Does the Guaranty and Assumption of Franchisee's Obligations for Bambu extend to successor franchise terms?

KCOST | 11.3 PRODUCT |

ATTACHMENT II TO FRANCHISE AGREEMENT

GUARANTY AND ASSUMPTION OF FRANCHISEE'S OBLIGATIONS

In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the "Agreement") by BAMBU FRANCHISING LLC ("Bambu"), each of the undersigned hereby personally and unconditionally:

Guarantees to Bambu and its successors and assigns, for the term of this Agreement, including successor franchise terms, that the franchisee as that term is defined in the Agreement (the "Franchisee") shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and

Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement, including but not limited to, the terms of the articles and sections pertaining to noncompetition during and after the term, confidentiality and the Marks and copyrighted works of Bambu.

Each of the undersigned waives the following:

• 1. Acceptance and notice of acceptance by Bambu of the foregoing undertaking;
• 1. Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed;
• 1. Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed;
• 1. Any right he or she may have to require that any action be brought against Franchisee or any other person as a condition of liability; and
• 1. Any and all other notices and legal or equitable defenses to which he or she may be entitled.

Each of the undersigned consents and agrees that:

• 1. His or her direct and immediate liability under this guaranty shall be joint and several;
• 1. He or she shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so;
• 1. Such liability shall not be contingent or conditioned upon pursuit by Bambu of any remedies against Franchisee or any other person; and
• 1. Such liability shall not be diminished, relieved or otherwise affected by any extension of time, credit or other indulgence which Bambu may from time to time grant to Franchisee or to any other person, including without limitation the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which shall in any way modify or amend this guaranty, which shall be continuing and irrevocable during the term of the Agreement, including successor franchise terms.

• 1. His or her obligation and liability hereunder shall not be affected by any amendment or modification of the Agreement and he or she has no right to approve or consent to any such amendment or modification.

Source: Item 23 — Receipts (FDD pages 52–209)