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C1-: _c PPurl r EE" -ERF I TOS ._A TI: 1 a 15�G7-tom F.04 <br /> (B). PERCENTAGE RETIT_ Not later than ninety (90) days after each calendar year,TENANT shall <br /> furnish LANDL.CRD a statement showing the gross retail sales,as defined herein,made in the more <br /> on the Premises during such calendar year. At the time the statement is furnished. TENAluT <br /> agrees to pay ry LANDLORD, as <br /> addirionai rent, an amount of money equal to Tbrpg3 ,per cerit (^ �y,}qf <br /> such sales, less the total rent paid during such ye2r and less the amount paid by T>_NANT for real <br /> property taxes and for casualty and liability insurance on the Premises during such year. Gross <br /> retail sales shall be defined as all retail sales or rentals less: (i) refunds mr4de ttr customers; (2) <br /> sales, excise and gross receipts tars; (3) proceeds from the sale or rental of items or provision <br /> of services for which TENANT receives only a fee or oommission; (4)charges for labor or Similar <br /> services rendered on the Premises; (5) intracompany transfers of merohandise by TENANT. All <br /> such rent may be paid by obeck and sent to LANDLORD at the a4dress in Article 32 by ordinary <br /> first class MR. <br /> S. <br /> the ftilding and the Improvements In accordancCe with Exhibits B and C. RD <br /> acknowledges receipt of TENANT'S Standard plans and standard specifications. rtles agree <br /> prompllY to obtain an ar0hitect's plot plan and, if revision of TENANT` ra;rd plans an �I-�. <br /> p�ttications is necessary, to obtain revised plans and specifica " , the plot Marti and an <br /> revision of the p18ns and specifications to be the I ANDLORD' ponsibllity, but to be approtire <br /> by Ti~NANT arrd the cost thereof to be paid by RD. TENANT'S approval shall b <br /> evidenced by tree signature of T'ENANT'S putho • representative on the plot plan and on the to <br /> sheet of 3 sets Of plat'$ and +cations. LANDLORD agrees on or before <br /> ,79 c®r4truct tl"+a Euilding and the Imprwnments in strict <br /> accotdanoe with -the pi sAeci(ications as approved by TENANT. TENANT may enforce <br /> speC�o psrfomaa NDLQR❑'3 Coi7sttuCtiOra agreement or may pursue gray rather available INIT. <br /> legal or eRui remedy. if LANDLORD for any reason shall fail to construct the suildhig and <br /> lrrtpry Before ore <br /> �,_ ,1 S_ TENANT shall have the option to Terminate G <br /> , TENANT accepts the premis <br /> at the close of escrow is "as is" condition. <br /> 5. USE, The Premisw may be used for the fetal} sale or rental of merchandise and services } � . <br /> customarily sold or rented from time to time at any sutras operated or frarmhis�d by TENANT or <br /> at outer euto parts and.aupply stores,inc4uding but not limited to auto pans,;uppiles,accessories, ��(1 <br /> motor fuels and petroleum products or other autatrlottve•relatad products or services. TENANT i s <br /> not to install any underground tanks for oil , gasoline or fuel products. <br /> 7, ASSIGNMENT OR SUBLEASE. TENANT shall have the right to assign, sublet, mortgage or <br /> voliateraity assign this Lease or the whole or any part of the Premises, provided that any <br /> assignment or sublease or mortgage or collateral Assignment shalt be subject to all of the Terms, <br /> covenants and conditions of this Leaso, and that TENANT shalt remain liable for the performance <br /> of the terms, covenants and conditions of this Lease for the remainder of the primary term. <br /> OCcupanoy of the Pr Mlsas by TENANT'S parent,subsidiary or division,franchisee or licensees,or <br /> a merger or consolidation of TENANT with another corporation shali not constitute an assignment <br /> at sublease. LANDLOSD shall not require oonsent to and there shall be no prohibition against any <br /> arrangements between TENANT and its lender(s), including any assignment,collateral assignment, <br /> mortgage or other arrangements to secure repayment to tine lender(s) by TENANT. LANDLORD here _ <br /> consents to the TENANT'S sign Lease Agreement with Patrick Media that is ill effect <br /> 8. UTILITIES. TENANT agrees timely to pay directly to all utility cvmpanies or LANDLORD (as v <br /> agreed) all cfaarges for gas, eiectncity, telephone, sewer, water and any other utilities used by <br /> TENANT on the Premises,provided that TENANT regularly receives proper notice and evidence of <br /> all charges. <br /> 9. TAXES. TENANT agrees to pay 011 taxQ$ levied upon its personal property, including trade <br /> fixtures and inventory, located on the Premises. TENANT shali reimburse LANDLOSO for all-taxes ���-�• <br /> and assessments leviod against the Premises during the Term and the Extended Term within thirty <br /> (30) days after presentation To TENANT by LANDLORDS of receipted tax statements from the � <br /> Ni;fi7 1 <br />
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