Under the Aplus lease agreement, does a waiver by Sunoco or the franchisee of any lease provision constitute a waiver of a similar breach in the future or any other breach?

According to Aplus's 2024 Franchise Disclosure Document, the lease agreement specifies that if either Sunoco or the franchisee fails to enforce a specific provision of the lease, it does not prevent either party from demanding full performance of that provision at any later time. Furthermore, if either Sunoco or the franchisee waives a specific provision, this waiver will not be considered a waiver of any similar breach in the future, nor will it waive any other breach, nor will it nullify the effectiveness of the provision itself.

This means that Aplus franchisees cannot assume that leniency shown by Sunoco in one instance will apply to future situations. For example, if Sunoco overlooks a late payment once, they are still within their rights to demand timely payments and enforce penalties for late payments in the future. This clause protects Sunoco's ability to enforce the lease terms consistently.

Additionally, any changes to the lease agreement, including waivers, must be documented in writing and signed by both the franchisee and an authorized representative of Sunoco to be considered valid. This requirement ensures that all modifications are formally agreed upon and prevents misunderstandings or disputes based on verbal agreements or assumptions. This protects both the Aplus franchisee and Sunoco by requiring written documentation of any changes to the lease agreement.