Does the Guaranty agreement state that each covenant is independent of other covenants in the Desi District Franchise Agreement?

According to Desi District's 2024 Franchise Disclosure Document, the Guaranty and Non-Compete Agreement includes a clause addressing the interpretation of its covenants. Specifically, the agreement states that each covenant within the Guaranty, as well as each covenant or provision within the Franchise Agreement itself, is considered independent of one another. This means that if one part of the agreement is found to be unenforceable, it does not automatically invalidate the remaining parts.

This independence clause is designed to protect Desi District's interests by ensuring that the entire agreement does not collapse if a single provision is challenged or deemed invalid. For a potential franchisee, this signifies that their obligations under the Franchise Agreement and the Guaranty are distinct and enforceable, regardless of the status of other provisions.

Furthermore, the Guaranty outlines a process for modifying restrictions if a court or arbitrator finds them unenforceable or unreasonable. In such cases, the parties intend for the restriction to be modified to the extent necessary to protect Desi District's legitimate business interests. This demonstrates an intent to maintain the enforceability of the agreement to the fullest extent possible while adhering to legal standards of reasonableness.