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5.7. Percenta eg Rent. Intentionally Omitted. BegiF ing en the Fffi°°•i; ° Date Tenant • ill be liable to
<br />Landlord for- the Pefeentage Rent ffevided hefein, in additia;; te the, Ri-,
<br />.--- Rent, and Additional Rent without pr-evieus-
<br />.i °....,..a thee- ec,,..° and- .yith, ut a abatement, .i
<br />difn;« „tier , .• set „CF A°duetion
<br />(a) Definition of Gross Sales. Intentionally Omitted. For- purposes of ealeelating D °„tage Rent * "°
<br />teFm "Gross Sales" means the selling price of all fner-chandise sold in, at, the ehar-ges for- and sen,iees of an), sei4 sold or- peff4med in, at, or- fF@m any pai4ian of the Premises, ineluding sales
<br />made by Tenant or any subtenant, heensee, ineluding sales ffem orders aeeepted , or- fFem any paft of the Pfefflises and
<br />though aeeepted ffam plaees other- than the Premises, ineluding eMem via eleetr-enie, telephanie, videe, eemputer- e
<br />other terahnelogy based systems new existing ef: developed in the fHttffe. Gr-ess Sales ineludes all sales and ,
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<br />for- cash or- credit, regardless of collections in the case of the laaen The parties acknowledge that Tenant's successful
<br />operafion of its business is of pr-ifne impei4anee to both pai4ies, and Tenant her-eby agrees to use its best eff-ef4s to
<br />maximize Gress Sales in the Premises for- the benefit of Landlefd and Tenant.
<br />5.7 Estimation.
<br />a. Estimation. From time to time, Landlord may estimate (or re- estimate) the amount of the Tax
<br />Expenses, Insurance Expenses, and /or CAM Contributions (collectively, the "Center Expenses ")
<br />payable by Tenant for any whole or partial calendar year during the Term. Tenant shall pay, as
<br />Additional Rent, equal monthly installments of its Pro Rata Share of the estimated Center Expenses
<br />during such whole or partial calendar year.
<br />b. Statement. Within ninety (90) days after the end of each whole or partial calendar year during the
<br />Term, Landlord shall deliver to Tenant a written statement that shows the computation of the actual
<br />Center Expenses payable by Tenant with respect to such whole or partial calendar year. If the total of
<br />the Center Expenses paid by Tenant for such whole or partial calendar year is more than the actual
<br />Center Expenses payable by Tenant with respect to such whole or partial calendar year, then Landlord
<br />shall credit the excess: first, against any outstanding Rent due from Tenant; and second, against future
<br />Center Expenses, to be paid by Tenant; provided that, if there are no future Center Expenses to be paid
<br />by Tenant, then Landlord shall refund the excess to Tenant within thirty (30) days. If the total of the
<br />Center Expenses paid by Tenant for such whole or partial calendar year is less than the actual amount
<br />of the Center Expenses payable by Tenant with respect to such whole or partial calendar year, then
<br />Tenant shall pay the amount of such deficiency with the next regular installment of Rent unless the
<br />Termination Date has occurred, in which case Tenant shall pay any deficiency within thirty (30) days
<br />after Landlord delivers Landlord's written statement.
<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
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