In the Browns Chicken Sublease agreement, what is required of the Sublessee?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
njoyment to the extent ultimately determined to be true and correct, shall be deemed to be and hereby are remade by Sublessor to Sublessee hereunder. Sublessee's taking possession of the Premises shall constitute an acceptance by it of the condition thereof; but Sublessee failure to so take possession shall not relieve it of its obligations hereunder. No promise
of Sublessor to alter, remodel or improve the Premises has been made by Sublessor to Sublessee other than as may be contained herein.
- Subject to any contrary provisions herein contained or except as modified herein, (i) the covenants, agreements, obligations, and restrictions of Tenant under the Lease as set forth in the following enumerated Sections of the Lease shall be deemed to have been remade by Sublessee to Sublessor, and (ii) the benefits running in favor of Tenant under the Lease as set forth in the following enumerated Sections of the Lease shall be deemed to run in favor of Sublessee, and applicable to them in their respective capacities, as if set forth in full herein; and the rights of Owner created with respect thereto, shall be deemed to have been created for the benefit of Sublessor hereunder:
(Appropriate Sections of Lease shall be inserted)
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- Except as expressly provided herein, no obligations of Owner or rights of Tenant under the Lease shall be deemed to have been created for, nor shall any such obligations or rights inure to, the benefit of Sublessee.
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- In addition to and as part of its obligations under this Sublease (which obligations are hereby incorporated into and made a part of this Sublease), Sublessee agrees that it shall faithfully observe and perform each and every provision of the Franchise Agreement and of the Operator's Manual referred to therein, to the extent that such provisions may relate to the Premises.
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- The Premises shall be used by Sublessee solely for the conduct by the Sublessee of a Brown's Chicken & Pasta store and for no other purpose.
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- Sublessee agrees, as a primary inducement to Sublessor for this Sublease, to fully construct or provide by remodeling the Improvements located on the Premises, at is sole cost and expense, a fast-food restaurant for use as a Brown's Chicken & Pasta store in accordance with the plans and specifications attached as Exhibit B hereto or in accordance with Section _____ of the Lease, as the case may be.
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- Sublessee agrees, at its sole cost and expense: to keep the Premises, building, site, equipment, facilities and fixtures therein (including glass, heating systems, air conditioning systems, roof, plumbing fixtures, light fixtures, bulbs, and tubes) neat, clean and in good order, condition, repair and state of cleanliness, both of the interior and exterior (including snow removal); to repair any and all damage thereto, whether or not caused by the fault or act of any person: to perform all necessary decorating and painting; to make all repairs, alterations, additions, or replacements to the Premises (including building, site, equipment, facilities, and fixture. therein) required by any law or ordinance or any order or regulation of any public authority; to keep the Premises equipped with all safety appliances required; to obtain and furnish any licenses and permits required by reason of its use of the Premises: and to comply with the orders and regulations of all governmental authorities.
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- Notwithstanding anything to the contrary herein contained and without limitation of any right of Sublessor contained herein, Sublessor shall have the right to terminate this Sublease upon the happening of any of the following events:
- (a) default by Sublessee hereunder;
(b) termination, for any reason, of the franchise granted by Sublessor to Sublessee pursuant to Franchise Agreement which will commence as of the day the Premises is opened for business by Sublessee;
(c) the suffering or permission by Sublessee of the occurrence of any act or thing which would constitute an event of default by Sublessor in its capacity as Tenant under the Lease; or
(d) cancellation or termination of the Lease, for any reason, prior to the expiration date hereof; provided that if such cancellation or termination of the Lease is due to any default of Sublessor in its capacity as Lessee, Sublessee shall have the right to cure any such default to the extent permitted by the Lease.
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Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, the sublessee has several obligations under the sublease agreement. The sublessee must adhere to the covenants, agreements, obligations, and restrictions outlined in specific sections of the original lease, essentially remaking those promises to the sublessor. Conversely, the sublessee also benefits from the rights granted to the tenant in those same sections of the original lease. Browns Chicken retains the rights of the owner in these matters.
Furthermore, the sublessee is obligated to faithfully observe and perform every provision of the Franchise Agreement and the Operator's Manual, particularly as they relate to the physical premises. The sublessee must use the premises solely for operating a Browns Chicken & Pasta store. A significant obligation involves constructing or remodeling the premises, at the sublessee's sole expense, into a fast-food restaurant that meets Browns Chicken's standards, as detailed in the attached plans and specifications or in a specified section of the lease.
Additionally, the sublease agreement outlines conditions under which the sublease can be terminated. These include default by the sublessee, termination of the franchise agreement, any action by the sublessee that would cause the sublessor to default on the original lease, or cancellation/termination of the original lease. The sublessee cannot assign or transfer the sublease without the sublessor's written consent and must provide notices by registered or certified mail to the specified addresses. These stipulations ensure Browns Chicken maintains control over its brand and locations, and that franchisees meet certain operational and financial standards.