What constitutes a waiver of terms and conditions in the Advanced Mobile Iv And Amiv agreement?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
9.4 Waiver. A waiver of any breach of any provision, term, covenant, or condition of this Agreement will not be a waiver of any subsequent breach of the same or any other provision, term, covenant, or condition.
Any waiver of any provision of this Agreement must be set forth in writing and signed by the party granting the waiver. Any waiver we grant will not prejudice any other rights we may have, and will be subject to our continuing review. We may revoke any waiver, in our sole discretion, at any time and for any reason, effective upon delivery to you of 10 days prior written notice of revocation. Customs or practices of the parties in variance with the terms of this Agreement will not constitute a waiver of our right to demand exact compliance with the terms of this Agreement. Our delay, waiver, forbearance, or omission to exercise any power or rights arising out of any breach or default by you of any of the terms, provisions, or covenants of this Agreement, will not affect or impair our rights and will not constitute a waiver by us of any right or of the right to declare any subsequent breach or default. Our subsequent acceptance of any payment due to us will not be deemed to be a waiver by us of any preceding breach by you of any terms, covenants or conditions of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to the 2023 Advanced Mobile Iv And Amiv Franchise Disclosure Document, a waiver of any term or condition within the franchise agreement must be documented in writing and signed by the party granting the waiver. This means that any verbal agreements or implied understandings will not be considered a valid waiver.
Advanced Mobile Iv And Amiv retains significant control over waivers. Any waiver they grant does not negatively impact their other rights and remains subject to ongoing review. Advanced Mobile Iv And Amiv also has the right to revoke any waiver at their discretion, at any time, and for any reason. To revoke a waiver, Advanced Mobile Iv And Amiv must provide the franchisee with 10 days' prior written notice.
The franchise agreement explicitly states that the customs or practices of either party that deviate from the agreement's terms do not constitute a waiver of Advanced Mobile Iv And Amiv's right to demand strict compliance with the original terms. Furthermore, any delay, waiver, forbearance, or omission by Advanced Mobile Iv And Amiv to exercise its rights due to a breach by the franchisee does not affect or impair Advanced Mobile Iv And Amiv's rights, nor does it represent a waiver of the right to declare any subsequent breach or default. The acceptance of payment by Advanced Mobile Iv And Amiv does not constitute a waiver of any prior breach of the agreement by the franchisee.