|
4.3 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money or the United States, without
<br />onset or deduction (except as specifically permitted in this Lease), on or before the day on which it is due. In the event that any invoice
<br />prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall he obligated to pay the amount set forth
<br />m -this Lease. Rent for any period during the term hereof which is for�
<br />lethan one full calendar month shall be prorated based upon the
<br />acmal number of days or said month. Pavn'iem of Rent shall be made to Lessor at its address stated herein or to such other persons or
<br />place as Lessor may from time to time designate in writing. Aecepmnce of a payment which is less than the amount then duc shall not
<br />he a waiver of Lessor's rights to the balance ol'such Rent, regardless of Lessor's endorsement of any check so stating. In the event that
<br />any check, draft, or other instrument of payment given by Lessee to Lessor is dishonored Ibr any reason. Lessee agrees to pay to Lessor
<br />the sum of $25.00 in addition to any Late Charge and Lessor, at its option, may require all ruture Rent be paid by cashier's check.
<br />Payments will be applied first to accrued late charses and attorney's rces.. sacond to accrued interest, then to Base Rent and Common
<br />.-Area Operating Expenses. and any remaln,n' amount to any other outstanding charges or costs.
<br />5. Seem FityDepasiL-Lessee shall depesitwith 11wFeer tho S:rertt-y{)�epasiE•a; seaar+t,i Foe Eyes-,ee's Fat+411-.:l
<br />per-FaFsnaaeeeF+tom,-eb4iAatiejnsimtkFth+s Lease :--FieLessee-Falls sopa}Rasi.er-et=refu+seDefaults ++adefthisLease, L=ess F€Hayuse,
<br />applyor fakaiaaN eF any Portion er said SaeuFtty Depasit FeFthe paymeat eF any-afaeant alFeady due Lesser; far Raab which -will be
<br />due +othe-raFHF2;andleF LeneimbaFse-uFeewpeasateLasser laF-aaj=4iahilit-y;espertse,lesserdaeaege 0.hje-hLe5aeFHIa Hffafer+near
<br />byreason4oFeof-4LesseF-u5es or "f] -k s ad er aoy feeFtam er the-SecarityDepesit; Lessee shah-withm t0 days -after wFlae nFecfiuest
<br />tlseFereF depesit ate ai as withLeamF su€t+c+eatte Festa r-esatd Security De --peri tto the fall ameurtt fequi Fedby-this L--ease.-fbtHe tease -Fent
<br />mefeasei during the -termor - this -Lease-Lessee sh dlrupon-svc+tteaFet}aest#Few-Lesser; depesitadditieRal maseies with-Lessoese that
<br />the-teta4 ameant e4 the Seeunity Pepe -34 shah -at -ad +imes-bear-the Same erepoftieer-te-the meleased $ase R-ai as- the -irilial &aeul ity
<br />DepesitbeFe-te-the imtial-Rase-Real: SHeeld the AgFeed ilsebe amended t6 aeeeatmedate atxatarial ehim e-+n-thebuslness erLessee
<br />eF-to-aeeemmedate a sublessee c -Ir assinnee Lesser sherl ha" the-risHt-111,-M(rFease the Seeafity-�Bepesit to -the eatetrt- aeee ssary, in
<br />Les Fs cease nablejadgmeat,-m-aeeme tt-!'eF-any. mereased wear -and -tear -that the PFemises may-sok{etas-a-Felt& theFeeF-aedkrf any
<br />mat efial-Fedaemen+n the eFedttweFtH+ness-or-Gmanakit eapabilmes orthe-assienee er-st}b4ess-ee.-Lessor-shah-aetbe-fegaired to -keep -the
<br />Seeurity-Depasitseparate€Fora+tspeae+ataeeoants,-1},=it#ln�B-daysarteftHe e;fpiFatiener fefm+oat+eaertH+s-Lease;LesseFsba4l-cei-uFa
<br />that peform er doe &eurity D tpesit set used-eF applietf byy Lesser, Are -part eF the SeeaFity Deposits#tail--he eeasldeFed to be --held in -trust;
<br />to bear interest eFtake prepaymeak-Ger-arty-raanies-to-be -paid-by-Lessee-eader-this -Lease.
<br />6. Use.
<br />6.1 (a) Agreed Use; Agreed Trade Name. Lessee shall use and occupy the Premises only for the Agreed Usc, and
<br />I'or no other use or purpose without Lessor's prior written consent, and Lessee shall operate at the Premises only under the Agreed Trade
<br />Name and under no other trade name without Lessor's prior written consent. Lessee shall not use or permit the use or the Premises in a
<br />manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants of or causes damage to neighboring premises
<br />or properties. Other than guide, signal and seeing -eye dogs, Lessee shall not keep or allow in the Premises any pets, animals, birds, fish,
<br />or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, or
<br />to the Agreed Trade Name. If Lessor elects to withhold consent, Lessor shall within 14 days alter such request give written notification
<br />or same, which notice shall include an explanation of Lessor's objections to the change in the Agreed Use and/or Agreed Trade Name,
<br />(b) Continuous Operation. Lessee shall continuously (i) operate and conduct the Agreed Use under the Agreed
<br />Trade Name within the entire Premises in a reputable manner and in conformity with industry standards or practice prevailing in the
<br />field of business-amertgmerchants-engaged-m-thesaa-eF-eimilaF-basiaessjr-the City-in-whieHifte-12remisesarekeeated;-H+)-star#-the
<br />Premises+s�itH-su€Fre+eat-salespersenael,ste�ttHe-PFemises with-adequate-mere-}rand+se-aad-esFere-ice-seaad-business-praetiees sa-as-te
<br />mar imtte�ress-Sales:-+4tatttistimum,—Lessee-shah-keep-the-PFemiseseentim+ausFy-open-ler-business-#ieaday khteugh-PF+day-Gram
<br />9-.00 a. -m.- e -b 80-p m �a arday-€ e u 4 9B-oa .-ta-F 99 p:m-and Sunday-Gruttr+&89-a m. -+e€.90 $:m-
<br />(c) Violations of Exclusive Use Rights. Lessee acknowledges that Lessor may grant, or may have previously
<br />Warted, exclusive use rights to other Lessees of the Shopping Center and agrees that a material consideration to Lessor in entering into
<br />this Lease is Lessee's covenant to limit its use of the Premises to the Agreed Use under the Agreed Trade Name as set forth above.
<br />Lessee's violation orexclusive use rights granted to other Lessees of the Shopping Center will result in Lessor suffering irreparable harm
<br />and, therefore, in addition to all other rights and remedies available to Lessor, Lessor may seek to enjoin Lessee's breach of such covenant
<br />and Lessee shall be liable for any damages incurred or sustained by Lessor to such other Lessees whose exclusive use rights are breached
<br />by Lessee. In no event shall Lessor be liable to Lessee For any failure of any other Lessees of the Shopping Center to operate their
<br />businesses, or for any loss or damage that may be occasioned by or through the acts or omissions of other Lessees or third parties.
<br />(d) Other Tenancies. Lessor reserves the absolute right to establish procedures to control other tenancies in the
<br />Shopping Center. Regardless of whether any specific Lessees are shown on any site plan attached hereto, Lessee does not rely on that
<br />tact, nor does Lessor represent that any specific Lessee or number or type of Lessees shall or shall not during the Term occupy any
<br />portion of the Shopping Center, nor does Lessee rely on any other Lessee operating its business in the Shopping Center at any particular
<br />time or times. Further, no conduct by any Lessee, suhLessee or other occupant of, or any customer of, or any supplier to or use of any
<br />
|