What happens if a Developer fails to comply with the Development Schedule for a Bojangles restaurant?

estaurant is situated, or substantially all right, title and interest in and to the Restaurant or real property lease, or substantially all of the assets of Developer, of the franchisee, or of any Restaurant, without Franchisor's prior written consent; provided, however, that upon the occurrence of any of the foregoing events, Franchisor may, in lieu of immediate termination of this Agreement, request from Developer and the franchisee, a statement of intentions and assurances that no event in breach of this Agreement is so contemplated, which statement and assurances shall be delivered in writing within twenty-four (24) hours of Franchisor's request. In addition, Franchisor may request, and Developer and the franchisee shall provide within five (5) business days thereafter, a performance bond from Developer and the franchisee, the amount of such bond and the issuing entity to be solely at Franchisor's reasonable discretion;

• (7) If Developer, after curing a default pursuant to Paragraph VIII.D. hereof, commits the same, or a substantially similar, default again within one hundred eighty (180) days after the prior default occurred, whether or not cured after notice; or
• (8) If Developer repeatedly is in default under Paragraph VIII.D. hereof for failure to comply with any of the requirements imposed by this Agreement, whether or not cured after notice.

• (9) [For Bojangles Express Restaurants, add the following: "If Developer or any individual, partnership, corporation, limited liability company or other legal entity which directly or indirectly owns an interest in Developer shall, without the prior written consent of Developer, make any transfer that alone or together with other previous, simultaneous or proposed transfers, would have the effect of transferring a controlling interest in Developer to an entity or parent, subsidiary or affiliate thereof which is a competitor of Franchisor."]
• D. Except as otherwise provided in Paragraphs VIII.B. and VIII.C. of this Agreement, Developer shall have ten (10) days for a monetary default and thirty (30) days for any other default after its receipt from Franchisor of a written Notice of Default within which to remedy any default hereunder and to provide evidence thereof to Franchisor. If any such default is not cured within that time, or such longer period as applicable law may require, Franchisor may terminate this Agreement, effective immediately upon Developer's receipt of notice from Franchisor after the expiration of the ten (10) day or thirty (30) day period, as applicable, or such longer period as applicable law may require. In lieu of termination, Franchisor may, at its discretion, elect any of the remedies set forth in Paragraph VIII.E. hereof. Developer shall be in default hereunder:
• (1) If Developer fails to comply with any of the requirements imposed by this Agreement or fails to carry out the terms of this Agreement in good faith;
• (2) If a final judgment against Developer remains unsatisfied or of record for thirty (30) days or longer (unless supersedeas bond is filed);
• (3) If Developer is dissolved, execution is levied against Developer's business or property, or suit to foreclose any lien or mortgage against any Restaurant or equipment situated therein is instituted against Developer and not dismissed or bonded off within sixty (60) days;
• (4) If the real or personal property of any Restaurant of Developer is sold after levy thereupon by any sheriff, marshal, or constable; or
• (5) If an approved transfer of a controlling interest in Developer is not effected within the prescribed period following the death or mental incapacity of a shareholder or member of Developer, as required by Paragraph IX. D. hereof.
• E. Within sixty (60) days after any default of Developer under Paragraphs VIII.B. or VIII.C. hereof, or within ninety (90) days after a default of Developer which is not cured pursuant to Paragraph VIII.D.

Source: Item 23 — RECEIPTS (FDD pages 82–573)