Under what condition can the Cicis franchisor elect to cure a breach of the lease?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
Termination of Franchisee's franchise agreement shall constitute a non-curable default under the Lease.
Upon Franchisor's receipt of written notice of Franchisee's breach of the Lease, Franchisor, after written notice to Franchisee and Landlord, may (but shall not be obligated) elect to cure any breach of the Lease.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, the franchisor may elect to cure a breach of the lease under specific conditions. Upon receiving written notice of the franchisee's breach of the lease, Cicis, after providing written notice to both the franchisee and the landlord, has the option, but not the obligation, to cure the breach.
This provision is included in the Franchisee Lease Rider, which is an attachment to the franchise agreement. This rider stipulates that the terms outlined within it supersede any conflicting terms in the lease agreement itself. This ensures that Cicis maintains certain rights and control over the leased premises where a Cicis restaurant is operated.
For a prospective Cicis franchisee, this clause offers a degree of protection. If a franchisee inadvertently breaches the lease, Cicis has the option to step in and rectify the situation, potentially preventing eviction or lease termination. However, it's crucial to recognize that Cicis is not obligated to cure the breach, and the decision to do so is at their discretion. Therefore, franchisees should not rely on this as a guaranteed safety net and must diligently adhere to the terms of their lease agreements.