When does the 30-day period for Brueggers Bagels to exercise its right of first refusal begin?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon any termination of the Lease or of Tenant's right to possession of the Premises (even if the Lease is not terminated), Franchisor, within thirty (30) days after receipt of Landlord's written request and in accordance with the provisions of this paragraph, will make all modifications to the Premises which Franchisor deems reasonably necessary to protect or remove the System or the Proprietary Marks from the Premises.
Following the expiration of such thirty (30) day period, it shall conclusively be presumed that no further modifications to the Premises are reasonably necessary to protect the System or the Proprietary Marks, Franchisor shall have no further right to enter the Premises or to make any modifications thereto, and Franchisor has no objection to Landlord using or disposing of any and all fixtures and other personal property of Tenant then remaining in the Premises in such manner as Landlord, in its sole discretion, considers appropriate without being subject to any claim by Franchisor that such use or disposition violates or infringes the System or the Proprietary Marks.
Promptly following the completion of any modifications to the Premises pursuant to this paragraph, Tenant, at its expense, shall repair any damage caused to the Premises in connection with the modifications and leave the Premises in good repair and condition.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, Brueggers Bagels has thirty (30) days to make modifications to protect or remove the System or the Proprietary Marks from the Premises. This 30-day period begins after Brueggers Bagels receives the Landlord's written request following any termination of the Lease or of Tenant's right to possession of the Premises.
This means that if a franchisee's lease is terminated, the landlord must provide written notice to Brueggers Bagels. Upon receiving this notice, Brueggers Bagels has 30 days to decide whether to make modifications to the premises to protect their system and proprietary marks. This could involve altering the physical space or removing branded elements.
After the 30-day period, it is presumed that no further modifications are necessary, and Brueggers Bagels loses the right to enter the premises for modifications. The landlord can then use or dispose of the tenant's property without facing claims from Brueggers Bagels regarding infringement of their system or proprietary marks. The tenant is responsible for repairing any damage caused by Brueggers Bagels' modifications and returning the premises to good condition.