factual

Besides Paragraph 11.4, what constitutes cause for termination of the Budget agreement?

Budget Franchise · 2025 FDD

Answer from 2025 FDD Document

of the License Fees otherwise payable for the remainder of the one hundred eighty (180) day period, Licensee will pay Budget the Termination Fee. The "Termination Fee" shall equal: (i) six (6) times the amount of the average License Fees, which were payable by Licensee hereunder for the immediately preceding one (1) year period (or during the term of this Agreement if less than one year); multiplied by (ii) a fraction, the numerator of which is the number of days between the occurrence of the event (a) above and the end of the one hundred eighty (180) day period, and the denominator of which is one hundred eighty (180). Licensee's obligation to pay the foregoing amount will not in any way affect any other rights or remedies of Budget arising under this Agreement or otherwise.

  • 11.3 Termination By Budget With Prior Notice. Budget will have the right to terminate this Agreement for cause. In addition to the grounds described in Paragraph 11.4, cause for termination will be Licensee's failure to reasonably adhere to any provision of this Agreement, including the Standards, and to cure any such failure within the notice period hereinafter prescribed. Budget will not be limited to the reasons set forth in any notice of default or similar notice issued by Budget in any judicial proceeding in which the validity of the termination of this Agreement is at issue. Any notice of default by Budget will specify the time period (if any) within which such failure or failures must be cured by Licensee, which Licensee agrees will be fifteen (15) days from the date of delivery of notice to Licensee in the case of all failures by Licensee to pay any sums owed to Budget and thirty (30) days from delivery in the case of failure of Licensee to adhere to any other provision of this Agreement or the Standards (except as otherwise set forth in Paragraph 11.4). If Licensee fails to cure any such failure within the prescribed time period, this Agreement will terminate without further notice or action by Budget and upon expiration of the prescribed time period.

  • 11.4 Termination By Budget Without Prior Notice. Budget will also, to the maximum extent permitted by law, effective upon written notice to Licensee, have the right at any time to terminate this Agreement immediately and without other cause, or prior action or notice by Budget to Licensee, if:

    • (a) Licensee makes an assignment for the benefit of creditors;
  • (b) Licensee makes a written admission of its inability to pay its debts or obligations as they become due;

  • (c) Licensee files, or has filed against it (which filing is not dismissed within sixty (60) days after its entry), any petition in bankruptcy or other petition or pleading seeking any reorganization, liquidation, dissolution or other similar relief;

  • (d) Licensee seeks, consents to or acquiesces in the appointment of any trustee, receiver, or liquidator of Licensee, the Rental Business or all or a substantial part of its assets, or fails to vacate the appointment of any trustee, receiver or liquidator for any such purposes within thirty (30) days of such appointment;

Source: Item 23 — RECEIPTS (FDD pages 80–426)

What This Means (2025 FDD)

According to Budget's 2025 Franchise Disclosure Document, Budget has the right to terminate the agreement for cause, in addition to the reasons described in Paragraph 11.4. Cause for termination includes the Licensee's failure to reasonably adhere to any provision of the agreement, including the Standards, and failure to cure such breach within the prescribed notice period. Budget is not limited to the reasons in any default notice during a judicial proceeding regarding the termination's validity.

Budget will provide a notice of default specifying a cure period. For failure to pay sums owed to Budget, the cure period is fifteen (15) days from the date of delivery of the notice. For failure to adhere to any other provision of the agreement or the Standards, the cure period is thirty (30) days from delivery, unless otherwise specified in Paragraph 11.4. If the Licensee fails to cure the failure within the prescribed time, the agreement will terminate without further notice.

Additionally, according to Article XI, if the Licensee fails to open and continue operating locations as per Paragraph 8.1 and the Summary Pages, fails to meet Market Penetration Quotas as per Paragraph 8.1 and the Summary Pages, fails to open additional locations and maintain the minimum number of Vehicles, and/or fails to participate and comply with all required Programs, Budget has the option to terminate the agreement in the affected geographic market after thirty (30) days' prior written notice. This termination is treated as a termination for cause. Alternatively, Budget can convert the Licensee's exclusive rights in the underdeveloped geographic market(s) or with respect to underdeveloped products and services to non-exclusive rights.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.