ESP eifie Its" ne Mstanding- the- y�°vrsen{ag�sei- f''ott:: in Paragraph 1.7, As used her €in, the teat.
<br />shall z Lessee ]easing at least 4 Pon + wie .e «we r
<br />aa
<br />4.3 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States,
<br />without offset or deduction (except as specifically permitted in this Lease), on or before the day on which it is due. In the event that
<br />any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the
<br />amount set forth in this Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be
<br />prorated based upon the actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or
<br />to such other persons or place as Lessor may from time to time designate in writing. Acceptance of a payment which is less than the
<br />arnotmt then due shall not be a waiver of Lessor's rights to the balance of such Rent, regardless of Lessor's endorsement of any check
<br />so stating. In the event that any check, draft, or other instrument of payment given by Lessee to Lessor is dishonored for any reason,
<br />Lessee agrees to pay to Lessor the sum of $25.00 in addition to any Late Charge and Lessor, at its option, may require all future Rent
<br />be paid by cashier's check, Payments will be applied first to accrued late charges and attorney's fees, second to accrued interest, then to
<br />Base Rent and Common Area Operating Expenses, and any remaining amount to any other outstanding charges or costs.
<br />c •. 11 ISM
<br />WN *M - c 01 M
<br />6. Use
<br />6.1 (a) Agreed Use; Agreed Trade Name. Lessee shall use and occupy the Premises only for the Agreed Use, and
<br />for no other use or purpose without Lessor's prior written consent, and Lessee shall operate at the Premises only under the Agreed
<br />Trade Name and under no other trade name without Lessor's prior written consent. Lessee shall not use or permit the use of the
<br />Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants of or causes damage to
<br />neighboring premises or properties. Other than guide, signal and seeing -eye dogs, Lessee shall not keep or allow in the Premises any
<br />pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a
<br />modification of the Agreed Use, or to the Agreed Trade Name, If Lessor elects to withhold consent, Lessor shall within 14 days after
<br />such request give written notification of same, which notice shall include an explanation of Lessor's objections to the change in the
<br />Agreed Use and/or Agreed Trade Name.
<br />(b) Continuous Operation. Lessee shall continuously (i) operate and conduct the Agreed Use under the
<br />Agreed Trade Name within the entire Premises in a reputable manner and in conformity with industry standards of practice prevailing
<br />in the field of business awoee tnefehants eneaeod in " molar- bustne^^ in the nitv in which- the :... r�( i)
<br />so as to «,....:...:..e Gress Sales n « ,, aumz�u -:x ,.tics" see - shall - keep -t�' Prnmiscs continuously open t « I. .loess nA',. ida .may
<br />� �ni o a. si�� ., •tlkr'day-fr8n3-9r0Q -az:'. tic vo4•nn p.m., ,. «.7 r.. «.i,... F «,..., 10:00 ., to 6!0 ..
<br />(c) Violations of Exclusive Use Rights. Lessee acknowledges that Lessor may grant, or may have previously
<br />granted, exclusive use rights to other Lessees of the Shopping Center and agrees that a material consideration to Lessor in entering
<br />into 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 of exclusive use rights granted to other Lessees of the Shopping Center will result in Lessor suffering irreparable
<br />harm and, therefore, in addition to all other rights and remedies available to Lessor, Lessor may seek to enjoin Lessee's breach of such
<br />covenant and Lessee shall be liable for any damages incurred or sustained by Lessor to such other Lessees whose exclusive use rights
<br />are breached by Lessee. In no event shall Lessor be liable to Lessee for any failure of any other Lessees of the Shopping Center to
<br />operate their businesses, or for any loss or damage that may be occasioned by or through the acts or omissions of other Lessees or
<br />third parties,
<br />(d) Other Tenancies. Lessor reserves the absolute right to establish procedures to control other tenancies in
<br />the Shopping Center. Regardless of whether any specific Lessees are shown on any site plan attached hereto, Lessee does not rely on
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