Does the Casiola Franchisor's indemnification obligation survive the termination of the Franchise Agreement?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
All obligations under this Agreement that expressly, or by their nature, survive, or are intended to survive, the expiration, termination, or Transfer of this Agreement shall continue in full force and effect subsequent to, and notwithstanding, this Agreement's termination, expiration, or Transfer until such obligations are satisfied in full or, by the nature and/or terms, such obligation(s) expire.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the obligations within the agreement that are meant to survive its termination will remain in effect even after the agreement ends.
Specifically, all obligations under the Casiola Franchise Agreement that expressly, or by their nature, survive, or are intended to survive, the expiration, termination, or transfer of the agreement will continue in full force and effect. This continuation remains regardless of the agreement's termination, expiration, or transfer. These obligations will stay in effect until they are fully satisfied or expire based on their nature and/or terms.
This means that certain responsibilities and duties outlined in the agreement don't simply disappear when the franchise term ends or the agreement is terminated. Instead, they continue to bind both the franchisee and Casiola, ensuring that certain aspects of the relationship are still governed by the original terms, even after the active franchise operation has ceased.