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<br />mymenl by cash, cashier's check or certified check in Landlord's notice to Tenant, a tender of money to cure
<br />he default which is not in the form requested by Landlord shall be deemed a failure to cure the default.
<br />Nothing contained In this Section 22 shall in any way diminish or be construed as waiving any of
<br />.andiord's other remedies as provided elsewhere in this Lease or by law or in equity.
<br />23. 5 U R R E N D E R O F L E A S E. The voluntary or other surrender of this Lease by Tenant. or a
<br />mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any
<br />existing subleases or subtenancies, ormay, at the option of Landlord, operate as an assignment to him of any
<br />or all of such subleases or subtenancies.
<br />24. SAL OF PREMISES BY LANDLORD. In the event of anysaleof the demised premises
<br />by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its
<br />covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or
<br />omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent
<br />sale of the demised premises, shall be deemed without any further agreement between the parties or their
<br />successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry
<br />out any and all of the covenants and obligations of Landlord under this Lease.
<br />25. N O U R S O F B U S I N E S S. Subject to the provisions of Section 20 hereof, Tenant shall
<br />continously during the entire term hereof conduct and carry on Tenants business in the demised premises
<br />and shall keep the demised premises open forbusiness and cause Tenants business to be conducted therein
<br />during the usual business hours of each and every business day as is customary for businesses of like
<br />character in the city in which the demised premises are located to be open for business; provided, however,
<br />that this provision shall not apply if the demised premises should be closed and the business of Tenant
<br />temporarily discontinued therein on account of strikes, lockouts or similar causes beyond the reasonable
<br />control of Tenant, or closed for not more than three (3) days out of respect to the memory of any deceased
<br />officer or employee of Tenant, orthe relative of any such officer or employee. Tenant shall keep the demised
<br />premises adequately stocked with merchandise, and with sufficient sales personnel to care for the
<br />patronage, and to conduct said business in accordance with sound business practices.
<br />In the event of breach by Tenant of any of the conditions in this section contained, Landlord shall have,
<br />in addition to any and all remedies herein provided, the right at its option to collect not only the Guaranteed
<br />Minimum Monthly Rental herein provided, but Additional Rental at the rate of one thirtieth (1/30) of the
<br />Guaranteed Minimum Monthly Rental herein provided for each and every daythal Tenant shall fail to conduct
<br />Its business as herein provided. Said Additional Rental shall be deemed to be in lieu of any Percentage Rental
<br />that might have been earned during such period of Tenants fallure to conduct lts.business as herein provided.
<br />26, A TT O R N E Y' S F E E S. if Landlord is involuntarily made a party defendant to any litigation
<br />concerning this Lease orthe demised premises by reason of anyact oromission of Tenant then Tenant shall
<br />defend and hold harmless Landlord from all liabilities by reason thereof, including reasonable attorney'sfees
<br />and ail costs incurred by Landlord in such litigation.
<br />If either Landlord or Tenant or their successors and assigns shall commence any legal proceedings
<br />either in Court or by Arbitration against the other with respect to the enforcement or interpretation of any of
<br />the terms and conditions of this Lease, the nonorevailing party therein shall pay to the other all expenses of
<br />said litigation, including a reasonable attorney's fee as may be fixed by the court or arbitrator having
<br />jurisdiction over the matter. The parties hereto agree that the State of California is the properjurisdiction for
<br />litigation of or performance under any matters relating to this Lease, and service mailed to the address of
<br />Tenant set forth herein shalt be adequate service for such litigation.
<br />27. S E C U R I TY D E P O 5 1 T. Tenant, contemporaneously with the execution of this Lease, has
<br />deposited with Landlord the following sum: -0_
<br />_ _------------- --------------- Dollars
<br />receipt of which is hereby acknowledged by Landlord, said deposit being given to
<br />secure the faithful performance by Tenant of all of the terms, covenants and conditions of this Lease by
<br />Tenant to be kept and performed during the term hereof, Tenant agrees that if Tenant shall fail to pay the rent
<br />herein reserved promptly when due, said deposit may, at the option of Landlord (but Landlord shall not be
<br />required to), be applied to any rent due and unpaid, and If Tenant violates any of the other terms, covenants
<br />and conditions of this Lease, said deposit shall be applied to any damages suffered by Landlord as a result of
<br />Tenants default to the extent of the amount of the damages suffered.
<br />The security deposit shall be held by Landlord for Tenant and the claim of Tenant to such payment or
<br />deposit shall be prior to the claim of any creditor of Landlord except a Trustee in Bankruptcy. Landlord may
<br />claim of such deposit only such amounts as are reasonably necessary to remedy Tenants defaults and
<br />payment of rent, to repair damages to the premises caused by Tenant or to clean such premises upon
<br />termination of the tenancy. Any remaining portion of such deposit shall be returned to Tenant no later than
<br />two (2) weeks after termination of its tenancy.
<br />Nothing contained in this Section 27 shall in any way diminish or be construed as waiving any of
<br />Landlord's other remedies as provided in Section 22 hereof, or by law or in equity. Should the entire security
<br />deposit, or any portion thereof, be appropriated and applied by Landlord for the paytr,vni of overdue rent or
<br />other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, on the written demand of
<br />Landlord, forthwith remit to Landlord a sufficient amount in cash to restore said security depositto its original
<br />amount, and Tenants failure to do so within fifteen (15) days afterthe date of such statement of demand, shall
<br />5 constitute A material breach of this Lease. Should Tenant comply with all of the terms, covenants and
<br />6 conditions of this Lease and promptly pay all of the rental herein provided forasitfalls due, and all other sums
<br />7 payable byTenant to Landlord hereunder, said security deposit shall be returned in f ull to Tenant at the end of
<br />8 the term of this Lease; or upon the earlier termination of this Lease pursuant to the provisions of Section 20
<br />9 hereof, except in the event the demised premises are sold as a result of the exercise of any power of sale
<br />0 under any mortgage or deed of trust, in which event this Lease shall be automatically amended to delete any
<br />(3/22183) Pape 9 & 11
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