Is the landlord required to notify the Bang Cookies franchisor of all lease amendments?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Landlord must provide Franchisor, at the same time that Landlord provides Tenant, with a copy of all lease amendments and assignments, and a copy of all letters and notices that Landlord sends to Tenant relating to the Lease or the Premises. Subject to the rights set forth in Section "3" of this Rider, Landlord agrees to notify Franchisor by nationally recognized overnight courier at the Notice Address of any default by Tenant under the Lease. Landlord agrees that such notice shall afford Franchisor the option for Franchisor to invoke a cure period whereby Franchisor, upon Franchisor's sole election, shall be granted an additional 15 day period to cure any monetary default by Tenant under the Lease and an additional 30 day period to cure any non-monetary default by Tenant under the Lease. In the event that the non-monetary default cannot reasonably be cured within such period and if diligent efforts to cure promptly commence, then the cure period shall continue as long as such diligent efforts to cure continue, but not beyond 180 days from the date notice is provided.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the landlord is required to provide the franchisor with copies of all lease amendments and assignments. Specifically, the landlord must provide Bang Cookies with these documents at the same time they are provided to the tenant (the franchisee). This ensures Bang Cookies is kept informed of any changes to the lease agreement.
In addition to lease amendments and assignments, the landlord must also provide Bang Cookies with copies of all letters and notices sent to the tenant relating to the lease or the premises. This comprehensive notification requirement allows Bang Cookies to stay abreast of all communications between the landlord and the franchisee concerning the property.
The landlord is also obligated to notify Bang Cookies of any default by the tenant under the lease. This notification must be sent via a nationally recognized overnight courier to the Notice Address specified by Bang Cookies. Upon notification of a default, Bang Cookies has the option to invoke a cure period, allowing them an additional 15 days to cure any monetary default or an additional 30 days to cure any non-monetary default. This cure period can be extended up to 180 days if diligent efforts to cure the non-monetary default are promptly commenced.