What are the parties required to do to enable the performance of their obligations under the Apricot Lane amendment?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
The Parties shall do and cause to be done all such acts, matters and things and shall execute and deliver all such documents and instruments as shall be required to enable the Parties to perform their respective obligations under, and to give effect to the transactions contemplated by, this Amendment.
IN WITNESS WHEREOF, this Amendment is entered into by the duly authorized representatives of the Parties and made effective as of the date above written.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, to enable the parties to perform their obligations under the amendment, they must execute and deliver all required documents and instruments and perform all necessary actions. The amendment becomes effective when each party has signed at least one counterpart. To facilitate execution by geographically separated parties, the amendment can be executed in two or more counterparts, which together constitute one agreement. Facsimile or scanned executions are treated as originals.
This means that both Apricot Lane and the franchisee must sign the amendment to the franchise agreement. They must also provide any documents or take any actions necessary to fulfill the terms of the amendment. This could include providing financial information, obtaining necessary permits, or completing training programs. The amendment is effective once both parties have signed a copy, even if they sign different copies and exchange them.
This clause ensures that the amendment is legally binding and that both parties are committed to fulfilling their obligations. It also provides flexibility in the execution process, allowing parties in different locations to sign separate copies of the agreement. Prospective franchisees should carefully review the amendment and ensure they understand their obligations before signing.