conducts the Franchised Business in a manner that may adversely affect the goodwill or reputation of Franchisor, its products and services or the Marks and, in Franchisor’s sole discretion, that damage is curable, Franchisee will have 30 days within which to cure that damage. Termination will be effective upon the 30th day after that notice, unless that damage is cured. (f) If you or any of your employees violate any health or safety law, ordinance or regulation, or operate the Franchise in a manner that presents a health or safety hazard to your customers or the public and fail to begin to correct such noncompliance or violation immediately or fails to completely correct such noncompliance or violation within 24 hours after Franchisor has provided notice of such noncompliance or violation to Franchise; (g) If Franchisee refuses or fails to allow Franchisor access to the Franchise and such refusal or failure has not been cured within 24 hours after Franchisor has sought access. Termination will be effective immediately upon notice to Franchisee, without any opportunity to cure.

Termination Following Expiration of Cure Period. (1) Except for those items listed in preceding Section 14.1 or those that specify a different specific cure period18.A., you will Franchisee shall have 30 days after written receipt of notice of default from us HFS within which to remedy any the default and provide evidence of that remedy to usHFS. If any such default is not cured within that time, this Agreement will shall terminate without further notice to you Franchisee effective immediately upon expiration of that time, unless we notify you HFS notifies Franchisee otherwise in writing. You Notwithstanding the foregoing, if the default cannot be corrected within 30 days, Franchisee shall have such additional time to correct the default as reasonably required (not to exceed 90 days) provided that Franchisee begins taking the actions necessary to correct the default during the 30 day cure period and diligently and in good faith pursues those actions to completion. Franchisee will be in default under this Section 14.2 18.B.(1) for any failure to materially comply with any of the requirements imposed by this Agreement, the Manual or otherwise in writing, or to carry out the terms of this Agreement in good faith. (a2) Notwithstanding the provisions of preceding Section 18.B.(1), if Franchisee defaults in the payment of any monies owed to HFS or its affiliates when such monies become due and payable and Franchisee fails to pay such monies within 10 days after receiving written notice of default, then this Agreement will terminate effective immediately upon expiration of that time, unless HFS notifies Franchisee otherwise in writing. (3) If Franchisee has received 2 or more notices of default within the previous 12 months, HFS shall be entitled to send Franchisee a notice of termination upon Franchisee’s next default within that 12 month period under this Section 18.B. without providing Franchisee an opportunity to remedy the default. (4) In addition to the other provisions of this Section 18.B, if HFS reasonably determines that Franchisee becomes or will become unable to meet its obligations to HFS or its affiliates under this Agreement, HFS may provide Franchisee written notice to that effect and demand that Franchisee provide those assurances reasonably designated by HFS, which may include security or letters of credit for the payment of Franchisee’s obligations to HFS and its affiliates. If Franchisee fails to pay Franchisor any money owed to it pursuant to this Agreement or any other Agreement between Franchisor (and its Affiliates) and Franchisee and such failure is not cured within ten (10) days of Franchisor providing Franchisee with written notice of such monetary default; (b) If Franchisee (or its Principals, officers, managers or employees) fails to perform any obligation under this Agreement (other than a monetary default described in Section 14.2(a)), or any other agreement with Franchisor or its Affiliates; provided, however, that provide the failure is curable (in Franchisor’s discretion). Termination will be effective immediately upon notice, unless that failure is curable, in which event, termination will be effective upon the 30th day after that notice, unless that failure is cured. (c) If Franchisee loses, or fails to obtain or maintain, any permit or license necessary to operate the Franchised Business. Termination will be effective upon either of the following, at Franchisor’s election: (i) the date that that permit or license is lost or denied or (ii) the date 30 days after Franchisor has provided notice of termination to Franchisee, unless Franchisee has obtained or regained that permit or license assurances demanded by HFS within 30 days after Franchisor has provided its receipt of written notice of termination from HFS, this Agreement shall terminate without further notice to Franchisee. (d) If any involuntary lien exceeding $10,000 is placed on Franchisee’s business assets and is not promptly (but in any event within 30 days) removed or bonded against. Termination will be Franchisee effective immediately upon notice to Franchisee by Franchisor. (e) If Franchisee conducts the Franchised Business in a manner expiration of that may adversely affect the goodwill or reputation of Franchisor, its products and services or the Marks and, in Franchisor’s sole discretion, that damage is curable, Franchisee will have 30 days within which to cure that damage. Termination will be effective upon the 30th day after that noticetime, unless that damage is curedHFS notifies Franchisee otherwise in writing. (f) If you or any of your employees violate any health or safety law, ordinance or regulation, or operate the Franchise in a manner that presents a health or safety hazard to your customers or the public and fail to begin to correct such noncompliance or violation immediately or fails to completely correct such noncompliance or violation within 24 hours after Franchisor has provided notice of such noncompliance or violation to Franchise; (g) If Franchisee refuses or fails to allow Franchisor access to the Franchise and such refusal or failure has not been cured within 24 hours after Franchisor has sought access. Termination will be effective immediately upon notice to Franchisee, without any opportunity to cure.

