How must a waiver of any provision of the Advanced Mobile Iv And Amiv franchise agreement be documented?
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, any waiver of a provision within the franchise agreement must be documented in writing and signed by the party who is granting the waiver. This means that if Advanced Mobile Iv And Amiv chooses to waive a franchisee's obligation or a specific requirement outlined in the agreement, they must provide a written document that clearly states the waiver and is signed by an authorized representative of Advanced Mobile Iv And Amiv.
Advanced Mobile Iv And Amiv's waiver will not compromise any other rights that they may have and will be subject to continuing review. Advanced Mobile Iv And Amiv retains 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 a 10 days prior written notice of revocation.
The franchise agreement specifies that the customs or practices of the parties that differ from the agreement's terms do not constitute a waiver of Advanced Mobile Iv And Amiv's right to demand strict compliance with the agreement. Furthermore, any delay, waiver, forbearance, or omission by Advanced Mobile Iv And Amiv to exercise its rights due to a breach or default by the franchisee does not affect or impair Advanced Mobile Iv And Amiv's rights, nor does it constitute a waiver of the right to declare any subsequent breach or default. The acceptance of any payment by Advanced Mobile Iv And Amiv does not waive any preceding breach by the franchisee.