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6A(4)
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05-10-11 Packet
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6A(4)
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11/1/2012 4:19:49 PM
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In addition to the foregoing, effective November 1, 2007, Tenant hereby <br />agrees to pay to Landlord an amount equal to six percent (6.00 %) of Gross <br />Sales in excess of Six Hundred Thousand and 00 /100 Dollars ($600,000) <br />[hereinafter "Percentage Rent "] during each Lease Year, as further defined <br />herein. <br />Tenant will be liable to Landlord for Percentage Rent in addition to the Base <br />Rental and Minimum Rental, without previous demand. On or before the <br />fifteenth (15th) day of each month during the Term, Tenant will furnish <br />Landlord a statement signed by Tenant showing the amount of gross sales for <br />the preceding month. For the purpose of calculating Percentage Rent, annual <br />gross sales shall be taken from January 1 to December 31, with Percentage <br />Rent calculated there from and due on or before forty-five (45) days after the <br />end of the Lease year. In the event the Lease is terminated prior to the end of <br />the Lease year, the foregoing Percentage Rent due shall be prorated by <br />dividing the annual gross revenue threshold based upon a three hundred sixty <br />(360) day year. <br />3. "SECTION 6.2. MAINTENANCE OF MECHANICAL EQUIPMENT AND <br />PLUMBING" is deleted in its entirety and replaced with the following: <br />Within a reasonable period after receipt of written notice from Tenant, Landlord, <br />at Landlord's cost and expense, will make necessary repairs to electrical and <br />plumbing systems, and utility supply lines (i.e. gas, electric, water) to the <br />Building which do not exclusively serve the Premises. Tenant is prohibited from <br />performing any maintenance services to any of the aforesaid systems itself or <br />from hiring any contractors or persons to repair the same. If, in Landlord's <br />reasonable discretion, such repairs are due to the actions or negligence of Tenant, <br />its subtenants, concessionaires, employees, agents, invitees, licensees, visitors or <br />contractors, Landlord shall promptly send to Tenant an invoice for the expense of <br />such repair, which shall be paid by Tenant within thirty (30) days after mailing or <br />delivery of such notice to Tenant. <br />Landlord shall also maintain the heating and air conditioning systems which serve <br />Tenant's Premises which costs shall be paid by Tenant as part of its Common <br />Expenses. <br />Tenant will, at Tenant's sole cost, maintain, repair, replace and keep in good <br />condition and operating order the plumbing and electrical systems and fixtures, <br />and all equipment located inside the Premises or exclusively serving the Premises. <br />All repairs made by Tenant will be made by contractors or installers previously <br />OA <br />
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