Termination Following Expiration of Cure Period. (1) Except for those items listed in preceding Section 14.1 or those that specify a different specific cure period18.A., you will Franchisee shall have 30 days after written receipt of notice of default from us HFS within which to remedy any the default and provide evidence of that remedy to usHFS. If any such default is not cured within that time, this Agreement will shall terminate without further notice to you Franchisee effective immediately upon expiration of that time, unless we notify you HFS notifies Franchisee otherwise in writing. You Notwithstanding the foregoing, if the default cannot be corrected within 30 days, Franchisee shall have such additional time to correct the default as reasonably required (not to exceed 90 days) provided that Franchisee begins taking the actions necessary to correct the default during the 30 day cure period and diligently and in good faith pursues those actions to completion. Franchisee will be in default under this Section 14.2 18.B.(1) for any failure to materially comply with any of the requirements imposed by this Agreement, the Manual or otherwise in writing, or to carry out the terms of this Agreement in good faith. (a2) Notwithstanding the provisions of preceding Section 18.B.(1), if Franchisee defaults in the payment of any monies owed to HFS or its affiliates when such monies become due and payable and Franchisee fails to pay such monies within 10 days after receiving written notice of default, then this Agreement will terminate effective immediately upon expiration of that time, unless HFS notifies Franchisee otherwise in writing. (3) If Franchisee has received 2 or more notices of default within the previous 12 months, HFS shall be entitled to send Franchisee a notice of termination upon Franchisee's next default within that 12 month period under this Section 18.B. without providing Franchisee an opportunity to remedy the default. (4) In addition to the other provisions of this Section 18.B, if HFS reasonably determines that Franchisee becomes or will become unable to meet its obligations to HFS or its affiliates under this Agreement, HFS may provide Franchisee written notice to that effect and demand that Franchisee provide those assurances reasonably designated by HFS, which may include security or letters of credit for the payment of Franchisee's obligations to HFS and its affiliates. If Franchisee fails to pay Franchisor any money owed to it pursuant to this Agreement or any other Agreement between Franchisor (and its Affiliates) and Franchisee and such failure is not cured within ten (10) days of Franchisor providing Franchisee with written notice of such monetary default; (b) If Franchisee (or its Principals, officers, managers or employees) fails to perform any obligation under this Agreement (other than a monetary default described in Section 14.2(a)), or any other agreement with Franchisor or its Affiliates; provided, however, that provide the failure is curable (in Franchisor’s discretion). Termination will be effective immediately upon notice, unless that failure is curable, in which event, termination will be effective upon the 30th day after that notice, unless that failure is cured. (c) If Franchisee loses, or fails to obtain or maintain, any permit or license necessary to operate the Franchised Business. Termination will be effective upon either of the following, at Franchisor’s election: (i) the date that that permit or license is lost or denied or (ii) the date 30 days after Franchisor has provided notice of termination to Franchisee, unless Franchisee has obtained or regained that permit or license assurances demanded by HFS within 30 days after Franchisor has provided its receipt of written notice of termination from HFS, this Agreement shall terminate without further notice to Franchisee. (d) If any involuntary lien exceeding $10,000 is placed on Franchisee’s business assets and is not promptly (but in any event within 30 days) removed or bonded against. Termination will be Franchisee effective immediately upon notice to Franchisee by Franchisor. (e) If Franchisee conducts the Franchised Business in a manner expiration of that may adversely affect the goodwill or reputation of Franchisor, its products and services or the Marks and, in Franchisor’s sole discretion, that damage is curable, Franchisee will have 30 days within which to cure that damage. Termination will be effective upon the 30th day after that noticetime, unless that damage is curedHFS notifies Franchisee otherwise in writing. (f) If you or any of your employees violate any health or safety law, ordinance or regulation, or operate the Franchise in a manner that presents a health or safety hazard to your customers or the public and fail to begin to correct such noncompliance or violation immediately or fails to completely correct such noncompliance or violation within 24 hours after Franchisor has provided notice of such noncompliance or violation to Franchise; (g) If Franchisee refuses or fails to allow Franchisor access to the Franchise and such refusal or failure has not been cured within 24 hours after Franchisor has sought access. Termination will be effective immediately upon notice to Franchisee, without any opportunity to cure.

