What is the timeframe for a Cicis franchisee to provide written notice to terminate the lease after damage or condemnation?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything to the contrary in the Lease or this Rider if any portion of the Leased Premises is: (i) destroyed by fire or other casualty not caused by Tenant and the repairs to any such damage are reasonably expected to take longer than one hundred twenty (120) days to complete; or (ii) taken by an authority having the power of eminent domain, then Tenant may terminate the Lease by written notice to Landlord within thirty (30) days such damage or condemnation.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, a franchisee has 30 days to provide written notice to the landlord to terminate the lease under specific conditions. This 30-day period begins after either of the following events: (i) the leased premises is damaged by fire or another casualty not caused by the tenant, and repairs are reasonably expected to take longer than 120 days to complete, or (ii) the premises is taken by an authority with eminent domain power.
This stipulation protects the Cicis franchisee by allowing them to exit the lease if the location becomes unusable for an extended period due to damage or is taken over by eminent domain. The franchisee must act swiftly, providing written notice within 30 days of the triggering event to terminate the lease. This clause is important for franchisees as it provides a defined timeframe and process for ending the lease agreement under these specific circumstances, potentially mitigating further financial obligations for a non-operational location.
It is important to note that the damage must not be caused by the tenant, and the expected repair time must exceed 120 days for the termination option to be valid under the fire or casualty condition. Similarly, the taking by eminent domain must occur for the condemnation condition to apply. The franchisee should carefully document the damage or condemnation event and ensure timely written notice to the landlord to properly exercise their termination rights under the lease.