factual

If Aerus elects to cure a default, how long does Aerus have to cure the default?

Aerus Franchise · 2025 FDD

Answer from 2025 FDD Document

In the event of Tenant's default under the terms of the Lease, Company may, but is not required to, cure the default and may assume the lease in Company's name.

If Company elects to cure the default and assume the Lease, Company shall, within thirty (30) days after Company receives notice of the default, notify Landlord of its intent to cure such default and to assume the Lease.

Company shall cure the default within thirty (30) days of such election or, if the default cannot be reasonably cured within such thirty (30) day period, then Company shall commence and proceed to cure the default within such time as is reasonably necessary to cure the default.

Source: Item 23 — Receipts (FDD pages 74–305)

What This Means (2025 FDD)

According to Aerus's 2025 Franchise Disclosure Document, in the event of a tenant's default under the terms of a lease, Aerus has the option, but not the obligation, to cure the default and assume the lease in its own name. If Aerus chooses to cure the default and assume the lease, it must notify the landlord of its intent to do so within thirty (30) days after receiving notice of the default.

Following this notification, Aerus is required to cure the default within thirty (30) days of electing to do so. However, if the default cannot be reasonably resolved within this initial 30-day period, Aerus must commence and diligently pursue the cure until it is completed within a time frame that is considered reasonably necessary to address the default.

This clause protects Aerus by allowing them to step in and maintain control of the business location if a franchisee defaults on their lease obligations. It also provides a framework for how Aerus will interact with the landlord, ensuring a smooth transition if Aerus decides to assume the lease. This could be beneficial for Aerus, as it allows them to continue operations at a specific location, but it also carries the responsibility of fulfilling the lease obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.