What happens in case of inconsistency between the Rider and the Lease for a Golden Krust Caribbean Restaurant?

According to the 2024 Franchise Disclosure Document, specifically Exhibit E which contains the Form of Rider to Lease, any inconsistencies between the Rider and the Lease for a Golden Krust Caribbean Restaurant will be governed by the terms outlined in the Rider. This means that if there is a conflict between what is stated in the original lease agreement and what is stated in the Rider, the Rider's terms will take precedence.

This clause is important for prospective franchisees as it ensures that certain rights and protections afforded to Golden Krust Franchising, Inc. are upheld. The Rider essentially modifies the original lease to accommodate the franchise relationship, granting the franchisor specific rights related to the premises. This includes the right to take possession of the premises under certain conditions, receive notices of default, and approve modifications to the lease.

For a potential Golden Krust Caribbean Restaurant franchisee, this means they must understand both the Lease and the Rider in full. If there are disagreements between the two documents, the Rider is what controls. The franchisee should pay close attention to the Rider, as it outlines the franchisor's rights and the franchisee's obligations regarding the leased property. This also protects the landlord, as they are made aware of the rights of Golden Krust Franchising, Inc. with respect to the property.

It is also important to note that the Landlord and Tenant will not make any material modifications to the Lease without Golden Krust Franchising, Inc.'s prior written consent, which consent shall not be unreasonably withheld or delayed.