Under what circumstances can Cinnaholic terminate the franchise agreement immediately without a cure period?

mmenced and is continuing to make good faith efforts to cure such breach, Franchisor shall be given an additional 60 day period to cure the same, and this Agreement shall not terminate. In the event of termination by Franchisee, all post-termination obligations of Franchisee described herein shall not be waived but shall be strictly adhered to by Franchisee.

• 21.2. Termination by Franchisor without a Cure Period. Franchisor may immediately terminate this Agreement upon written notice to Franchisee, without opportunity to cure, if:

• (i) Franchisee files a petition under any bankruptcy or reorganization law, becomes insolvent, or has a trustee or receiver appointed by a court of competent jurisdiction for all or any part of its property;

• (ii) Following commencement of the operation of the Bakery, Franchisee ceases to operate the Bakery at the Franchised Site;

• (iii) Franchisee seeks to effect a plan of liquidation, reorganization, composition or arrangement of its affairs, whether or not the same shall be subsequently approved by a court of competent jurisdiction; it being understood that in no event shall this Agreement or any right or interest hereunder be deemed an asset in any insolvency, receivership, bankruptcy, composition, liquidation, arrangement or reorganization proceeding;

• (iv) Franchisee has an involuntary proceeding filed against it under any bankruptcy, reorganization, or similar law and such proceeding is not dismissed within 60 days thereafter;

  • (v) Franchisee makes a general assignment for the benefit of its creditors;

• (vi) Franchisee fails to pay when due any amount owed to Franchisor or its affiliates or subsidiaries, whether under this Agreement or not, and Franchisee does not correct such failure within 10 calendar days after written notice thereof is delivered to Franchisee;

• (vii) Franchisee fails to pay when due any amount owed to any creditor, supplier or lessor of the Bakery or the Franchised Site or any taxing authority for federal, state or local taxes (other than amounts being bona fide disputed through appropriate proceedings) and Franchisee does not correct such failure within 10 calendar days after written notice is delivered thereof to Franchisee;

• (viii) Franchisee fails to commence operation of the Bakery at the Franchised Site within 14 months after execution of this Agreement, except for any delay that is agreed to in writing by the Franchisor, in its sole discretion;

• (ix) Franchisee or any of Franchisee's owners are convicted of or plead no contest to a felony, a crime involving moral turpitude or any other crime or offense that is likely to adversely affect the reputation of the CINNAHOLIC® System and the goodwill associated with the Marks;

• (x) Franchisee operatesthe Bakery or any phase of the franchised business in a manner that presents a health or safety hazard to Franchisee's customers, employees or the public;

• (xi) Franchisee makes a material misrepresentation to Franchisor before or after being granted the franchise;

• (xii)

Source: Item 22 — CONTRACTS (FDD pages 61–62)