Does Apricot Lane have an obligation to cure any deficiency under the lease if the tenant fails to do so?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
ligation, to take possession of the Premises and cause the Premises to be continuously operated as required by this Lease notwithstanding such default until such time as the Premises are assigned to another franchisee, in which event all of the terms and provisions set forth herein shall be applicable to such assignment.
Upon an assignment by Franchisor to a franchisee other than Tenant as provided above, Franchisor shall be released from any and all liabilities under this Lease.
3) FRANCHISOR RIGHT TO CURE
Franchisor shall have the right, but not the obligation, at Franchisor's sole option, to cure any deficiency under the lease within thirty (30) business days after the expiration of the period in which the Tenant may cure default should Tenant fail to do so.
4) RENEWAL
Landlord agrees to allow Franchisor an additional ten (10) days beyond Tenant notification period to exercise any renewal option under the lease for its own account as a substitute lessee for the renewal term should Tenant fail to take any actions or provide any notices required to exercise the renewal option.
5) NOTICE AND DEFAULT
Landlord will provide, in writing, any communications between Tenant (or representative) and Landlord regarding any possible changes to the lease and will require Franchisor written approval. Tenant agrees that Landlord and Franchisor may freely communicate about matters relevant to the operation of the franchised business, the lease, any defaults and status of any renewals.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, Apricot Lane has the right, but not the obligation, to cure any deficiency under the lease if the tenant fails to do so. Specifically, Apricot Lane has the option to cure any lease default within thirty business days after the period in which the tenant has the opportunity to cure the default.
Additionally, if the Apricot Lane franchisee defaults under the Franchise Agreement, leading to its termination, or defaults under the lease beyond any notice and cure period, Apricot Lane has the right, but not the obligation, to assume all of the tenant's obligations under the lease. To do so, Apricot Lane must provide written notice to the landlord within 30 days of receiving written notice of the tenant's default. Upon assuming the lease, Apricot Lane is bound by its terms and conditions.
Furthermore, in certain situations, if the franchisee fails to cure a default under the lease after receiving notice, Apricot Lane, as the Assignee, can step in to cure the default. However, Apricot Lane incurs no liability or obligation related to the lease unless it takes possession of the premises and formally assumes the franchisee's obligations in writing.