When a franchise agreement contains a notice-and-cure provision,a franchisee's breach of the duty of honesty and fidelity is not enough to allow the franchisor to terminate the franchise.

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A notice-and-cure provision typically provides that the franchisor must give the franchisee notice of any breach and an opportunity to cure the breach before terminating the franchise agreement. However, certain breaches, such as a breach of the duty of honesty and fidelity, may be considered so serious that they cannot be cured and may justify immediate termination of the agreement, regardless of whether a notice-and-cure provision is in place.

When a Franchise Agreement Contains a Notice-And-Cure Provision,a Franchisee's Breach