Are Landlord and Franchisee required to notify Azal Coffee of any modification of the Lease?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
10. Other Notices.
- (a) Landlord and Franchisee must give Franchisor 30 days prior written notice of: (i) the cancellation or termination of the Lease prior to the expiration date of the lease; (ii) an assignment or attempted assignment of the Lease by the Landlord or Franchisee; (iii) the sublease or attempted sublease of the Premises by the Franchisee; or (iv) any modification of the Lease.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, both the landlord and the franchisee are required to provide Azal Coffee with prior written notice of any modifications to the lease agreement. Specifically, Azal Coffee requires a 30-day written notice from both parties regarding any changes to the lease. This ensures Azal Coffee is informed and can protect its interests related to the franchise location.
This notification requirement is part of a broader set of obligations outlined in the Addendum to Lease, which also includes providing Azal Coffee with notice of lease terminations, assignments, or subleases. Additionally, the landlord and franchisee must notify Azal Coffee within 15 days after the franchisee exercises an option to extend the lease, the landlord and franchisee renew the lease, or the landlord initiates any action against the franchisee, including eviction.
These stipulations enable Azal Coffee to maintain oversight and control over the franchise location and its operations. For a prospective Azal Coffee franchisee, this means understanding that lease-related communications with the landlord must also involve the franchisor. Failing to adhere to these notification requirements could potentially lead to breaches of the franchise agreement and related complications.