Termination with Notice and Opportunity to Cure. Except for any default by Area Operator for which no notice is required as expressly provided elsewhere in this Agreement, Area Operator shall have thirty (30) days, five (5) days in the case of any default in the timely payment of sums due to Noodles & Company or its Affiliate), after written notice of default within which to remedy any default under this Agreement, and to provide evidence of such remedy to Noodles & Company. If any such default is not cured within that time period, or such longer time period as applicable law may require or as we may specify in the notice of default, this Agreement and all rights granted by it shall thereupon automatically terminate without further notice or opportunity to cure. Defaults for which notice under this Section 15.04 shall be given include:
Termination with Notice and Opportunity to Cure. (1) Except as provided in Section 12.1, if Sub-Licensee is in material default under this Agreement and such default is not cured within sixty (60) days after written notice from Licensor, or Licensor’s associate or affiliate, as the case may be, or if such default is not reasonably able to be cured within sixty (60) days, the Sub-Licensee fails to commence to take, within sixty (60) days, steps to remedy such default and to thereafter proceed diligently and as expeditiously as reasonably possible to cure or remedy such default, then, in addition to all other remedies at law, Licensor may immediately terminate this agreement. Without limiting the generality of the foregoing, Sub-Licensee shall be in default under this Agreement:
(a) if Sub-Licensee or any of its partners, shareholders, officers or directors is in breach of their respective covenants and restrictions contained under Article 10;
(b) if Sub-Licensee’s conduct of Value Buds Store is such that the health or safety of the public is in danger or reflects unfavourably on the System or Licensor;
(c) if Sub-Licensee is unable to obtain or maintain any license, permit, registration, certification or other permission required in order to operate all or substantially all of the Value Buds Stores;
(d) if Sub-Licensee refuses or neglects to pay when due to Licensor any monies owing to Licensor including but not limited to the license fees;
(e) if Sub-Licensee, or Affiliate, materially breaches this Agreement, the Strategic Partnership Agreement, the MSA or the CFRA;
(f) if the Lease expires or is terminated for any reason without a relocation being agreed to with the Licensor;
(g) if Sub-Licensee fails to submit when due, reports and financial data which Licensor requires under this Agreement; or
(h) if Sub-Licensee fails to comply with any of the requirements imposed upon Sub-Licensee by this Agreement or the Manual. The Parties acknowledge that the foregoing events of default are subject to the requirement of Licensor to provide certain services to Sub-Licensee pursuant to the MSA for so long as such agreement remains in effect. Nothing in this Section 12.2 shall derogate or abrogate from the requirement of Licensor to provide such services to the Sub-Licensee related to the foregoing. Sub-Licensee shall not be prejudiced and shall not be in breach of this Section 12.2 to the extent that any failure of Sub-Licensee to comply with the foregoing requirements is a direct result of a failure by Licensor to...
Termination with Notice and Opportunity to Cure. Except as otherwise provided in Sections 10.1 and 10.2 of this Agreement, you shall have thirty (30) days after your receipt from us of a written notice of default within which to remedy any default under this Agreement and to provide evidence thereof to us. If any such default is not cured within the specified time, or such longer period as applicable law may require, we shall have the right to terminate this Agreement by providing written notice of termination to you. You shall be in default pursuant to this Section 10.3 for failure to substantially comply with any of the requirements imposed by this Agreement, as it may from time to time reasonably be modified or supplemented by the Manuals, or your failure to carry out the terms of this Agreement in good faith.
Termination with Notice and Opportunity to Cure. If a Party (the "Breaching Party") commits any material breach or default of its obligations under this Agreement, the other Party (the "Non-Breaching Party") may give the Breaching Party written notice thereof and demand that such breach or default be cured immediately. If the Breaching Party fails to cure such breach or default within ten (10) calendar days after the date of the Non-Breaching Party’s written notice hereunder, the Non-Breaching Party may terminate this Agreement immediately for cause upon giving written notice of termination of this Agreement to the Breaching Party. Upon such termination for convenience, Company shall be entitled to the return of any outstanding amount of the Deposit paid to the REEF under this Agreement (the Outstanding Deposit Amount) as specified below. REEF shall process and return the said Outstanding Deposit Amount to Company within 30 days of issuing the written notice of termination. In consideration of the Company's preparation and procurement costs, when applicable, XXXX agrees to compensate the Company for any cost of goods sold (COGS) acquired from REEF that were purchased within (fifteen) 15 days prior to the notice of termination. The compensation amount shall be calculated based on the actual costs incurred by the Company for these goods, without any markup. Following the completion of the obligations outlined in this clause, REEF shall not have any further liability to the Company under this Agreement, except for any obligations that, by their nature, are intended to survive termination.
