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rs no• s a <br />• <br />• • ~r~~ 9144 r~cE 8T8 <br />1 pr d'n five (5) full Accounting Years Percentage r__ental <br />for restauran -fir operation within the Joint Lease-•• <br />2 hold shall remain two percent .~2 ~) of gross receipts and ~'ro__Shop <br />sa es whether on or off the Joint Leasehold shall remain one and <br />3 one-half n_r ent ~-1/2%) of gross rece p s n excess of. the, <br />avera~P ann »1 Prn Shop sales for LES~~ 19 7, 1, 19E9, <br />4 and 1870 fiscal years unless modified as provided in Clause 15 <br />(REVISION OF RENTALS). Percentage rental for other businesses <br />5 conducted on or from the Joint Leasehold sYiall be: <br />6 A. Five percent (5%) for the first ten (10) Accounting <br />Years o e renewe ease~'I'erin; <br />7 ----------_. <br />B. Six percent (6%) for each Accounting Year_for the balance <br />8 of the renevred Lease Term. <br />~~...~_w _~.. <br />9' Percentage rentals shall be subject to revision in the manner pro- <br />vided in this Lease at the beginning of the renevred Lease Term and <br />10 at the beginning of the sixth, eleventh, sixteenth, and twenty-first <br />Accounting Years of the renewed Lease Term;. <br />11 <br />28. DEFAULT BY LESSEE {8.129N) <br />12 <br />Unless othervrise provided in this Lease, LESSEE'S heirs, suc- <br />13 cessors, executors, administrators, assigns, subtenants, officers, <br />agents, employees, servants, licensees, visitors, and patrons <br />14 shall be bound by the terms, covenants, and conditions of this <br />Lease. It shall be LESSEE'S responsibility to assure that all <br />15 its obligations under this Lease are fully discharged and satis- <br />factorily performed by whomsoever undertaken and by tiahomsoever <br />16 shall exercise any right created by, arising from, or dependent <br />upon the Leasehold. <br />17 <br />Should there be a default in the performance of any term, cove- <br />18 nant, condition, or agreement contained herein, and such default <br />is not corrected within a reasonable time after LESSEE receives <br />19 written notice from LESSOR of said default, LESSOR may declare <br />this Lease to be terminated. All rights of LESSEE stemming <br />20 from this Lease shall end at the time of such termination. <br />21 In the event LESSOR shall commence legal action against LESSEE <br />claiming breach or default of this Lease and the court sustains <br />22 LESSOR'S claim, LESSOR shall be entitled to recover reasonable <br />costs of maintaining such action, including attorney's fees, from <br />23 LESSEE. <br />24 29. PENALTY FOR FAILURE TO PAY WHEN DUE (5.19N) <br />25 If money payable by LESSEE as a condition of this Lease is not <br />paid when due, a penalty of five percent (5%) of the amount due <br />26 and unpaid shall be added to the amount due and shall be paid <br />by LESSEE. A further penalty of five percent (5%) of the amount <br />27 due and unpaid, including previously assessed penalties, shall. <br />be added for each additional month that said amount remains <br />28 unpaid. <br />29 30. UNLAWFUL USE (4.89N) <br />30 LESSEE agrees no improvement shall be erected, placed upon, <br />operated, or maintained on the Leased Land ire violation of the <br />31 terms of this Lease or of any regulation, order of laTrr, statute, <br />byla~•r, or ordinance of any governmental agency having jurisdiction <br />32 thereover. I3o business shall be carried or. or conducted upon the <br />-23- <br />