Does the Cookies By Design Lease Rider require the Landlord to consent to the Franchisee's use of trademarks and decor?

Question

Accepted Answer

WHEREAS, as a condition of entering into the Lease, Franchisee is required under the Franchise Agreement to execute this Lease Rider along with the Landlord and Franchisor;

NOW, THEREFORE, the parties in consideration of the mutual undertakings and commitments of each party to the other party set forth herein and in the Franchise Agreement, mutually agree as follows:

- 1. During the term of the Franchise Agreement, the Shop will be used only for the operation of the Shop using the Franchisor's proprietary System, and under the Franchisor's trademarks.
- 2. Landlord consents to Franchisee's use of such marks and signs, decor items, color schemes and related components of the Cookies by Design system as Franchisor may reasonably prescribe for the Shop.
- 3. Landlord agrees to furnish Franchisor with copies of any and all default or termination letters and notices sent to Franchisee pertaining to the Lease and the Shop, at the same time that such letters and notices are sent to Franchisee.
- 4. Franchisor will have the right to enter the Shop to make any modification or alteration reasonably necessary to protect the Cookies By Design system and marks or to cure any default under the Franchise Agreement or any area development agreement entered into between Franchisor and Franchisee or under the Lease, without being guilty of trespass or any other crime or tort, and Landlord and Franchisor will not be liable to Franchisee for any expenses or damages arising from Franchisor's action in connection therewith.
- 5. Franchisee will not assign the Lease or renew or extend the term thereof without notice to the Franchisor.
- 6. Landlord and Franchisee will not amend or otherwise modify the Lease in any manner that could materially affect any of the foregoing requirements without the prior written consent of Franchisor.
- 7. Landlord and Franchisee acknowledge that Franchisor is not a party to the Lease and will have no liability under the Lease, unless and until the Lease is assigned to, or assumed by, Franchisor.
- 8. The terms of this Lease Rider will supersede any conflicting terms of the Lease.

Source: Item 22 — CONTRACTS (FDD page 45)

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