Does a franchisee need to obtain Care Plus Medical Ucc's consent before transferring the franchise?

LE 15. TRANSFERS**

• 15.1 By Care Plus Medical UCC. Care Plus Medical UCC may transfer or assign this Agreement, or any of its rights or obligations under this Agreement, to any person or entity, and Care Plus Medical UCC may undergo a change in ownership and/or control, without the consent of Franchisee.
• 15.2 By Franchisee. Franchisee acknowledges that the rights and duties set forth in this Agreement are personal to Franchisee and that Care Plus Medical UCC entered into this Agreement in reliance on Franchisee's business skill, financial capacity, personal character, experience, and business ability. Accordingly, Franchisee shall not conduct or undergo a Transfer without providing Care Plus Medical UCC at least 60 days prior notice of the proposed Transfer, and without obtaining Care Plus Medical UCC's consent. In granting any such consent, Care Plus Medical UCC may impose conditions, including, without limitation, the following:
  • (i) Care Plus Medical UCC receives a transfer fee equal to $10,000 plus any broker fees and other out-of-pocket costs incurred by Care Plus Medical UCC;
  • (ii) the proposed assignee and its owners have completed Care Plus Medical UCC's franchise application processes, meet Care Plus Medical UCC's then-applicable standards for new franchisees, and have been approved by Care Plus Medical UCC as franchisees;
  • (iii) the proposed assignee is not a Competitor;
  • (iv) the proposed assignee executes Care Plus Medical UCC's then-current form of franchise agreement and any related documents, which form may contain materially different provisions than this Agreement (provided, however, that the proposed assignee will not be required to pay an initial franchise fee);
  • (v) all owners of the proposed assignee provide a guaranty in accordance with Section 2.5;

• (vi) Franchisee has paid all monetary obligations to Care Plus Medical UCC and its affiliates, and to any lessor, vendor, supplier, or lender to the Business, and Franchisee is not otherwise in default or breach of this Agreement or of any other obligation owed to Care Plus Medical UCC or its affiliates;
• (vii) the proposed assignee and its owners and employees undergo such training as Care Plus Medical UCC may require;
• (viii) Franchisee, its Owners, and the transferee and its owners execute a general release of Care Plus Medical UCC in a form satisfactory to Care Plus Medical UCC;

Source: Item 22 — CONTRACTS (FDD page 41)