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<br />SECTION 15.3 PROMOTIONAL CHARGES
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<br />(6) PI ömötiönal ftlud. In tl., ",.<:1.1 1':11,[, ~1..:..",hu..t,],' '\~-,v...iM:v.. ".......t;v....,d :.. (b) b...lvn """"u.:>",.3 Lv ",^;;)l VI rUlld;v .
<br />Landlord may provide or cause to provide a program of advertising or promotional events which, in Landlord's s Ie
<br />judgment, will serve to promote the Shopping Center, Landlord shall be compensated, out of promotional ch ges
<br />collected by Landlord ITom tenants during each year for promotional services provided, in an amount equal to twe -five
<br />percent (25%) of the promotional charges collected, on a non-cumulative basis. In no event shall Landlord be obI' ated to
<br />expend more than is actually collected from tenants. Any promotional services and personnel so provided shal under
<br />the exclusive control and supervision of Landlord, who shall have the sole authority to employ and discharg personnel.
<br />Tenant agrees to pay to Landlord as Tenant's share of the cost of said advertising and promotional progr an amount
<br />billed by Landlord monthly to Tenant based upon the same method of calculation of Tenant's share of co mon facilities
<br />expenses as set forth in Section 73 above. Said promotional charges shall be deemed additional rent, d the failure of
<br />Tenant to pay same within five (5) days after being billed therefor, and without deduction or offset, sh carry with it the
<br />same consequences as Tenant's failure to pay rent Landlord may elect to terminate such program at time.
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<br />A (b) .' h .. - . (Merchants' Association) is the stablished Merchants'
<br />SSoctatlon at t e Shoppmg Center. Tenant shall forthwith become a member thereof and wil aintain membership in
<br />good standing and will abide by the Bylaws and regulations and cooperate in the activities of s h Association throughout
<br />the term of this Lease and any extensions or renewals hereof. The Bylaws of the Merchants' ssociation may be amended
<br />ITom time to time in accordance with the procedure set forth therein, in which even said amendments shall take
<br />precedence
<br />over existing Bylaws of the Merchants' Association.
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<br />(i) The purposes of the Merchants' Association is to encourage its memb to deal fairly and courteously with
<br />their customers, to follow ethical business practices, and to assist the business 0 its members by sales promotions and
<br />centerwide advertising, and to obtain a comprehensive general liability policy co ring bodily injury and properry damage
<br />liability on behalf of the Association and its members naming the Landlord as n additional insured. Said policy shall be
<br />of the same type, form and issued by a company in accordance with the iterion set forth in Article X. The policy
<br />evidencing insurance required to be carried by the Merchants' Association hall contain a provision that the insurer will
<br />not cancel, or materially change the coverage provided by such policy wit out first giving Landlord thirty (30) days' prior
<br />written notice. In the event that the Merchants' Association fails to rocure, maintain and/or pay for any insurance
<br />required, Landlord may (but without obligation to do so) at any time or ITom time to time, and without notice, procure
<br />such insurance and pay the premiums therefor, in which event andlord shall charge members of the Merchants'
<br />Association individually for their pro-rata share of said ¡nsuran e premiums and any costs or expenses inculTed by
<br />Landlord in connection therewith, and Tenant shall repay to La lord within five (5) days following Landlord's written
<br />demand to Tenant for such payment
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<br />(ii) Nothing in the Bylaws or regulations of the id Association shall be in conflict with the provisions of this
<br />Lease or in any way shall affect the rights of Landlord, he provisions of this Section 15,3(b) shall be deemed to be
<br />covenants for the benefit of Landlord and said Associa on and shall be enforceable by each of them. Notwithstanding
<br />anything to the contrary in the Bylaws or Articles of I corporation of the Association, Tenant agrees that Landlord may,
<br />subject to any rights of other members of the Ass ciation, terminate the Association, and the provisions of Sections
<br />15.3(a) shall then apply, at the election of Landlord
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<br />(iii) Any payments, charges, dues Of assessments imposed upon the Tenant by the Merchants' Association in
<br />accordance with the provisions and Bylaws 0 aid association, together with any adjustments thereto remaining unpaid at
<br />the end of any installment period may be a igned to the Landlord by said association. The Landlord may, but shall be
<br />under no obligation to do so, accept said signment and provide written notice to Tenant of said election, In such event,
<br />the accrued dues, payments, charges or er items as adjusted, together with any promotional charges shall be deemed to
<br />constitute additional rent which, in the vent of nonpayment thereof, shall be subject to the same remedies as are available
<br />to Landlord for the collection of the asic minimum rent as set forth in Article XVlll. The election as provided above
<br />shall not be exclusive, and all ot r remedies available to the Landlord and/or association for the collection of the
<br />association dues and/or promotio I charges shall still be available and enforceable,
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<br />Other Provisions.
<br />(i) lhe amount 0 the annual promotional charge/Merchants' Association dues payable by Tenant pursuant to
<br />Section 15.3 (a) or (b) wil e set annually, an is subject to interim adjustment Such promotional charges specified in (a)
<br />and (b) above may be in eased, and other promotional charges may be assessed by Landlord as is reasonably necessary,
<br />ITom time to time,
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<br />(c)
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<br />(ii) In 0 er to implement the various promotional programs, Tenant agrees and covenants to comply with
<br />instructions from andlord as to the hours of operation during which said Premises shall be open for business. Tenant's
<br />compliance wit said hours of operation as set forth either by letter or rules promulgated by Landlord shall be d~emed a
<br />material covel t and provision of this Lease agreement and subject to enforcement in the event of noncomphance as
<br />provided in rticle XVIII.
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<br />(iii) All payments, charges, dues and assessments payable under this Section 15.3 shall be due and payable in
<br />month I installments on the first day of each month or as otherwise specified to tenant during the Tenn an,d. l.n all cases
<br />shall e paid without deduction or olTset Failure by Tenant to pay any such sums when due shall carry wIth It the same
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