Termination Following Expiration of Cure Period. (1) Except for those items listed in preceding Section 14.1 or those that specify a different specific cure period18.A., you will Franchisee shall have 30 days after written receipt of notice of default from us CKE within which to remedy any the default and provide evidence of that remedy to usCKE. If any such default is not cured within that time, this Agreement will shall terminate without further notice to you Franchisee effective immediately upon expiration of that time, unless we notify you CKE notifies Franchisee otherwise in writing. You Notwithstanding the foregoing, if the default cannot be corrected within 30 days, Franchisee shall have such additional time to correct the default as reasonably required (not to exceed 90 days) provided that Franchisee begins taking the actions necessary to correct the default during the 30 day cure period and diligently and in good faith pursues those actions to completion. Franchisee will be in default under this Section 14.2 18.B.(1) for any failure to materially comply with any of the requirements imposed by this Agreement, the Manual OPM or otherwise in writing, or to carry out the terms of this Agreement in good faith. (a2) Notwithstanding the provisions of preceding Section 18.B.(1), if Franchisee defaults in the payment of any monies owed to CKE or its affiliates when such monies become due and payable and Franchisee fails to pay such monies within 10 days after receiving written notice of default, then this Agreement will terminate effective immediately upon expiration of that time, unless CKE notifies Franchisee otherwise in writing. (3) If Franchisee has received 2 or more notices of default within the previous 12 months, CKE shall be entitled to send Franchisee a notice of termination upon Franchisee’s next default within that 12 month period under this Section 18.B. without providing Franchisee an opportunity to remedy the default. (4) In addition to the other provisions of this Section 18.B, if CKE reasonably determines that Franchisee becomes or will become unable to meet its obligations to CKE or its affiliates under this Agreement, CKE may provide Franchisee written notice to that effect and demand that Franchisee provide those assurances reasonably designated by CKE, which may include security or letters of credit for the payment of Franchisee’s obligations to CKE and its affiliates. If Franchisee fails to pay Franchisor any money owed to it pursuant to this Agreement or any other Agreement between Franchisor (and its Affiliates) and Franchisee and such failure is not cured within ten (10) days of Franchisor providing Franchisee with written notice of such monetary default; (b) If Franchisee (or its Principals, officers, managers or employees) fails to perform any obligation under this Agreement (other than a monetary default described in Section 14.2(a)), or any other agreement with Franchisor or its Affiliates; provided, however, that provide the failure is curable (in Franchisor’s discretion). Termination will be effective immediately upon notice, unless that failure is curable, in which event, termination will be effective upon the 30th day after that notice, unless that failure is cured. (c) If Franchisee loses, or fails to obtain or maintain, any permit or license necessary to operate the Franchised Business. Termination will be effective upon either of the following, at Franchisor’s election: (i) the date that that permit or license is lost or denied or (ii) the date 30 days after Franchisor has provided notice of termination to Franchisee, unless Franchisee has obtained or regained that permit or license assurances demanded by CKE within 30 days after Franchisor has provided its receipt of written notice of termination from CKE, this Agreement shall terminate without further notice to Franchisee. (d) If any involuntary lien exceeding $10,000 is placed on Franchisee’s business assets and is not promptly (but in any event within 30 days) removed or bonded against. Termination will be Franchisee effective immediately upon notice to Franchisee by Franchisor. (e) If Franchisee conducts the Franchised Business in a manner expiration of that may adversely affect the goodwill or reputation of Franchisor, its products and services or the Marks and, in Franchisor’s sole discretion, that damage is curable, Franchisee will have 30 days within which to cure that damage. Termination will be effective upon the 30th day after that noticetime, unless that damage is curedCKE notifies Franchisee otherwise in writing. (f) If you or any of your employees violate any health or safety law, ordinance or regulation, or operate the Franchise in a manner that presents a health or safety hazard to your customers or the public and fail to begin to correct such noncompliance or violation immediately or fails to completely correct such noncompliance or violation within 24 hours after Franchisor has provided notice of such noncompliance or violation to Franchise; (g) If Franchisee refuses or fails to allow Franchisor access to the Franchise and such refusal or failure has not been cured within 24 hours after Franchisor has sought access. Termination will be effective immediately upon notice to Franchisee, without any opportunity to cure.