For an Aplus franchise, who is responsible for pruning trees to improve image and visibility and to prevent structural, electrical and/or underground damage caused by roots and limbs?

gree:

• (a) not to permit smoking near pumps and tank trucks;
• (b) to store oil-soaked rags only in covered metal containers;
• (c) to notify Sunoco immediately in writing of any unsafe conditions; and
• (d) not to use the Premises as living quarters.

Other Safety Rules and Regulations

(3) You agree to comply with all other safety rules and regulations promulgated from time to time by Sunoco or public authorities.

Hours of Operation

• (E) If the APlus Franchise Agreement is terminated or not in effect for any reason and the Premises Lease is in effect, you agree to maintain inventories of, and to offer to sell to the public at retail, all grades of Motor Fuel offered by Sunoco during the hours of operation specified in Part I herein.
• 1.18 Exclusive Control of Premises by You.
  • (A) You shall exercise and be responsible for the exclusive control of the Premises and all activities conducted thereon. You shall undertake all obligations hereunder as an independent contractor. Neither you nor your employees shall hold yourself or themselves out at any time as employees or agents of Sunoco.
    • (1) You shall be solely responsible for the hiring, discipline, training, discharge, compensation, benefits, management, control, work rules, and payment and withholding of all payroll and other taxes imposed upon or determined by wages and salaries of all personnel used or employed by you, or on your behalf in connection with your business.
    • (2) You shall be solely responsible for the continuous display on the exterior of the building in a conspicuous manner at a point visible and accessible to the public and as specified on the APlus Store Permanent Decal Kit as provided to you by Sunoco, a legible sign meeting Sunoco's specifications, showing that you are the proprietor of the business being conducted thereon. Notwithstanding the foregoing, you shall grant access at all times to the ATM site (if any) to the general public as well as to representatives of the bank or its affiliates or agents including ingress to, temporary parking on, and egress from, the site for the purpose of installation, maintenance, use and removal of all or any part of the equipment involved.

• (3) You shall be solely responsible for full compliance with the terms and conditions set forth herein and for ensuring that those employed by you know how to operate the business in a safe and proper manner. As part of this obligation, you shall have present at the Premises during all operating hours an employee who has the ability to communicate with the public in the English language.
• (4) Without limiting your status and obligations as an independent contractor under 2.08(A) above, you shall be solely responsible for implementation and maintenance procedures for safe operation of the APlus Store, including safe cash handling and employee training. Sunoco and you expressly acknowledge that you are solely responsible for the security of all persons at the Premises, including customers, contractors, and employees. Nothing contained in this Lease may be construed as: (a) an assumption by Sunoco of any duty owed by you to any person, including any customer, contractor, or employee; or (b) giving Sunoco the right to control your provision of security measures at the Premises.

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