In the event of conflicting provisions between the Assignment and the Lease, which document governs for Beef O Bradys?

According to Beef O Bradys's 2025 Franchise Disclosure Document, the Assignment governs and controls over any conflicting provisions in the Lease. This means that if there are disagreements or inconsistencies between the terms outlined in the Assignment document and the Lease agreement, the terms of the Assignment will take precedence.

For a prospective Beef O Bradys franchisee, this is an important consideration. The Assignment likely contains specific clauses related to the franchise agreement and the franchisor's rights, so understanding its terms is crucial. This clause ensures that Beef O Bradys's interests, as defined in the Assignment, are protected in case of conflicts with the Lease, which primarily governs the relationship between the franchisee and the landlord.

This type of clause is not uncommon in franchise agreements, particularly when the franchisor is involved in the lease negotiation or has specific requirements for the location. It is essential for franchisees to carefully review both the Lease and the Assignment with legal counsel to fully understand their rights and obligations under both agreements. Franchisees should pay close attention to any areas where the two documents might overlap or contradict each other, ensuring they are aware of which terms will ultimately govern.