|
5.7. Percentage Rent. Beginning on the Effective Date, Tenant will be liable to Landlord for the
<br />Percentage Rent provided herein, in addition to the Rent, and Additional Rent without previous demand therefore
<br />and without any abatement, diminution, set off, or deduction.
<br />(a) Definition of Gross Sales. For purposes of calculating Percentage Rent, the term "Gross Sales"
<br />means the selling price of all merchandise sold in, at, on, or from any part of the Premises and the charges for and
<br />services of any sort sold or performed in, at, or from any portion of the Premises, including sales made by Tenant or
<br />any subtenant, licensee, assignee or concessionaire and including sales from orders accepted in, on or from the
<br />Premises for delivery from places other than the Premises, or orders filled from the Premises even though accepted
<br />from places other than the Premises, including orders via electronic, telephonic, video, computer or other
<br />technology -based systems now existing or developed in the future. Gross Sales includes all sales and charges, for
<br />cash or credit, regardless of collections in the case of the latter. The parties acknowledge that Tenant's successful
<br />operation of its business is of prime importance to both parties, and Tenant hereby agrees to use its best efforts to
<br />maximize Gross Sales in the Premises for the benefit of Landlord and Tenant.
<br />On or before the fifteenth (15th) day of each month during the Term, Tenant will furnish Landlord a
<br />statement signed by Tenant showing the amount of Gross Sales for the preceding month. Gross Sales shall be taken
<br />from the first day to last day of each calendar month including weekends and holidays, with Percentage Rent
<br />calculated there from and due along with such statement on or before the fifteenth (15th) day of each month in
<br />advance.
<br />Estimation. Intentionally Omitted.
<br />- -
<br />Expenses, insur-ance Expenses, aa&er- GAM Contributions (eelleetively, the
<br />"Genter "
<br />payable by Tenant for- any whole er- dur-ing
<br />paf4ial ealendar year the TeFfn,
<br />Additional Rent, equal menthly installments its We Rata Share
<br />Tenant
<br />ef of the estimated
<br />during suoh whole or- pat4ial ealendar year-.
<br />Center- Expenses
<br />- -
<br />laic-
<br />MIr
<br />- _
<br />-
<br />WIN
<br />--
<br />�MWftftl
<br />5.8. Utilities. Tenant shall: (a) promptly pay all charges for sewer, water, gas, electricity, telephone,
<br />and other utility services used in, on, at, or from, the Premises (all of which utilities shall be separately metered to
<br />the Premises) (the "Utility Charges "); and (b) deliver to Landlord, upon demand, receipts or other satisfactory
<br />evidence of payment of the Utility Charges.
<br />ARTICLE VI.
<br />ALTERATIONS AND MAINTENANCE OF AND REPAIRS TO THE PREMISES
<br />6.1. Landlord Repairs. Landlord shall, at its expense: (a) keep the foundations and roof of the
<br />Premises in good order, repair and condition; and (b) maintain the exterior walls of the Premises in a structurally
<br />sound condition, except to the extent that there is damage caused by any act or omission of Tenant or its employees,
<br />agents, contractors, invitees or licensees. Landlord shall be responsible for the installation and replacement of all
<br />
|