For Aplus franchises, under what circumstances does Sunoco have unrestricted rights of ingress and egress to the Premises?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (A) Sunoco, including its representatives and contractors, shall have full unrestricted rights of ingress and egress to the Premises at any time during normal business hours, for purposes of: (1) conducting inspections and maintenance of Premises and Loaned Equipment; (2) to engage in the audit, examination, and inventory of your merchandise, Motor Fuels, and accounting records, as provided herein; (3) to determine your compliance with this Lease; and (4) as otherwise necessary to exercise Sunoco's rights, options, and privileges under this Lease, including access for purposes of remedying any default or omission by you.
- (B) Sunoco is not liable to you for interruption of business or loss of profits resulting from Sunoco's exercise, in a reasonable manner, of its rights, options, and privileges under this Lease.
- (C) Sunoco also reserves the right to enter the Premises to reconstruct or modernize the Premises. This right includes the right to totally tear down and rebuild, change, or add physical structures or other improvements deemed necessary or desirable by Sunoco to facilitate modernization of the APlus facilities and Loaned Equipment on the Premises or to enter upon the Premises to change, alter or modify its service marks, trade dress, service names, and other similar indicia. If Sunoco elects to reconstruct or modernize the Premises, the fees prescribed in Sections 1.03, 1.04, 2.05(A), 2.05(C), and 2.05(D) shall abate to the extent such construction or modernization work renders the Premises not usable for their normal functions. If Sunoco reconstructs or modernizes the Premises, the Term of this Lease shall not be extended. Based upon the scope of the remodeling or reconstruction performed at the Premises, Sunoco reserves the right to charge additional Monthly Fees pursuant to Section 2.05(B). You will be provided prior written notice of the increase in monthly fees.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Sunoco, including its representatives and contractors, has full unrestricted rights of ingress and egress to the Aplus premises under specific circumstances. These rights are applicable at any time during normal business hours.
Sunoco can access the premises for conducting inspections and maintenance of the premises and any loaned equipment. They can also audit, examine, and inventory the franchisee's merchandise, motor fuels, and accounting records. This access is also granted to ensure the franchisee's compliance with the lease agreement.
Additionally, Sunoco can exercise its rights, options, and privileges under the lease, including addressing any defaults or omissions by the franchisee. However, Sunoco is not liable for business interruptions or lost profits resulting from the reasonable exercise of these rights. Sunoco also reserves the right to enter the premises for reconstruction or modernization, including tearing down and rebuilding or adding structures to modernize Aplus facilities and equipment or modify service marks.