Are Sunoco's remedies cumulative, concurrent, and in addition to any other remedies Sunoco may have at law or in equity or pursuant to the lease for an Aplus franchise?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
(C) Sunoco reserves the right to assess an additional Royalty Fee of one percent (1%) of your total Gross Sales in any month in which a default notice is issued on any deficiency for which a previous default notice had been issued within a twelve (12) month period. This additional one percent (1%) Monthly Royalty Fee shall be assessed on your total Gross Sales for the month in which the second default is issued and will be collected in the month following the notice of assessment to you.
- (D) The remedies set forth in (B) and (C) above are in addition to and not in waiver of Sunoco's other rights and remedies arising from such default(s) including termination or nonrenewal of this Lease.
1.30 Termination or Nonrenewal
Sunoco's Right to Terminate or Nonrenew
- (A) Except as provided by law, Sunoco may, in addition to any other remedies it may have and subject to the valid requirements of any applicable statute, terminate or nonrenew this Lease if any default or violation under the Motor Fuel Supply Agreement results in grounds for termination or nonrenewal as set forth in the Petroleum Marketing Practices Act, 15 U.S.C. § 2801 et seq.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Sunoco, the franchisor, retains the right to pursue various remedies for franchisee violations, in addition to other remedies it may have. Specifically, in the event of a default or violation under the Motor Fuel Supply Agreement, Sunoco can terminate or nonrenew the lease, subject to the Petroleum Marketing Practices Act (PMPA). This is in addition to any other remedies Sunoco may have.
If a franchisee fails to meet their obligations under the lease and does not correct the issue within five days of receiving notice from Sunoco, Sunoco can perform those obligations and charge the franchisee for the costs incurred. These costs are considered additional charges and are due within five days of demand.
Furthermore, Sunoco's rights to evict a franchisee and re-enter the premises remain in full effect even after the lease ends, unless a separate written agreement exists. This indicates that Sunoco's remedies are cumulative and ongoing, not limited to a single course of action or point in time. These remedies are in addition to any other remedies Sunoco may have.