Under what circumstances can Bojangles immediately terminate the Franchise Agreement due to deadline failures?

According to Bojangles's 2025 Franchise Disclosure Document, Bojangles can immediately terminate the Franchise Agreement if the franchisee fails to meet certain deadlines related to site approval, construction commencement, and restaurant opening. Specifically, strict compliance with these deadlines is considered essential to the agreement.

If a franchisee fails to meet the Site Approval Deadline, Construction Commencement Deadline, or Opening Deadline, it constitutes a material, non-curable breach of the agreement. This means that Bojangles has the right to immediately terminate the agreement by providing written notice to the franchisee.

The Construction Commencement Deadline is defined as within two hundred seventy (270) days after the date of Bojangles's written site approval notice. The Opening Deadline is within one hundred eighty (180) days after the commencement of construction. However, if the restaurant is developed under a Development Agreement, these deadlines may be superseded by the dates set forth in the development schedule of that agreement. This "time is of the essence" clause emphasizes the importance of adhering to these timelines, and failure to do so can result in immediate termination of the franchise agreement.