subtenant or assignee for the two-year period preceding the request for Landlord's consent; (5) proposed subtenant or
<br />assignee demonstrates a record of successful experience in operating the same type of business by submission to Landlord
<br />of such reasonable information as Landlord may request concerning the proposed subtenant or assignee, including, but not
<br />limited to, a written statement in reasonable detail as to the business and retail merchandising experience of the proposed
<br />subtenant or assignee during the five (5) years preceding the request for Landlord's consent; and (6) proposed subtenant or
<br />assignee has a reputation for honesty and is of good moral character.
<br />
<br /> (d) Landlord's Fee. Tenant agrees to reimburse Landlord for Landlord's reasonable costs and attorney's fees
<br />incurred in connection with the processing and documentation of any such requested assignment, subletting, transfer,
<br />change of ownership or hypothecation of this Lease or Tenant's interest in and to the Premises less an application fee of
<br />$200.00.
<br />
<br /> (e) Tenant Remains Obligated. No subletting or assignment, even with the consent of Landlord, shall relieve
<br />Tenant of its obligation to pay the rent and to perform all of the other obligations to be performed by Tenant hereunder.
<br />The acceptance by Landlord of any payment due hereunder fi.om any other person shall not be deemed to be a waiver by
<br />Landlord of any provision of this Lease or to be a consent to any assignment or subletting. Consent by Landlord to one or
<br />more assignments of this Lease or to one or more subletting of the Premises shall not operate as a waiver or estoppel to the
<br />future enforcement by Landlord of its rights pursuant to the provisions of this Lease.
<br />
<br /> (f) No Right of Tenant to Re-Enter Premises. In the event of an assignment, the Tenant, absent written
<br />authorization fi.om the Landlord, shall not have any right to re-enter the Premises upon the default of an assignee in any of
<br />the conditions or obligations of the Lease and/or sale of the business to the assignee.
<br />
<br />ARTICLE XIV. WASTE
<br />
<br /> SECTION 14.1 WASTE OR NUISANCE. Tenant shall not commit or suffer to be committed any waste upon
<br />the Premises, and shall not place a load upon any floor of the Premises which exceeds the floor load per square foot which
<br />such floor wa.%designed to carry. Tenant shall not commit or suffer to be committed any nuisance or other act or thing
<br />which may disturb the'quiet enjoyment of any other occupant ofthe~ Center. Tenant shall not use or permit to be
<br />used any medium that might constitute a nuisance, such as loud speakers, sound amplifiers, phonographs, radios,
<br />televisions, or any other sound producing or other device which will carry sound or odors outside the Premises. Tenant
<br />agrees that business machines and mechanical equipment used by Tenant which cause vibration or noise that may be
<br />transmitted to the building or buildings comprising the ~ Center, to such a degree as to be reasonably
<br />objectionable to Landlord or to any occupant shall be placed and maintained by Tenant at its expense in setting of cork,
<br />rubber or spring-type vibration isolators sufficient to eliminate such vibrations or noise.
<br />
<br />ARTICLE XV. SIGNS; ADVERTISING; PROMOTIONAL CHARGES
<br />
<br /> SECTION 15.1 SIGNS; ADVERTISING. Tenant shall affix a sign (restricted solely to Tenant's trade name
<br />as set forth in ltem I of the Basic Lease Provisions or such other name as may be consented to in advance, in writing, by
<br />Landlord) to the exterior surface of the storefi.ont of the Premises or such other location as specified by Landlord and shall
<br />maintain the sign in good condition and repair during the entire Term. Said sign shall conform to the criteria for signs
<br />established by Landlord and the governmental body or agency having jurisdiction and authority to regulate or control
<br />these matters. The size, content, design and location thereof shall be subject to the prior written approval of Landlord.
<br />Except as hereinabove mentioned, Tenant shall not place or cause to be placed, erected or maintained on any exterior
<br />door, wall, window or the roof of the Premises, or on the glass of any window or door of the Premises, or on any sidewalk
<br />or other location outside the Premises, or within any display window space in the Premises, or within five (5) feet of the
<br />front of the storefi.ont leaseline, whether or not there is display window space in the Premises, or within any entrance to the
<br />Premises, any sign, decal, placard, decoration, flashing, moving or hanging lights, lettering, or any other advertising matter
<br />of any kind or description; if Tenant places or causes to be placed or maintained any of the foregoing, the same may be
<br />removed by Landlord or Landlord's representative without notice and without such removal constituting the breach of this
<br />Lease or entitling Tenant to claim damages on account thereof. No symbol, design, name, mark or insignia adopted by
<br />Landlord for the Shopping Center shall be used without the prior written consent of Landlord. No illuminated sign located
<br />in the interior of the Premises which is visible from the outside shall be permitted without the prior written approval of
<br />Landlord. All signs located in the interior of the Premises shall be in good taste so as not to detract fi.om the general
<br />appearance of the Premises and ~/l Center. Tenant shall not, without the prior written approval of Landlord,
<br />display or sell merchandise in or otherwise obstruct, any area outside of the Premises, nor solicit business in the parking or
<br />other common areas, nor distribute any hand bills or other advertising matter in the parking area or in other common areas.
<br />
<br /> SECTION 15.2 ADVERTISED NAME AND ADDRESS. Tenant shall use the name of the ~ Center
<br />as its advertised business address. Tenant shall not use the name ofthe~l} Center for any purpose other than as the
<br />address of the business to be conducted by Tenant in the Premises, and Tenant shall not acquire any property right in or to
<br />any name which contains said word combination as a part thereof. Any permitted use by Tenant of the name of the
<br />Center during the term of this Lease shall not permit Tenant to use, and Tenant shall not use, such words either
<br />the termination of this Lease or at any other location. In addition, Tenant agrees (a) to operate its business in the
<br />Premises under the name stated in Item I of the Basic Lease Provisions so long as such name shall not be held to be in
<br />violation of any applicable law and (b) not to change the advertised name or character of the business operated in the
<br />Premises without the prior written approval of Landlord.
<br />
<br />10
<br />
<br />
<br />
|