What is the maximum time the landlord has to cure a non-monetary default affecting a Cicis location?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
If Landlord defaults in its obligations under the Lease, Tenant must give written notice of the default to Landlord and Landlord will have thirty (30) days thereafter to cure the default; provided, however, if Landlord's default cannot be cured solely by the payment of money and more than thirty (30) days is required to complete the cure of such default, then Landlord will not be deemed to be in default if Landlord immediately commences the cure and diligently and continuously prosecutes such cure beyond the expiration of the initial thirty (30) day period, but in no event in excess of ninety (90) days.
If Landlord remains in default under the Lease, then Tenant may, in addition to any other remedies it may have, perform the obligation of Landlord.
Any reasonable expenses incurred by Tenant in connection therewith must be reimbursed by Landlord within thirty (30) days after Landlord's receipt of written invoice for Tenant's expenses.
If Landlord fails to timely reimburse the foregoing amount, then Tenant may offset the invoiced amount against its next rent payment.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, if the landlord defaults on their obligations under the lease, Cicis must provide written notice to the landlord. The landlord then has thirty days to cure the default. However, if the default cannot be resolved solely by paying money and requires more than thirty days to fix, the landlord is not considered in default if they start the cure immediately and continue diligently until it is resolved, but this cure period cannot exceed ninety days.
This means that a Cicis franchisee could face disruptions to their business if the landlord fails to meet their obligations. However, the lease provides a mechanism for the landlord to address non-monetary defaults, allowing up to 90 days in certain situations. This extended period is only granted if the landlord begins working to resolve the issue within the initial 30-day period and continues to work diligently until the issue is resolved.
If the landlord fails to cure the default within the specified time frame, Cicis has the right to perform the landlord's obligations and be reimbursed for any reasonable expenses incurred. If the landlord does not reimburse Cicis for these expenses within thirty days of receiving a written invoice, Cicis can offset the invoiced amount against their next rent payment. This provides Cicis with some recourse if the landlord fails to meet their obligations and allows them to maintain their business operations.