If a breach is remedied within the allowed time, can Chatime still terminate the agreement?

[Item 23: Receipts]

15.3 Termination by Franchisor

• (1) Franchisor may terminate this Agreement if:
  • (a) Franchisee or Guarantor (Defaulting Party) breaches any provision of this Agreement or any Collateral Agreement;
  • (b) Franchisor gives to the Defaulting Party a written notice that:
    • (i) Specifies the breach;
    • (ii) Tells the Defaulting Party what Franchisor wants the Defaulting Party to do to remedy the breach;
    • (iii) Gives the Defaulting Party a reasonable time (which can be any number of days between 3 days and 30 days) to remedy the breach; and
    • (iv) States that Franchisor proposes to terminate this Agreement and the Franchise if the breach is not remedied within that time; and
  • (c) the Defaulting Party does not remedy the breach within the time allowed by a notice issued under clause 15.3(1)(b).
• (2) If the breach is remedied in accordance with, and within the time allowed by, a notice issued under clause 15.3(1)(b), Franchisor cannot terminate this Agreement because of that breach.
• (3) If Franchisee does not perform or observe any obligation under this Agreement Franchisor may, but does not have to, remedy that default. In doing so, Franchisor is entitled to rely on the power of attorney in clause 24.
• (4) Notwithstanding any other provision in this clause 15, Franchisor may terminate this Agreement immediately upon written notice to Franchisee if:
  • (a) The Defaulting Party breaches any provision under clause 6 (Initial and Continuing Fees), 9.2 (No Other Business Interests) or 9.3 (Restraint Applies to Conduct in Any Capacity).
  • (b) A force majeure event (as referred to in clause 23) continues for more than 180 days;
  • (c) Franchisee no longer holds a license that Franchisee must hold to carry on The Franchised Business;
  • (d) Franchisee voluntarily abandons The Franchised Business;
  • (e) Franchisee or a Guarantor is convicted of a serious offense;
  • (f) The Franchised Business is operated in a way that endangers public health or safety;

Source: Item 23 — Receipts (FDD pages 58–262)