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5.6. Insurance Expenses. Tenant shall pay to Landlord, as Additional Rent, its Pro Rata Share of any
<br />and all costs incurred by Landlord in connection with the Casualty Insurance, as defined in Section 8.1, and the
<br />Liability Insurance, as defined in Section 8. 1, including, but not limited to, all premiums and deductibles paid by
<br />Landlord (collectively, the "Insurance Expenses').
<br />5.7. Percenta eg Rent. Intentionally Omitted. Beginning on the FffeetiN,e Da4e Tenant .°:" be liable
<br />I-A-Rd-IsFd- fqr- the Pementage Rew proN,ided herein, in addition to the Rent, and Additional Rent without previous
<br />demati 1 theFef;me and without a abatement diminution, set off, OF deduetie«
<br />(a) Definition of Gross Sales. Intentionally Omitted.
<br />tffm "Gross Sales" means the selling price Of all M(3176hafldise sold in, at, on, of from an), paFt Of the PFeMiSeS and-
<br />the eharges fef and sen,iees of an), so# sold or- peffe�ed in, at, or fr-oin an), poilien of the Premises, ineluding sales
<br />made by Tenant or any sabienant, lieensee, assignee or eoneessiefiaiFe and ineluding sales 4ofn efdeFS aseepted
<br />on or fmm the PFefRiSeS fef delivefy fmfn plaoes other than the Premises, of ofdeFs filled ffotn the Pfemises even
<br />other- teelinalegy based systems now existing or developed in the fiitufe. C4srs Saleg inrdudeqs -all sales -R-nd- 0,ar-ges,
<br />fOF eaSh or- credit, regardless of ealleetions in the sw;e "' - I - -1 , Fties aeknowledge that Tenant's sueeessful
<br />operation of its business is of prime impoftanee to both panies, and Tenant herLby agFees to use its best efforts to
<br />., !_..ANq Sales in the Dfemise.. 4f th@ l.m4it of t .....11,...,7 .. «.7 Te fla «r
<br />On of befOFe the fifteenth (15th) day of eaeh month defing the Tenn, Tenant will fiffRish LaHdl0Fd a
<br />statement signed by TenapA showing the amount of Gross Sales fOF the pr-eeeding menth. Q;ass sal&s .;hall be taken
<br />ffem the fifst day t8 last day of eaeb ealendar. menth ifieluding weekends and holidays, with Per-eefitage Refit
<br />ealettlated there from and due along with sueh statement on or- before the fifteenth (I sth) day of eaeh mRnth in
<br />advance.
<br />5.8 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 Tenn. 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 />Tenn, 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 Modified Gross
<br />Rent unless the Termination Date has occurred, in which case Tenant shall pay any deficiency within
<br />thirty (30) days after Landlord delivers Landlord's written statement.
<br />5.9 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
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