Under what article of the lease are Crave Cookies' rights to assign or sublease defined?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Assignment and Subletting. Notwithstanding any provision of the Lease to the contrary, Tenant shall have the right to assign or sublet the Lease to Franchisor, provided that no such assignment or sublease shall relieve Tenant or any guarantor of liability under the Lease. If Franchisor becomes the lessee of the Leased Premises, then Franchisor shall have the right to assign or sublease its lease pursuant to the terms and conditions of Article XIII of the Lease.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to the 2025 Crave Cookies FDD, the rights to assign or sublease are defined under Article XIII of the lease, but only if Crave Cookies becomes the lessee of the Leased Premises. Specifically, if Crave Cookies becomes the lessee, it has the right to assign or sublease its lease pursuant to the terms and conditions outlined in Article XIII of the Lease.
This stipulation is part of a broader Franchisor Rider that is incorporated into the lease agreement. This rider outlines several key rights and responsibilities of both the landlord and Crave Cookies as the franchisor. These include the use of the leased premises, notifications of default, termination of the lease, and the assignment of the lease upon termination of the franchise agreement.
For a prospective Crave Cookies franchisee, this means that while they, as the tenant, have the right to assign or sublet the lease to Crave Cookies, the franchisor's right to further assign or sublease is specifically governed by Article XIII, but only if Crave Cookies becomes the lessee. This distinction is important for understanding the conditions under which Crave Cookies can transfer the lease to another party. Franchisees should review the full lease agreement and Franchisor Rider to fully understand their obligations.