Under what circumstances can an Alloy franchisee terminate the Franchise Agreement if the breach cannot be cured within 30 days?

g or delivering to you written notice of termination that will identify the grounds for the termination; and (iv) the termination will be effective immediately upon our issuance of the written notice of termination.

• 1. Immediate Termination With No Opportunity to Cure. In the event any of the following defaults occurs, you will have no right or opportunity to cure the default and this Agreement will terminate effective immediately on our issuance of written notice of termination:
  • i. any material misrepresentation or omission in your franchise application;

• ii. your voluntary abandonment of this Agreement or the Facility which shall include, but not be limited to, your Facility being closed for a period of five consecutive days without our prior written consent;

• iii. the loss of your lease, the failure to timely cure a default under the lease, the loss of your right of possession or failure to reopen or relocate under subparagraph 5.D;

• iv. the closing of the Facility by any state or local authorities for health or public safety reasons;

• v. failure to locate a site for your Facility within 180 days after signing this Agreement or your failure to open the Facility within 365 days after signing this Agreement;

  • vi. any unauthorized use of the Confidential Information;
  • vii. failure to maintain required insurance as required in subparagraph 10.C;

• viii. insolvency of you, an Owner, or guarantor, you, an Owner, or guarantor making an assignment or entering into any similar arrangement for the benefit of creditors;

• ix. any default under this Agreement that materially impairs the goodwill associated with any of the Trademarks;

• x. conviction of you, any Owners, or guarantors of (or pleading no contest to) any felony regardless of the nature of the charges, or any misdemeanor that brings or tends to bring any of the Trademarks into disrepute or impairs or tends to impair your reputation or the goodwill of the Trademarks or the Facility;

• xi. intentionally understating or underreporting Gross Sales, Royalty Fees or Marketing Contributions or any understatement or 3% variance on a subsequent audit within a 3 year period under subparagraph 9.H;

  • xii. violation by you of the provisions of subparagraph 15.Q;
  • xiii. any unauthorized transfer or assignment in violation of Paragraph 11; or

• xiv. any default by you that is the second same or similar default within any 12 month consecutive period or the fourth default of any type within any 24-month consecutive period.

• 1. Immediate Termination After No More than 24 Hours to Cure. In the event that a default under this Agreement occurs that violates any health safety or sanitation law or regulation, violates any system standard as to food handling, cleanliness, health and sanitation, or if the operation of the Facility presents a health or safety hazard to your customers or to the public: (i) you will have no more than 24 hours after we provide written notice of the default to cure the default; and (ii) if you fail to cure the default within the 24 hour period, this Agreement will terminate effective immediately on our issuance of written notice of termination.
• 1. Effect of Other Laws. The provisions of any valid, applicable law or regulation prescribing permissible grounds, cure rights or minimum periods of notice for termination of this franchise supersede any provision of this Agreement that is less favorable to you.

• C. Termination by You.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 51–56)