What happens if the Expert dies before delivering the decision for Bevaris Alliance?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 24.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then:
- (a) either party may apply to a court of competent jurisdiction per clause 27.15 to discharge the Expert and to appoint a replacement Expert with the required expertise; and
- (b) this clause shall apply to the new Expert as if he were the first Expert appointed.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 FDD, if the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the required time frame, either party involved with Bevaris Alliance may apply to a court of competent jurisdiction to discharge the Expert and appoint a replacement. The replacement Expert must possess the required expertise.
This clause ensures that the determination process can continue without significant disruption. The new Expert is subject to the same terms and conditions as the original Expert, ensuring consistency and fairness in the determination process. This includes the 90-day deadline to deliver a written decision once the matter is referred to them.
This process protects both Bevaris Alliance and its franchisees by ensuring a fair and timely resolution of disputes, even if unforeseen circumstances arise with the initially appointed Expert. Prospective franchisees should note this provision as a safeguard in case of complications during dispute resolution.