Does the Note for Sonesta Simply Suites modify or replace any other rights under the Agreement?

According to the 2025 FDD, the Note associated with the Sonesta Simply Suites franchise agreement does not modify, replace, or affect any other rights, default, or termination notices under the agreement. It also does not impact any other agreement with the Holder (presumably Sonesta Simply Suites) regarding the Maker's Hotel (presumably the franchisee). This means that the Note operates independently and does not supersede any existing rights or obligations outlined in the franchise agreement or other related agreements.

Sonesta Simply Suites retains all of its legal and equitable rights and remedies, including the right to specify additional defaults, regardless of the Note. The Note is not intended to be exhaustive in nature, nor is it intended to set forth all of Holder's rights. The Holder's failure or delay to insist on strict performance of any term of this Note or exercise any right or remedy upon the occurrence of an Acceleration Event or any other breach of this Note, is not a waiver of any term or agreement or of any breach, or precludes Holder from exercising any right or remedy at any later time unless in writing.

This clause ensures that Sonesta Simply Suites maintains its full legal recourse and ability to enforce the franchise agreement, even with the existence of the Note. For a prospective franchisee, this implies that they must adhere to all terms and conditions of the franchise agreement and any other related agreements, as the Note does not provide any relief or modification of those obligations. Any amendments or modifications to the Note must be in writing and signed by the Holder to be binding.