Under what conditions can Bonchon terminate the franchise agreement if a default is not cured?

nd Guarantors by this Agreement, our Manuals and/or all Supplements to the Manuals or if you and/or your owners or Guarantors, otherwise fail to fulfill the terms of this Agreement in good faith. These defaults include the following events, which are set forth as examples only and are not meant to, nor shall they be deemed to, delineate all of the possible defaults which you may commit under this Agreement:

• 1. You or any of your affiliates fail, refuse or neglect to pay promptly when due any money owed to us, our affiliates or any lender which has provided financing to your franchised Business. The cure period for this default shall not be the above-referenced fifteen calendar days but, instead, will be five calendar days after we transmit to you a written notice or default. If you fail to cure any such default within such shortened cure period, then this Agreement will terminate immediately upon expiration of the applicable cure period, or any longer period required by applicable law. Notwithstanding the foregoing, we may terminate this Agreement immediately (without providing you with written notice of default) if any payment you owe to us, our affiliates or any lender which has provided financing to your franchised Business under any arrangement with us is not made within 30 calendar days after its due date.
• 1. You fail, refuse or neglect to submit the financial and non-financial reports and other information required to be submitted to us under this Agreement, our Manuals or other written notices we transmit to you, or you make any false statements in connection with any reports or other information required to be submitted to us.
• 1. Your franchised Business and/or Bonchon /Restaurant offers and sells any products or services that we do not authorize under this Agreement or our Manuals.

• 1. You fail to maintain your trade accounts in a current status and/or fail to seek to promptly resolve any disputes with trade suppliers.
• 1. You engage in any business, or market any product or service, under a name or mark which, in our opinion, is confusingly similar to the Proprietary Marks.
• 1. You fail to pay any taxes due and owing by your franchised Business (including employee taxes) when due.
• 1. You do not use the Proprietary Marks and/or trade dress solely in the manner and for the purposes directed by us in this Agreement, our Manuals or otherwise.
• 1. You violate the restrictions pertaining to advertising or do not participate in the programs related to advertising and sales promotion set forth in Section 8.23 and Article 10 of this Agreement.
• 1. You do not indemnify us and/or one of the Indemnitees as required by this Agreement.
• 1. By act or omission, you permit a continued violation in connection with the operation of the franchised Business of any law, ordinance, rule or regulation of a governmental agency, in the absence of a good faith dispute over its application or legality and without promptly resorting to an appropriate administrative or judicial forum for relief.
• 1. You fail to obtain or maintain any required permit, certificate or other governmental approval required either by this Agreement or applicable law, rule or regulation.
• 1. You employ any individual who is not eligible for employment in the United States under any federal, state, local or other law, rule or regulation.
• 1. You fail to operate your Bonchon Business during the days and hours specified in our Manuals without our prior written approval.
• 1. You fail to maintain and operate your Bonchon Restaurant in a good, clean and sound manner, in strict compliance with our standards for speed, service, quality, cleanliness and maintenance as set forth in our Manuals or otherwise.
• 1. Any Guarantor fails to comply with any of the requirements imposed by or pursuant to the Guarantee (annexed as Exhibit H hereto) addressed in Section 33.02 of this Agreement.
• 1. You do not devote the amount of your time and attention and/or your best efforts to the performance of your duties of this Agreement necessary for the proper and effective operation of your franchised Business and/or Restaurant.
• 1. You fail to implement (and, at your expense, take all steps necessary to implement) and thereafter adhere to any new or changed System requirements.
• 1. You do not engage and have us train (as applicable) a successor or replacement Operating Principal or General Manager, as required by Section 8.06 of this Agreement.
• 1. A final judgment not subject to appeal is entered against you or any Guarantor and remains unsatisfied for more than thirty days or, if any such judgment is subject to appeal, you do not prosecute such appeal within thirty days (or such shorter period as any law, rule or regulation requires).

Source: Item 23 — RECEIPTS (FDD pages 92–536)