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1 B. Percentage Rental.
<br />2
<br />3 (i
<br />4 Tenant, Tenant shall and will pay to Landlord at -the time and in the manner herein specified an ional
<br />5 Rental in an amount equal to five percent ( 5 _%) of the amount of Ten ross sales
<br />6 made in, upon or from the demised premises during each month of the term her ss the aggregate
<br />7 amount of the Guaranteed Minimum Monthly Rental previously paid by Te r said month.
<br />8
<br />9 (li) Within ten (10) days after the end of each tale onth of the term hereof, commencing
<br />10 with the tenth day of the month following the comm
<br />en of the term of this Lease (as hereinabove
<br />11 provided), and ending with the tenth day of them next succeeding the last month of the Lease term,
<br />12 Tenant shall furnish to Landlord a stateme riting, certified by Tenant to be correct, showing the total
<br />13 gross sales made in, upon or from t ised premises during the preceding calendar month, and shall
<br />14 accompany each such statem , h a payment to Landlord equal to said percentage of the total monthly
<br />15 gross sales madA�cf
<br />rom the demised premises during each calendar month, less the Guaranteed
<br />16 Minimum Monthr each such calendar month previously paid. The due date of Percentage Rental is
<br />17 the tenth h calendar month.Percentage Rental not received by Landlord within seven (7)
<br />18 da ue date is in default. Percentage Rental in default shall be subject to an additional charge of ten
<br />19
<br />20
<br />21 (
<br />22 kind and nature from sales and services made in, upon orfrom the demised premises, whether upon or it or
<br />23 for cash, in every department operating in the demised premises, whether operated by Ten or by a
<br />24 subtenantorsubtenants,orbyaconcessionaire orconcessionaires,exceptingtherefromany atesand/or
<br />25 refunds to customers and the amount of all sales tax receipts which has to be accounted f yTenant to any
<br />26 government or governmental agency. Sales upon credit shall be deemed cash sales shall be included in
<br />27 the grosssalesfortheperiodinwhichthemerchandiseisdeliveredtothecustome hetherornottitletothe
<br />28 merchandise passes with delivery.
<br />29
<br />30 (b) Tenant shall keep full, complete and proper books cords and accounts of its daily gross
<br />31 sales, both for cash and on credit, of each separate department concessionaire at any time operated in
<br />32 the demised premises. Landlord and its agents and employe all have the right at any and all times, during
<br />33 regular business hours, to examine andinspectallofthe sand records of Tenant, including any sales tax
<br />34 reports pertaining to the business of Tenant cdnd ed in, upon or from the demised premises, for the
<br />35 purposeofinvestigatingandverifyingtheaccura fanystatementofgrosssales.Landlord mayonceinany
<br />36 Lease year cause anauditofthebusinessof ant to be made byacertified public accountant of Landlord's
<br />37 selection, and if the statement of gross as previously made to Landlord shall be found to be inaccurate,
<br />38 then and in that event, there shall be adjustment and one party shall pay to the other on demand such sums
<br />39 as may be necessary to settle i I the accurate amount of said Percentage Rental that should have been
<br />40 paid to Landlord for the peri or periods covered by such inaccurate statement or statements. If said audit
<br />41 shall disc lose aninaccu yofgreaterthanatwopercent(2%)errorwithrespect totheamount ofgross sales
<br />42 reported by Tenant the period of said report, then Tenant shall immediately pay to Landlord the cost of
<br />43 such audit; othe se, the cost of such audit shall be paid by Landlord. If such audit shall disclose anywillfui or
<br />ccuracies, this Lease may thereupon be cancelled and terminated, at the option of Landlord_
<br />44 substantial�
<br />45 The fallA, of Tenant to provide to Landlord the books and records,within twenty (20) days of the mailing of
<br />46 not' to examine the books and records for the audit mentioned in this Section 4601)(b), shall be an event
<br />47
<br />48
<br />49 C. Additional Rental and Impounds.
<br />50
<br />51 In addition to the Guaranteed Minimum Monthly Rental and the Percentage Rental hereinabove
<br />52 agreed to be paid by Tenant, Tenant shall pay to Landlord, at the time and in the manner herein specified,
<br />53 Additional Rental as follows:
<br />54 (i) a. Real estate taxes, rental taxes and business taxes asset forth in Section 5 of this Lease.
<br />55 b. Personal property taxes as set forth in Section 6 of this Lease.
<br />56 c. Expenses, including a ten percent(10%) management fee, inconnection with automobile
<br />57 parking and common areas as set forth in Section 8 of this Lease.
<br />58 d. Building repair and maintenance expenses, including a ten percent (10%) management
<br />59 fee, as set forth in Section 11 of this Lease.
<br />60 e. Fire insurance and extended coverage costs, including a ten percent(10%) management
<br />61 fee, as set forth in Section 13 of this Lease.
<br />62 f. Utilities, including a ten percent (10%) management fee, as set forth in Section 18 of this
<br />63 Lease.
<br />64 (ii) Tenant is obligated under this Lease to reimburse Landlord, as Additional Rental, for
<br />65 'Tenant's share'bf certain costs and expenses which include real estate taxes, rental taxes, business taxes,
<br />66 expenses in connection with automobile parking and common area, personal property taxes, building repair
<br />67 and maintenance expenses, fire insurance expenses and utilities. It is agreed that rather than bill and collect
<br />68 said Additional Rental after the expenses are incurred, Landlord may estimate Tenant's share of said costs
<br />69 and expenses, excluding building repairand maintenance expenses, fora period of not morethan twelve(12)
<br />70 months in advance, and may collect and impound Tenant's estimated share in advance, on a monthly basis.
<br />71 On or before February 15th of each year, Landlord shall provide to Tenant a reconciliation of any of Tenant's
<br />72 accounts which are impounded for the twelve (12) month period ending the preceding December3l st. Said
<br />73 reconciliation shall set forth in reasonable detail the costs and expenses paid by Landlord, and shall
<br />74 include a computation as to Tenant's pro rata share. In the event Tenant has overpaid its share of said
<br />75 costs and expenses in payment of impounds, Landlord shall accompany said reconciliation with a refund
<br />76 of said overpayment, and in the event of an underpayment, Tenant shall pay to the Landlord the amount of
<br />77 :said underpayment within ten (10) days afterthe date of mailing of the statement of reconciliation (due date).
<br />78 Tenant's payment of the amount of said underpayment is in default if not received by Landlord within ten 0 0)
<br />79 days of the due date. The amount of said underpayment in default shall be subject to an additional charge of
<br />80 ten percent(10%per month on the unpaid balance thereof as a late charge.
<br />"Tenant's. share", as defined herein, is _ 7.3 percent:.
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