What is the definition of 'Provider Site' in the agreement for Advanced Mobile Iv And Amiv?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
E. Provider Site. The Parties acknowledge that MSO and Provider shall provide the majority of the Professional Services and Provider Services under this Agreement on a mobile basis, in line with MSO's existing "mobile IV hydration" model. When applicable, MSO shall provide to Provider, for Provider's non-exclusive use, a Provider Site, together with all appurtenances, improvements and fixtures (the "Premises"), subject to a sublease or other document agreed upon by MSO or its landlord (the "Sublease Agreement") if so required by the landlord, for the term of this Agreement (or the Sublease Agreement, as the case may be), the address and square footage of which shall be decided at a time when the Parties decided such a location is needed. Provider shall have the right to peaceably and quietly have, hold, and enjoy possession of the Premises, free from unreasonable interference or annoyance by MSO. MSO shall provide or arrange for the provision of all of the lessee maintenance and repair obligations for the Provider Site that are required to be performed pursuant to the terms of the Provider Site lease between MSO and its landlord, as applicable, and any and all other maintenance and repairs to the Provider Site, which MSO, after consultation with Provider, determines to be necessary. MSO shall provide or arrange for all utilities and building services related to the utilization by Provider of the Premises. Provider shall reimburse MSO for the costs of any such space, including costs of any rent, tenant improvements, utilities, real property taxes, insurance, housekeeping, and facility maintenance. Provider agrees to indemnify MSO for any damage Provider or any of its personnel, patients, or other invitees do to the Provider Site. Provider acknowledges that this Agreement and MSO's provision of the Provider Site's space to Provider gives Provider only a conditional right to use the Provider Site, which right shall automatically expire, without notice or further action by MSO, upon the expiration or termination of this Agreement, and Provider shall immediately vacate the Provider Site upon such expiration or termination. Provider will not have any leasehold or other real property interest in or to the Provider Site.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, a 'Provider Site' is defined within the context of the agreement between the MSO (Management Services Organization) and the Provider (franchisee). The agreement anticipates that the majority of professional services will be delivered on a mobile basis, aligning with Advanced Mobile Iv And Amiv's existing mobile IV hydration model. However, when a physical location is deemed necessary, Advanced Mobile Iv And Amiv will provide the franchisee with a Provider Site for their non-exclusive use. This site includes all associated appurtenances, improvements, and fixtures, collectively referred to as the 'Premises.'
The franchisee's use of the Provider Site is governed by a sublease or another document agreed upon by Advanced Mobile Iv And Amiv or its landlord, termed the 'Sublease Agreement,' if required by the landlord. The specific address and square footage of the Provider Site will be determined when both parties agree that such a location is needed. The franchisee has the right to peaceful possession of the Premises without unreasonable interference from Advanced Mobile Iv And Amiv. Advanced Mobile Iv And Amiv is responsible for the lessee's maintenance and repair obligations as stipulated in the Provider Site lease with its landlord, as well as any other necessary maintenance and repairs, following consultation with the franchisee. Additionally, Advanced Mobile Iv And Amiv will provide or arrange for all utilities and building services related to the franchisee's use of the Premises.
The franchisee is responsible for reimbursing Advanced Mobile Iv And Amiv for the costs associated with the Provider Site, including rent, tenant improvements, utilities, real property taxes, insurance, housekeeping, and facility maintenance. The franchisee also agrees to indemnify Advanced Mobile Iv And Amiv for any damages caused to the Provider Site by the franchisee, their personnel, patients, or invitees. It is important to note that the franchisee's right to use the Provider Site is conditional and tied to the term of the franchise agreement. Upon expiration or termination of the agreement, the franchisee's right to use the Provider Site automatically expires, and they must immediately vacate the premises. The franchisee does not acquire any leasehold or other real property interest in the Provider Site.