factual

Where in the Aplus FDD can I find the definition of 'Interim Period'?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

based on the tax rate that is in effect on the first day of the month, and is only applicable to cigarette products that are authorized as a part of the APLUS cigarette planograms; (k) car wash and automotive repairs; and (l) proprietary SUNOCO food service businesses and convenience store product offerings from which no royalty is collected in accordance with the terms of the applicable participation agreement.

  • "Incapacity" means the inability of Franchisee, or any holder of a legal or beneficial interest in Franchisee, to operate or oversee the operation of the Franchised Business on a regular basis by reason of any continuing physical, mental or emotional condition, chemical dependency or other limitation.
  • "Indemnified Parties" has the meaning given to such term in Section 21.3.
  • "Interim Period" has the meaning given to such term in Section 4.3.
  • "Internet" means any one or more local or global interactive communications media that is now available, or that may become available, including sites and domain names on the World Wide Web.
  • "Leased APLUS Store" means an APLUS Store that is operated by the Franchisee, and the Franchisor owns or has a direct property interest in the premises or equipment in the APLUS Store.
  • "Marketing Fee" has the meaning given to such term in Section 11.1.
  • "Marketing Program" has the meaning given to it in Section 11.1.1.
  • "Marks" means the service marks APLUS, and such other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols as Franchisor may designate to be used in connection with Franchised Business.
  • "Minimum Monthly Royalty Fee" has the meaning given to such term in Section 3.3 and as further described in Attachment 1.
  • "Non-Leased APLUS Store" means an APLUS Store that is owned and operated by the Franchisee, and Franchisor has no direct property interest in the premises of the Store.
  • "Notice of Readiness" means Franchisor's notice to you confirming the date the Premises are available for use and occupancy, which also solidifies the Commencement Date.
  • "Owner" means the individual or individuals who have an ownership interest in Franchisee.
  • "Premises" means the physical Store location, together with all buildings and improvements now or hereafter constructed thereon.
  • "Royalty Fee" has the meaning given to such term in Section 3.2 and as further described in Attachment 1.
  • "Store" means the APLUS Franchised Business constructed or to be constructed at the Premises identified in the Summary Page.
  • "SUNOCO Station" means a SUNOCO branded fueling station.
  • "System" means the uniform standards, methods, procedures and specifications, including the Manual, developed by Franchisor and as may be added to, changed, modified, withdrawn, or otherwise revised by Franchisor for the operation of an APLUS and/or SUNOCO Franchised Businesses.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, the definition of 'Interim Period' can be found in two places. Item 23 includes a list of defined terms used in the agreement. This list states that the definition of "Interim Period" is provided in Section 4.3 of the agreement.

Section 4.3 further elaborates on the meaning of 'Interim Period.' It explains that if the Franchise Agreement expires without the franchisee properly exercising its renewal right, and the franchisee continues to operate, Aplus has the option to treat the agreement as either expired or continued on a month-to-month basis. This month-to-month continuation is referred to as the "Interim Period".

During this Interim Period, all obligations of the franchisee remain in full force, as if the agreement had not expired. Upon termination of the Interim Period, all obligations and restrictions imposed on the franchisee upon expiration of the agreement take effect. This means that the franchisee must continue to adhere to the terms of the original agreement, including payment of fees and adherence to operational standards, until the Interim Period is terminated.

Disclaimer: This information is extracted from the 2024 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.