CIVIC CENTER MEDICAL ARTS 1-2003

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SECTION 15.3 PROMOTIONAL CHARGES Landlord may provide or cause to provide a program of advertising Or promotional events which, in Landlord's judgment, will serve to promote the Shopping Center. Landlord shall be compensated, out of promotional collected by Landlord from tenants during each year for promotional services provided, in an amount equal to -five percent (25%) of the promotional charges collected, on a non-cumulative basis. In no event shall Landlord be obi to expend more than is actually collected from tenants. Any promotional services and personnel so provided under the exclusive control and supervision of Landlord, who shall have the sole authority to employ and Tenant agrees to pay to Landlord as Tenant's share of the cost of said advertising and promotional an amount billed by Landlord monthly to Tenant based upon the same method of calculation of Tenant's share of co facilities expenses as set forth in Section 7.3 above. Said promotional charges shall be deemed additional failure of Tenant to pay same within five (5) days after being billed therefor, and without deduction or offset, carry with it the same consequences as Tenant's failure to pay rent. Landlord may elect to terminate such program at e time. (b) Metro Town Square Merchants' Association. (Merchants' Association) is the Association at the Shopping Center. Tenant shall forthwith become a member thereof and good standing and will abide by the Bylaws and regulations and cooperate in the activities the term of this Lease and any extensions or renewals hereof. The Bylaws of the Merchants' from time to time in accordance with the procedure set forth therein, in which precedence over existing Bylaws of the Merchants' Association. Merchants' membership in Association throughout may be amended amendments shall take (i) The purposes of the Merchants' Association is to encourage its their customers, to follow ethical business practices, and to assist the business centerwide advertising, and to obtain a comprehensive general liability on behalf of the Association and its members naming the Landlord as of the same type, form and issued by a company in accordance with the evidencing insurance required to be carried by the Merchants' not cancel, or materially change the coverage provided by such policy wi written notice, in the event that the Merchants' Association fails required, Landlord may (but without obligation to do so) at any such insurance and pay the premiums therefor, in which event Association individually for their pro-ram share of said Landlord in connection therewith, and Tenant shall repay to demand to Tenant for such payment. deal fairly and courteously with members by sales promotions and injury and property damage additional insured. Said policy shall be set forth in Article X. The policy contain a provision that the insurer will giving Landlord thirty (30) days' prior maintain and/or pay for any insurance from time to time, and without notice, procure shall charge members of the Merchants' and any costs or expenses incurred by within five (5) days following Landlord's written (ii) Nothing in the Bylaws or regulations of the Lease or in any way shall affect the rights of Landlord. covenants for the benefit of Landlord and said anything to the contrary in the Bylaws or Articles of 1 subject to any rights of other members of the 15.3(a) shall then apply, at the election of Landlord Association shall be in conflict with the provisions of this provisions of this Section 15.3(b) shall be deemed to be and shall be enforceable by each of them. Notwithstanding of the Association, Tenant agrees that Landlord may, terminate the Association, and the provisions of Sections (iii) Any payments, charges, imposed upon the Tenant by the Merchants' Association in accordance with the provisions and Bylaws o association, together with any adjustments thereto remaining unpaid at the end of any installment period may be to the Landlord by said association. The Landlord may, but shall be under no obligation to do so, accept and provide written notice to Tenant of said election. In such event, the accrued dues, payments, charges or ~ items as adjusted, together with any promotional charges shall be deemed to constitute additional rent which, in the of nonpayment thereof, shall be subject to the same remedies as are available to Landlord for the collection of the minimum rent as set forth in Article XVllI. The election as provided above shall not be exclusive, and all remedies available to the Landlord and/or association for the collection of the association dues and/or charges shall still be available and enforceable. (c) Other Provisions. (i) The amount Section 15.3 (a) or (b) wil and (b) above may be from time to time. annual promotional charge/Merchants' Association dues payable by Tenant pursuant to is subject to interim adjustment. Such promotional charges specified in (a) and other promotional charges may be assessed by Landlord as is reasonably necessary, (ii) In instructions from compliance material cove~ provided in to implement the various promotional programs, Tenant agrees and covenants to comply with ~rd as to the hours of operation during which said Premises shall be open for business. Tenant's hours of operation as set forth either by letter or rules promulgated by Landlord shall be deemed a and provision of this Lease agreement and subject to enforcement in the event of noncompliance as XVlll. shall All payments, charges, dues and assessments payable under this Section 15.3 shall be due and payable in on the first day of each month or as otherwise specified to tenant during the Term and, in all cases paid without deduction or offset. Failure by Tenant to pay any such sums when due shall carry with it the same Il