What is the lessor required to provide to Brueggers Bagels regarding lease deficiencies?
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.
The "System" shall mean all systems developed by Franchisor relating to the preparation and promotion of fresh bakery goods, entrees, sandwiches, soups, salads, pastries, gourmet coffees, wine, and privatelylabeled retail items such as soups, salad dressings and gourmet coffees in connection with its bakery café operations.
The "Proprietary Marks" shall mean Franchisor's and its affiliates' trade names, service marks, trademarks, copyrights, logos, emblems, and indicia of origin, including but not limited to the mark "BRUEGGER'S BAGELS " and such other trade names, service marks, trademarks, copyrights, logos, emblems, and indicia of origin as may hereafter be provided to Tenant by Franchisor.
Landlord further agrees that Franchisor's interest in any System or Proprietary Marks installed on the Premises shall be superior to any interest of Landlord in said items.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, in the event of lease termination or loss of possession by the tenant, the lessor (landlord) is required to provide written notice to Brueggers Bagels. Upon receiving this notice, Brueggers Bagels has 30 days to modify the premises as deemed reasonably necessary to protect or remove its System or Proprietary Marks.
Following this 30-day period, it is presumed that no further modifications are needed. Brueggers Bagels then loses the right to enter the premises or make further changes. The landlord is then free to use or dispose of any remaining fixtures and personal property of the tenant without any claim from Brueggers Bagels regarding infringement of its System or Proprietary Marks.
After any modifications, the tenant is responsible for repairing any damage caused to the premises and restoring it to good condition. The "System" refers to all systems developed by Brueggers Bagels related to the preparation and promotion of bakery goods, entrees, and other items. The "Proprietary Marks" include Brueggers Bagels's trade names, trademarks, logos, and other identifying marks. The landlord also agrees that Brueggers Bagels's interest in any System or Proprietary Marks installed on the Premises shall be superior to any interest of Landlord in said items.