With no explanation, chose the best option from "A", "B", "C" or "D". enforcing the termi nation of the parties’ franchise agreement. Defendants have stipulated that they intentionally underreported gross sales, intentionally underpaid their obligations, and falsified financial records. The parties agreed in the franchise agreement that this kind of conduct constitutes grounds for termination without the opportunity for cure. See Franchise Agreement ¶ 9B4. Plaintiff moves this Court for an order giving effect to the parties’ contractual choice of remedies for such intentional un-derreporting. The Court finds that plaintiff is entitled to an order enforcing the termination of the parties’ franchise agreement. This finding is supported by the cases cited by plaintiff. See ARP Films, Inc. v. Marvel Entertainment Group, Inc., 952 F.2d 643, 649 (2d Cir.1991) (<HOLDING>); The Southland Corp. v. Mir, 748 F.Supp. 969,

A: holding that a lawsuit for failure to pay on an insurance contract does not sound in tort
B: holding that failure to pay sales taxes is a breach of trust
C: recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract
D: holding that failure to pay obligations under a contract is a material breach as a matter of law when parties explicitly state in the contract that failure to pay warrants termination
D.