Is voluntary abandonment of the Antioch Pizza Shop business a cause for termination?

Question

Accepted Answer

| Provision |  | Section in | Summary |
|---|---|---|---|
|  |  | Franchise or Other Agreement |  |
| v. Choice of forum | Section 25 |  | Subject to applicable state law, Chicago, Illinois. |
| w. Choice of law | Section 24 |  | Subject to applicable state law, Illinois law applies, subject to the Lanham Act. |
| Provision | Section in MUDA | Summary |  |
| a. Length of term of the agreement | Section 4 | Agreement expires on our acceptance and execution of the Franchise Agreement for the last franchise to be developed. |  |
| b. Renewal or extension of the | None | Not applicable |  |
| term |  |  |  |
| c. Requirements for you to | None | Not applicable |  |
| renew or extend |  |  |  |
| d. Termination by you | None | Not applicable, |  |
| e. Termination by us without | None | Not applicable |  |
| cause |  |  |  |
| f. Termination by us with cause | Section 7 | We can terminate if you commit a listed violation. |  |
| g. "Cause" defined - defaults | Section 7 | Not applicable |  |
| which can be cured |  |  |  |
| h. "Cause" defined - defaults which cannot be cured | Section 7.2 | Bankruptcy or similar proceeding, failure to comply with development schedule, breach of the agreement, unauthorized transfer, dissolution of Developer or death of owner, breach of franchise agreement and failure to cure. |  |
| i. Your obligations on | Section 7.4 | No further right to develop; however, |  |
| termination/ |  | termination does not affect existing |  |
| non-renewal |  | franchise agreements. |  |
| j. Assignment of contract by us. | Section 8.1 | We have an unrestricted right to assign. |  |
| k. "Transfer" by you – definition | Section 8.2 | Include transfer of any interest in the MUDA or in the Developer. |  |
|  | Provision | Section in Franchise or Other Agreement | Summary |
| h. | "Cause" defined- non curable defaults | Section 16(a); Par. 14 and 15 of the Food Truck/Trailer Addendum | Material misrepresentations or omissions in the franchise application or in any report you submit to us; voluntary abandonment of the Franchise Agreement or the Antioch Pizza Shop Business; attempts to make an unauthorized assignment, encumbrance, or other transfer of our rights under the Franchise Agreement; your entry into an agreement with us or our affiliates other than the Franchise Agreement that is terminated because of your breach of that separate agreement; the loss of your lease for the Antioch Pizza Shop Business; the failure to timely cure a default under your lease for the Antioch Pizza Shop Business; the closing of the Antioch Pizza Shop Business by any state or local authorities for health or public safety reasons; any unauthorized use of confidential information; insolvency of you, a principal owner, a control person, or guarantor; making an assignment or entering into any similar arrangement for the benefit of creditors; any default under the Franchise Agreement that materially impairs the goodwill associated with any of our trademarks, trade names, and related intellectual property; any conviction of or pleading no contest by you, a principal owner, a control person, or guarantor to any felony regardless of the nature of the charges, or any misdemeanor that brings or tends to bring any of our trademarks and trade names into disrepute or impairs or tends to impair your reputation or the goodwill of the trademarks, trade names, or franchise; your unauthorized use of any of our trademarks, trade names, or other intellectual property; the seizure, takeover, or foreclosure of the franchise or its assets by a governmental official acting in an official capacity, or by any of your creditors, lienholders or lessors, or if a writ of levy of execution is issued against the franchise or your assets; |

Source: Item 17 — Renewal, Termination, Transfer, and Dispute Resolution (FDD pages 41–48)

Is voluntary abandonment of the Antioch Pizza Shop business a cause for termination?

Answer from 2025 FDD Document

What This Means (2025 FDD)

Provision		Section in	Summary
		Franchise or Other Agreement
v. Choice of forum	Section 25		Subject to applicable state law, Chicago, Illinois.
w. Choice of law	Section 24		Subject to applicable state law, Illinois law applies, subject to the Lanham Act.
Provision	Section in MUDA	Summary
a. Length of term of the agreement	Section 4	Agreement expires on our acceptance and execution of the Franchise Agreement for the last franchise to be developed.
b. Renewal or extension of the	None	Not applicable
term
c. Requirements for you to	None	Not applicable
renew or extend
d. Termination by you	None	Not applicable,
e. Termination by us without	None	Not applicable
cause
f. Termination by us with cause	Section 7	We can terminate if you commit a listed violation.
g. "Cause" defined - defaults	Section 7	Not applicable
which can be cured
h. "Cause" defined - defaults which cannot be cured	Section 7.2	Bankruptcy or similar proceeding, failure to comply with development schedule, breach of the agreement, unauthorized transfer, dissolution of Developer or death of owner, breach of franchise agreement and failure to cure.
i. Your obligations on	Section 7.4	No further right to develop; however,
termination/		termination does not affect existing
non-renewal		franchise agreements.
j. Assignment of contract by us.	Section 8.1	We have an unrestricted right to assign.
k. "Transfer" by you – definition	Section 8.2	Include transfer of any interest in the MUDA or in the Developer.
	Provision	Section in Franchise or Other Agreement	Summary
h.	"Cause" defined- non curable defaults	Section 16(a); Par. 14 and 15 of the Food Truck/Trailer Addendum	Material misrepresentations or omissions in the franchise application or in any report you submit to us; voluntary abandonment of the Franchise Agreement or the Antioch Pizza Shop Business; attempts to make an unauthorized assignment, encumbrance, or other transfer of our rights under the Franchise Agreement; your entry into an agreement with us or our affiliates other than the Franchise Agreement that is terminated because of your breach of that separate agreement; the loss of your lease for the Antioch Pizza Shop Business; the failure to timely cure a default under your lease for the Antioch Pizza Shop Business; the closing of the Antioch Pizza Shop Business by any state or local authorities for health or public safety reasons; any unauthorized use of confidential information; insolvency of you, a principal owner, a control person, or guarantor; making an assignment or entering into any similar arrangement for the benefit of creditors; any default under the Franchise Agreement that materially impairs the goodwill associated with any of our trademarks, trade names, and related intellectual property; any conviction of or pleading no contest by you, a principal owner, a control person, or guarantor to any felony regardless of the nature of the charges, or any misdemeanor that brings or tends to bring any of our trademarks and trade names into disrepute or impairs or tends to impair your reputation or the goodwill of the trademarks, trade names, or franchise; your unauthorized use of any of our trademarks, trade names, or other intellectual property; the seizure, takeover, or foreclosure of the franchise or its assets by a governmental official acting in an official capacity, or by any of your creditors, lienholders or lessors, or if a writ of levy of execution is issued against the franchise or your assets;