Is Chocolate Fish Coffee Franchising obligated to cure a franchisee's default?

nded an additional day for each day of noncompliance.

• 13.3 General Manager and Key Employees. If requested by Chocolate Fish Franchising, Franchisee will cause its general manager and other key employees to sign Chocolate Fish Franchising's then-current form of confidentiality and non-compete agreement (unless prohibited by applicable law).

ARTICLE 14. DEFAULT AND TERMINATION

14.1 Termination by Franchisee. Franchisee may terminate this Agreement only if Chocolate Fish Franchising violates a material provision of this Agreement and fails to cure or to make substantial progress toward curing the violation within 30 days after receiving written notice from Franchisee detailing the alleged default. Termination by Franchisee is effective 10 days after Chocolate Fish Franchising receives written notice of termination.

14.2 Termination by Chocolate Fish Franchising.

(a) Subject to 10-Day Cure Period. Chocolate Fish Franchising may terminate this Agreement if Franchisee does not make any payment to Chocolate Fish Franchising when due, or if Franchisee does not have sufficient funds in its account when Chocolate Fish Franchising

attempts an electronic funds withdrawal, and Franchisee fails to cure such non-payment within 10 days after Chocolate Fish Franchising gives notice to Franchisee of such breach.

• (b) Subject to 30-Day Cure Period. If Franchisee breaches this Agreement in any manner not described in subsection (a) or (c), and Franchisee fails to cure such breach to Chocolate Fish Franchising's satisfaction within 30 days after Chocolate Fish Franchising gives notice to Franchisee of such breach, then Chocolate Fish Franchising may terminate this Agreement.
• (c) Without Cure Period. Chocolate Fish Franchising may terminate this Agreement by giving notice to Franchisee, without opportunity to cure, if any of the following occur:
  • (i) Franchisee misrepresented or omitted material facts when applying to be a franchisee, or breaches any representation in this Agreement;
  • (ii) Franchisee knowingly submits any false report or knowingly provides any other false information to Chocolate Fish Franchising;
  • (iii) a receiver or trustee for the Business or all or substantially all of Franchisee's property is appointed by any court, or Franchisee makes a general assignment for the benefit of Franchisee's creditors, or Franchisee is unable to pay its debts as they become due, or a levy or execution is made against the Business, or an attachment or lien remains on the Business for 30 days unless the attachment or lien is being duly contested in good faith by Franchisee, or a petition in bankruptcy is filed by Franchisee, or such a petition is filed against or consented to by Franchisee and the petition is not dismissed within 45 days, or Franchisee is adjudicated as bankrupt;
  • (iv) Franchisee fails to open for business by the date specified on the Summary Page;
  • (v) Franchisee loses possession of the Location;

Source: Item 23 — RECEIPTS (FDD pages 41–119)