According to the Epcon Communities franchise agreement, what is attached as Exhibit A?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
rned by and construed in accordance with the local laws of the State of Ohio, without application of its conflicts of laws provisions.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed this Assignment Agreement to be effective on the day and year first written above.
| By: | Date: |
|---|---|
| [Name, Title] | |
| ASSIGNEE: NAME | |
| By: | Date: |
| [Name, Title] |
EPCON COMMUNITIES' CONSENT TO ASSIGNMENT
| For valuable consideration, receipt of which is hereby acknowledged, Epcon Communities Franchising, LLC | |
|---|---|
| ("Epcon Communities"), hereby consents to the assignment, as evidenced by the Lender Assignment Agreement, of | |
| the Epcon Communities Franchising, LLC Franchise Agreement and Market Area Agreement or Small Market Area | |
| Agreement, as applicable, attached hereto as Exhibit "A" by, as Assignor, to | |
| , as Assignee, and agrees that such Franchise Agreement and Market Area | |
| Agreement or Small Market Area Agreement, as applicable, shall remain in full force and effect in accordance with their | |
| terms, as amended by the Lender Assignment Agreement; provided and conditioned, however, upon fulfillment by both | |
| Assignor and Assignee, of the following conditions: | |
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- Epcon Communities' duties and obligations pursuant to the terms of the Franchise Agreement and Market Area Agreement or Small Market Area Agreement, as applicable, are not altered or otherwise increased.
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- Epcon Communities shall be paid any and all payments specified in the Franchise Agreement no later than the applicable payment due dates.
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- Assignor fully complies with the terms of the Franchise Agreement, Market Area Agreement or Small Market Area Agreement, as applicable, and any and all other agreements between Epcon Communities and Assignor. Notwithstanding the foregoing, if Assignor is not in full compliance with the terms of each such agreement(s) but either of the following occur Epcon Communities shall consent to the assignment: (i) if Assignor's noncompliance is due to nonpayment of amounts due to Epcon Communities related to the subject Project, Assignee shall pay any fees related to such Project that are past due and payable to Epcon Communities and shall agree to pay any fees related to such Project that become due and payable to Epcon Communities in the future, or (ii) if Assignor's non-compliance is due to a material default in Assignor's use of the Development System in the construction of the Project, Assignee agrees to correct such material defaults and use the entire Development System without modification or deviation.
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- Assignee fully complies with the terms of the Franchise Agreement and Market Area Agreement or Small Market Area Agreement, as applicable, including without limitation, upon its decision to use the Development System to complete a Project or Projects, providing to Epcon Communities copies of the documents attached as Exhibit "2" and/or Exhibit "2A" to the Franchise Agreement executed by those individuals who will be acting on behalf of Assignee in completing any Project(s) and will be provided more detailed information regarding the Development System than has been provided to the general public.
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- In the event that Epcon Communities must hold initial training sessions for the benefit of Assignee, or Assignee's agents and employees, Assignee agrees to pay to Epcon Communities a reasonable tuition fee for each attendee attending such training.
| Franchisor: Epcon Communities Franchising, LLC |
|---|
| By: |
| Joseph R. Karpowicz, General Counsel |
| By: |
| Paul W. |
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, Exhibit A to the Franchise Agreement can refer to multiple different documents depending on the context.
In the context of assigning the franchise agreement to a lender, Exhibit A refers to the "Epcon Communities Franchising, LLC Franchise Agreement and Market Area Agreement or Small Market Area Agreement". In the context of sublicensing the agreement, Exhibit A is the Franchise Agreement itself. When referring to the Initial Market Area Agreement, Exhibit A is a map depicting the Initial Market Area.
Because Exhibit A can refer to different documents, prospective franchisees should carefully review the specific agreement they are signing to understand exactly what Exhibit A contains in that particular context. This is especially important when dealing with assignments, sublicenses, or market area agreements, as the contents of Exhibit A will directly impact the franchisee's rights and obligations.