Under what circumstances can Monicals Pizza terminate the franchise agreement without allowing the franchisee an opportunity to cure?

• 16.2.1 Franchisor has the right to terminate this Agreement, without any opportunity to cure by Franchisee, if Franchisee:

• 16.2.1.1 fails to select an approved site for, or establish, equip and commence operations of, the Franchised Restaurant pursuant to Section 5, or if Franchisor and Franchisee do not agree upon a substitute site pursuant to Section 5.9;

• 16.2.1.2 fails to have its Designated Manager satisfactorily complete the initial training program pursuant to Section 8;

• 16.2.1.3 made any material misrepresentation or omission in its application for the Franchise or otherwise to Franchisor in the course of entering into this Agreement;

• 16.2.1.4 is convicted of or pleads no contest to a felony or other crime or offense that is likely to adversely affect the reputation of Franchisor, Franchisee or the Franchised Restaurant;

• 16.2.1.5 after notice to cure, fails to refrain from activities, behavior or conduct likely to adversely affect the reputation of Franchisor, Franchisee or the Franchised Restaurant;

• 16.2.1.6 discloses, duplicates or otherwise uses in an unauthorized manner any portion of the Confidential Operations Manual or any Trade Secret or other Confidential Information;

• 16.2.1.7 abandons, fails or refuses to actively operate the Franchised Restaurant for five (5) or more consecutive days (unless the Franchised Restaurant has not been operational for a purpose approved by Franchisor);

• 16.2.1.8 surrenders or transfers control of the operation of the Franchised Restaurant, makes or attempts to make an unauthorized direct or indirect assignment of the Franchise or of an ownership interest in Franchisee, or fails or refuses to assign the Franchise or the interest in Franchisee of a deceased or incapacitated owner thereof, as herein required;

Source: Item 23 — RECEIPTS (FDD pages 46–257)