What are some examples of defaults that could lead to termination of the Dryject franchise agreement?

ny such default is not cured within the time as specified by Us, this Agreement shall terminate effective immediately without further notice to You. You shall be in default under this Agreement for failure to comply with any of the requirements imposed by the Agreement, or for failure to carry out the terms of this Agreement in good faith. Such defaults include, but are not limited to:

• (i) A failure by You to remit any payments when due under this Agreement;

• (ii) A failure by You to establish, equip, maintain, or update the Franchised Business in accordance with Our System Standards;

• (iii) A failure by You to submit to Us financial reports or other information required under this Agreement, or a failure to allow reasonable access to Your records within the time periods required by this Agreement;

• (iv) A failure by You to operate the Franchised Business in accordance with Our Operations Manual or other manuals, or a failure by You to use products, methods, equipment or suppliers which conform to Our System Standards, or Your failure to maintain Our System Standards of quality service in the operation of the Franchised Business;

• (v) A failure by You to obtain Our prior written approval or consent as expressly required by this Agreement;

• (vi) A failure by You to accurately or completely record all sales made in, upon or from the Franchised Business at the time of sale;

• (vii) A breach by You of any other covenant, term, or provision of this Agreement;

• (viii) A failure by You to open the Franchised Business within one hundred and eighty (180) days of the execution of this Agreement;

• (ix) A failure by You to comply with any of Your agreements with any third parties as related to the Franchised Business; or,

• (x) A failure by You to consistently pay the debts of the Franchised Business as they become due.

• (c) In the event You are delivered two (2) or more notices of Material Breach from Us within a twelve (12) month period pertaining to any one (1) or more of the foregoing events of default whether or not cured after notice, during the initial Term or any renewal terms of this Agreement, We shall have the right to terminate this Agreement. The effective date of any such termination notice under this Subsection shall be upon the expiration of Your receipt of three (3) days written notice to that effect, or such longer period as may be required by law.

• (d) Notwithstanding the foregoing, We shall deem You to be in material breach and, at Our option, may terminate this Agreement and all rights granted under it, without affording You any opportunity to cure the breach, effective immediately after written notice of termination is received by You, if You do any of the following:

  • (i) Abandon, vacate, desert, surrender, transfer control or otherwise cease operation of the Franchised Business, or fail to continuously and actively operate the Franchised Business, or to do so for a period of five (5) consecutive days or any shorter period during the Franchised Business' operational season that indicates an intent by You to discontinue operation of the Franchised Business without Our express written consent, unless and only to the extent that You are precluded from doing so by damage to the Franchised Business due to war, act of God, civil disturbance, natural disaster, labor dispute or other events beyond Your reasonable control, and so long as within one hundred eighty (180) days, You have begun and diligently pursued relocation or re-establishment of the Franchised Business;
  • (ii) Misuse the Licensed Rights, or any other names, marks, e-marks, systems, insignias, symbols, copyrights or rights provided by Us to You, or otherwise materially impair the goodwill associated therewith the Licenses Rights, or if You shall use at the Franchised Business any names, marks, e-marks, systems, insignias, symbols or copyrights

not authorized by Us;

• (iii) Consistently (e.g. twice or more in any twelve (12) month period) fail or refuse to submit when due any financial statement, tax return or schedule, or to pay when due the Royalty Service Fees or any other payments or to submit any required reports due to Us;
• (iv) Intentionally underreport Gross Revenues in any amount or negligently underreport Gross Revenues by five percent (5%) or more during any reporting period;

Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)