What is the effect of the assignment on Beef O Bradys' other rights or remedies?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
It is understood and agreed that the provisions set forth in this Assignment are deemed a special remedy given to us and are not deemed to exclude any of the remedies granted in the Franchise Agreement or any other agreement between the parties, but are deemed an additional remedy and are cumulative with the remedies therein and elsewhere granted to us, all of which remedies are enforceable concurrently or successively.
No exercise by us or any of the rights hereunder will cure, waive or affect any default hereunder or default under the Franchise Agreement.
No inaction or partial exercise of rights by us will be construed as a waiver of any of our rights and remedies and no waiver by us of any such rights and remedies will be construed as a waiver by us of any future rights and remedies.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys' 2025 Franchise Disclosure Document, the provisions outlined in the assignment do not exclude any remedies granted in the Franchise Agreement or any other agreement between the parties. Instead, these provisions are considered an additional remedy for Beef O Bradys, and they are cumulative with other remedies. This means Beef O Bradys can enforce all remedies concurrently or successively.
Exercising any rights within the assignment does not waive or affect any default under the assignment or the Franchise Agreement. This protects Beef O Bradys' ability to act on any default, regardless of whether they have already exercised other rights.
Furthermore, any inaction or partial exercise of rights by Beef O Bradys will not be construed as a waiver of any of their rights and remedies. A waiver of any rights and remedies will not be construed as a waiver of any future rights and remedies. This ensures that Beef O Bradys retains all available options, even if they choose not to exercise some of them initially.