What is Epcon Communities Franchising, LLC entitled to if the undersigned breaches any obligation or covenant?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- d.
The undersigned agrees that, in the event he or she breaches any obligation or covenant set forth or referenced herein, Epcon Communities Franchising, LLC and/or Franchisee and/or Sublicensee shall be entitled, without bond, to the entry of temporary and permanent injunctions and orders of specific performance as necessary to prohibit any violation of the terms of this Personal Covenants and Agreement document or any applicable law, ordinance, or regulation, or which is dishonest or misleading to Epcon Communities Franchising, LLC or the general public.
The undersigned agrees that such recitations, undertakings and covenants are fair and reasonable and will not deprive the undersigned of his or her respective livelihood.
The undersigned agrees that, in the event he or she breaches any obligation or covenant set forth or referenced herein, Epcon Communities Franchising, LLC or Franchisee shall be entitled to use of the remedies set forth in Article 14 ("Remedies") of the Franchise Agreement against the undersigned. In the event that the undersigned breaches its covenant set forth above, Epcon Communities Franchising, LLC or Franchisee shall have right to seek, and the undersigned agrees to pay, liquidated damages in the amounts set forth in Section 14.3 of the Franchise Agreement for each project developed by the undersigned in breach of such covenant.
Epcon Communities Franchising, LLC, or (d) ten (10) miles of any real estate development project of Epcon JV, LLC or of any business entity affiliated with Epcon JV, LLC. The determination of whether Section 2.c. has been breached by the undersigned, and the amount of damages payable to Epcon Communities Franchising, LLC as a result of such breach, shall be submitted to arbitration in Columbus, Ohio or another location agreed to by the parties. The arbitration shall be heard before a retired judge or attorney mutually acceptable to the parties. In the event the parties fail to agree upon an arbitrator after reasonable efforts, the arbitration shall be commenced by filing a demand for arbitration with the American Arbitration Association. The arbitration shall be binding on the parties and their successors with no right of appeal. The dispute resolution provisions contained in this Section shall constitute the sole and exclusive method for resolving any disputes between the parties arising under this Section except that Epcon Communities Franchising, LLC shall have the option to file a civil suit in cases in which it is seeking temporary, preliminary and/or permanent injunctive relief or other relief as set forth in Section 14.4 of the Franchise Agreement, in which case the undersigned agrees to venue and jurisdiction in United States District Court for the Southern District in Columbus, Ohio, or the Common Pleas Court of Franklin County, Ohio. The costs of the arbitration, including the arbitrator's fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities FDD, if the undersigned breaches any obligation or covenant, Epcon Communities Franchising, LLC, Franchisee, and/or Sublicensee are entitled to temporary and permanent injunctions and orders of specific performance, without bond. These injunctions and orders are intended to prohibit any violation of the Personal Covenants and Agreement document, any applicable law, ordinance, or regulation, or any dishonest or misleading actions towards Epcon Communities Franchising, LLC or the general public.
Additionally, Epcon Communities Franchising, LLC or Franchisee can utilize the remedies outlined in Article 14 ("Remedies") of the Franchise Agreement against the breaching party. If the breach involves the covenant, Epcon Communities Franchising, LLC or Franchisee has the right to seek, and the breaching party agrees to pay, liquidated damages as specified in Section 14.3 of the Franchise Agreement for each project developed in violation of the covenant.
Furthermore, the determination of whether Section 2.c has been breached and the amount of damages payable to Epcon Communities Franchising, LLC will be submitted to arbitration in Columbus, Ohio, or another agreed-upon location. This arbitration will be binding, with no right of appeal, and the costs will be equally shared unless the arbitrator orders otherwise. However, Epcon Communities Franchising, LLC retains the option to file a civil suit seeking injunctive relief or other remedies as set forth in Section 14.4 of the Franchise Agreement, in which case the undersigned agrees to venue and jurisdiction in specific courts in Ohio.