Termination with Notice and Opportunity to Cure. No fewer than seven (7) days after Liberty has sent you notice of your opportunity to cure, Liberty may terminate this Agreement if:
(i) You violate any term or condition of this Agreement, the Operations Manual, or any other agreement with Liberty;
(ii) Any amount owing to Liberty, whether related to the Territory or not, is more than thirty
Termination with Notice and Opportunity to Cure. No fewer than seven (7) days after Liberty has sent you notice of your opportunity to cure, Liberty may terminate this Agreement if:
(i) You violate any term or condition of this Agreement, the Operations Manual, or any other agreement with Liberty or Liberty’s Affiliated Companies;
(ii) Any amount owing to Liberty or Liberty’s Affiliated Companies, whether related to the Territory or not, is more than thirty (30) days past due;
(iii) You fail to comply with IRS standards applicable to e-file providers as stated in IRS Publication 1345 or another or successor IRS publication applicable to e-file providers; or
(iv) You are more than sixty (60) days in default of any loan, lease or sublease agreement with a third party, affecting the Franchised Business.
Termination with Notice and Opportunity to Cure. Except for any default by Franchisee under Sections 14.2 or 14.3 of this Agreement, and as otherwise expressly provided elsewhere in this Agreement, Franchisee shall have 10 days (5 days in the case of any default in the timely payment of sums due to Franchisor or its Affiliates) after Franchisor’s written notice of default within which to remedy any default under this Agreement, and to provide evidence of such remedy to Franchisor. If any such default is not cured within that time period, or such longer time period as Applicable Law may require or as Franchisor may specify in the notice of default, this Agreement and all rights granted by it shall thereupon automatically terminate without further notice or opportunity to cure.
Termination with Notice and Opportunity to Cure. No fewer than seven (7) days after Liberty has sent you notice of your opportunity to cure, Liberty may terminate this Agreement if:
(i) You violate any term or condition of this Agreement, the Operations Manual, or any other agreement with Liberty;
(ii) Any amount owing to Liberty, whether related to the Territory or not, is more than thirty (30) days past due;
(iii) You fail to comply with IRS standards applicable to e-file providers as stated in IRS Publication 1345 or another or successor IRS publication applicable to e-file providers; or
(iv) You are more than sixty (60) days in default of any loan, lease or sublease agreement with a third party, affecting the Franchised Business.
Termination with Notice and Opportunity to Cure. Except as otherwise provided in Sections 17.1 and 17.2 of this Agreement, you will have 60 days after your receipt from us of a written notice of default within which to remedy any default under this Agreement and to provide evidence thereof to us. You may avoid termination by immediately initiating a remedy to cure such default and curing it to our satisfaction within the sixty-day period, and by promptly providing proof thereof to us. If any such default is not cured within the specified time, or such longer period as applicable law may require, this Agreement will terminate without further notice to you, effective immediately upon the expiration of the sixty-day period or such longer period as applicable law may require. You will be in default pursuant to this Section 17.3 for failure substantially to comply with any of the requirements imposed by this Agreement, as it may from time to time reasonably be supplemented by the Manual, or failure to carry out the terms of this Agreement in good faith. Such defaults include, but are not limited to, the following illustrative events:
2. This Amendment shall be effective only to the extent that jurisdictional requirements of the California Franchise Investment Law or the California Franchise Relations Act are met independently of and without reference to this Amendment. This Amendment shall have no effect if the jurisdictional requirements of the California Franchise Investment Law or the California Franchise Relations Act are not met.
Termination with Notice and Opportunity to Cure. If you default in your material obligations under this Agreement, we may terminate this Agreement, effective on the date stated in our notice (or the earliest date permitted by applicable law) as follows:
