Extract to table

Gross Room Revenue shall not include applicable state and local room taxes collected by the franchisee on behalf of taxing authorities

1 provides that upon the occurrence of a material breach by the franchisee, Verimark shall provide written notice specifying the nature of the breach, and the franchisee shall have 30 calendar days from receipt of such notice to cure the breach to Verimark's reasonable satisfaction

1, the following shall constitute material breaches that are incapable of cure

510, as amended effective May 1, 2021, a court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

In evaluating a motion for summary judgment, the court must view all facts and draw all reasonable inferences in the light most favorable to the non-moving party

Where, as here, the non-movant opposes summary judgment by presenting affirmative evidence creating genuine disputes of material fact, the motion must be denied and the case must proceed to trial