Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-01920-IVIRK Document 114-7 Filed 10/24/2003 Page 1 012

Case 3:02-cv-01920-IVIRK Document 1 14-7 Fjled 10/24/2003 Page 2 of 2
9. B. Except as otherwise provided in Paragraph 9 of this Agreement, FRANCHISEE shall have the right to cure Cure Period
FFiANCHlSEE's default under this Agreement within the applicable period set forth below, following written notice of
default from DUNKlN' DONUTS. ln the event that a statute in the state wherein the DUNKlN' DONUTS SHOP is located
requires a cure period for the applicable default which is longer than the cure period specihed below, the statutory cure
period shall apply.
9. 8.1. A twenty four (24) hour cure period shall apply to the violation of any law, regulation, order or DUNKlN'
DONUTS standard relating to health, sanitation or safety; or if the FRANCHISEE ceases to operate, but does not
abandon, the DUNKlN' DONUTS SHOP fora period of forty eight (48) hours without the prior written consent of DUNKlN'
DONUTS.
9. 8.2. A seven (7) day cure period shall apply if FFiANCHlSEE fails, refuses, or neglects to pay when due to
DUNKlN' DONUTS any monies owing to DUNKlN' DONUTS or to the Fund, or if FRANCHISE-EE fails to maintain the
insurance coverage set forth in Paragraph 5.J. of this Agreement.
9. B.3. A thirty (30) day cure period shall apply if FRANCHISEE fails to comply with any of FRANCHlSEE's
obligations under this Agreement, unless otherwise specified in Paragraph 9 of this Agreement, or if FRANCHISEE fails
to carry out in all respects its obligations under any lease for the DUNKlN' DONUTS SHOP, or under any mortgage, SEE ADDENDUM
equipment agreement, promissory note, conditional sales contract or other contract materially afiécting the DUNKlN'
DONUTS SHOP to which FRANCHISEE is a party or by which the FRANCHISEE is bound, whether or not DUNKlN'
DONUTS is a party thereto. -
9. 8.4. No cure period shall be available if FRANCHlSEE abandons the DUNKlN' DONUTS SHOP; or if No Cure Period
FFiANCHlSEE intentionally underreports GROSS SALES or falsifies financial data; or lf FRANCHlSEE's lease for the SEE ADDENDUM
DUNKlN' DONUTS SHOP with DUNKlN' DONUTS or a subsidiary of DUNKlN' DONUTS is terminated or expires.