What payments are required for an Aplus franchisee to maintain quiet possession of the Premises and Loaned Equipment?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
Ouiet Possession
(B) Sunoco agrees that, upon payment of the Rent, Royalty, and fees and the performance by you of your covenants and obligations herein and fulfillment by you of all conditions herein prescribed, subject to all provisions of this Lease, you shall and may peaceably hold and enjoy the use and possession of the Premises and Loaned Equipment.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, a franchisee must pay rent, royalties, and fees, as well as fulfill all obligations and conditions outlined in the lease, to peaceably hold and enjoy the use and possession of the Premises and Loaned Equipment. This means that as long as the franchisee is current on all required payments and adheres to the terms of the lease agreement, Aplus agrees to allow the franchisee to operate their business without interference.
This "quiet possession" clause is a standard component of lease agreements, ensuring that the tenant can conduct business without undue disturbance from the landlord, provided they meet their contractual obligations. For a prospective Aplus franchisee, this provides assurance that their business operations will not be disrupted as long as they remain in compliance with the lease terms and payment schedules.
It is important for the franchisee to carefully review the lease agreement to fully understand all covenants, obligations, and conditions that must be met to maintain quiet possession. Failure to meet these requirements could result in a breach of the lease and potential loss of the right to operate the Aplus franchise at the specified location.