Termination Without Cure Period. In addition to the grounds for termination that may be stated elsewhere in this Agreement, HFS may terminate this Agreement, and the rights granted by this Agreement, upon written notice to Franchisee without an opportunity to cure upon the occurrence of any of the following events:
(1) Franchisee ceases to continuously operate the Franchised Restaurant for a period in excess of 5 consecutive days, unless the closing is due to an act of God, fire or other natural disaster or is approved in writing in advance by HFS.
(2) Franchisee is insolvent or is unable to pay its creditors (including HFS); files a petition in bankruptcy, an arrangement for the benefit of creditors or a petition for reorganization; there is filed against Franchisee a petition in bankruptcy, an arrangement for the benefit of creditors or petition for reorganization, which is not dismissed within 60 days of the filing; Franchisee makes an assignment for the benefit of creditors; or a receiver or trustee is appointed for Franchisee and not dismissed within 60 days of the appointment.
(3) Execution is levied against Franchisee's business or property; suit to foreclose any lien or mortgage against the premises or equipment of the Franchised Restaurant is instituted against Franchisee and is not dismissed within 60 days; or the real or personal property of the Franchised Restaurant shall be sold after levy thereupon by any sheriff, marshal or constable.
(4) There is a material breach by Franchisee of any obligation under Section 17.
(5) Any Transfer that requires HFS' prior written approval occurs without Franchisee having obtained that prior written approval.
(6) HFS discovers that Franchisee made a material misrepresentation or omitted a material fact in the information that was furnished to HFS in connection with its decision to enter into this Agreement.
(7) Franchisee knowingly falsifies any report required to be furnished HFS or makes any material misrepresentation in its dealings with HFS or fails to disclose any material facts to HFS.
(8) Franchisee fails to open the Franchised Restaurant for business within 60 days after HFS first authorizes the opening of the Franchised Restaurant.
(9) HFS makes a reasonable determination that continued operation of the Franchised Restaurant by Franchisee will result in an imminent danger to public health or safety.
(10) Franchisee loses possession of the Franchised Location through its own fault or its failure to extend the lease for the Franchised...
Termination Without Cure Period. There shall be no cure period and this Agreement shall be terminated immediately upon the following event or events:
(a) Club assigns all or substantially all of its assets for the benefit of creditors;
(b) A voluntary or involuntary filing for Club’s bankruptcy;
(c) Club’s abandonment of the Center;
(d) Expiration of the License;
(e) An act or omission by Club that constitutes gross negligence, willful misconduct or a violation of applicable law; that endangers or is likely to endanger the safety, health or well-being of any person; or any repeated default by Club (i.e., a default that has occurred more than three times during the term of this Agreement); or
(f) This Agreement or Club’s operations hereunder are determined to be a violation of any applicable law.
Termination Without Cure Period. In addition to the grounds for termination that may be stated elsewhere in this Agreement, we may terminate this Agreement and the rights granted by this Agreement, upon written notice to you without an opportunity to cure upon the occurrence of any of the following events:
(a) You do not develop or open the Franchise as provided in this Agreement;
(b) You abandon, surrender, transfer control of, lose the right to occupy the Site of, or do not actively operate the Franchisee for three (3) or more consecutive days (or three (3) or more days in any 30 day period), or your lease for or purchase of the location of the Franchise is terminated for any reason;
(c) You or your Principals misrepresent or commit fraud in connection with, any information contained in an application for a franchise, or in any other oral or written information communicated to Franchisor;
(d) You or your Principals assign or Transfer this Agreement, any Interest, the Franchise, or assets of the Franchise without complying with the provisions of Section 13;
(e) You express to us or any third party the intent to file for bankruptcy protection under any article of the United States Bankruptcy Code, become insolvent or make a general assignment for the benefit of creditors. Termination pursuant to Section 14.1 (e) shall be effective immediately upon your communication of your intent to take any action described in this Section;
(f) You use, sell, distribute or give away any unauthorized services or products;
(g) You or any of your Principals are convicted of or plead no contest to a felony or are convicted or plead no contest to any crime or offense that is likely to adversely affect the reputation of the Company, the Franchise, and/or the goodwill associated with the Marks;
(h) You or any of your Principals fail to comply with any other provision of this Agreement or any mandatory specification, standard, or operating procedure within twenty (20) days after written notice of such failure to comply is given to you; or
(i) You or any of your Principals fail on three (3) or more separate occasions within any twelve (12) consecutive month period to submit when due any financial statements, reports or other data, information, or supporting records; pay when due any amounts due under this Agreement; or otherwise fail to comply with this Agreement, whether or not such failures to comply are corrected after notice is given to you or your Principals.
(j) If Franchisee conducts the Franchised Busine...
Termination Without Cure Period. There shall be no cure period and this Agreement shall terminate immediately upon the following event or events:
(a) Contractor assigns all or substantially all of its assets for the benefit of creditors; (b) a voluntary or involuntary filing for Contractor’s bankruptcy; (c) Contractor’s abandonment of the Facility; (d) expiration or termination of the Carrier Agreement; or (e) an act or omission by Contractor that constitutes gross negligence, willful misconduct or a violation of applicable law; that endangers or is likely to endanger the safety, health or well-being of any person; or any repeated default by Contractor (i.e., a default that has occurred more than three times during the term of this Agreement).
