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4. Admitted in part and denied inpart. Admitted regarding the identity of Exhibit "C"
but denied as regarding any attempt to characterize the intentions of the Delcmdant or the
obligations imposed. By way of lllrther answer. the Shopping Center Lease included a deletion
or'Gross Sales" for Percentage Rent calculations
5. Admitted in part and denied in part. Admitted regarding the identity of Exhibit "D" but
denied as regarding any altempt to characterize the intentions or understandings of the parties or
the obligations imposed.
6. Denied. This averment lacks sullicient specificity to permit a response by Defendant
and strict proof thereof is demanded.
COUNT I
7. Paragraphs one through six above are incorporated as though fully set forth.
8. After reasonable investigation, Defendant is without knowledge or information
10. As the Shopping Center Lease Agreement speaks for itself. any attempts by the
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sufficient to form II beliehs to the truth of this averment and the averment is, therelore, denied.
9. Denied as stated. It is admitted that Defendant entered into a Shopping Center Lease
Agreement as set forth in Exhibit "A" to the complaint
Plaintiff to excerpt sections thereof or to render interpretations thereon. is denied.
II. Denied
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12. Denied.
13. Admitted.
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14. After reasonable investigation. Defendant is without sufficient information or
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knowledge to form a belief as to the truth of this averment and it is, therefore. denied.
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IS. Denied.
WHEREFORE, Defendant requests that this Court enter judgment in Defendant's favor
and against Plaintiff together with costs of this action.
COliNT II
16. Paragraphs one through 15 above are hereby incorporated as though fully set forth.
17. To the extent these averments constitute conclusions of law, no response is required,
To the extent a response may be required, Defendant denies that Plaintiffhns incurred or is
cntitled to the damages alleged.
18. Denied, By way of further answer, Defendant denies that Plaintiff has incurred or is
cntitled to the damages alleged
WHEREFORE, Delendant requests that this Court enter judgment in Defendant's favor
and against Plaintiff together with costs of this action.
NEW MATTER
19. Prior to March, 1995, a major a,lchor tcnant in the premises located at 133 Old
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Geltysburg Road, Mechanicsburg, Pennsylvania opend a new store approximately two miles
away.
20, As a consequence, trallic and customers visiting the shopping plaza were greatly
diminished and reduced
21. The Defendant requested a decrease in the rental obligations from the Plaintiff
reflective of this decrease in traffic and customers,
22, Representatives of the Plaintill' informed Defendant that the Shopping Center Lease
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Agreement would be modi lied to rel1ect one monthly payment for rent.
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WHEREFORE, the Plaintiff requests that Judgment be entered in its favor and against the
Defendant together with cost,.
APPEL & YOST UP
BY:
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William J, Cassic6, Jr.) .;.
Attorney 1.0. No, :tt-724
Attorneys lor
Kimco Development of
Giants, Inc.
33 North Duke Street
Lancaster, P A 17602
(717) 394-0521
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
KIMCO DEVELOPMENT OF
GIANTS, INC"
Plaintiff,
vs.
No. 96-2169
T AN TAN, INC.
Defendant.
CERTIFICATE OF SERVICE
The undersigned hereby eertifies that on this date, a true and eorrect copy of the
foregoing Reply to New Matter was served by mailing, first class mail, postage prepaid, to the
following:
David A. Baric, Esquire
O'Brien Baric & Scherer
17 West South Street
Carlisle, P A 170 \3
APPEL & YOST LLP
BY:
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William J. CassidX. r.. <:. "
Attorney 1.0. No. 3T724 . ~- ~ .
Attorneys for
Kimco Development of
Giants, Inc.
33 North Duke Street
Lancaster, PA 17602
(717) 394-0521
. Dated:
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9. The Defendant is the I.csscc of the prcmises located in the Upper Allen Pla~, Site
#374, Store No. "7" in the shopping ccnter locuted utl33 Old Gettysburg Road, Mechanicsburg,
Pennsylvania and designated in Exhibit "A."
10. The Leose providcs that if the Defendant fails to puy rcnt when due ond such lililure
shall be repeated for two (2) consecutive months, or for a totol of three (3) months in any twelve
(12) month period, then Plaintiff/Lessor may l1Ic a Complaint in Ejectment.
II. The Defendont has failed to pay Icose chargesof One Thousand Five Hundred Thirty-
one ond 25/100 Dollars ($1,531,25). The Defendunt has failed to pay Nine Hundred Twenty
Seven and 50/100 Dollars ($927,50) lor common urea maintenunce for the months of September
1995 through March 1996. The Defendant has also failed to pay tax rent of Six Hundred three
and 75/100 Dollars ($603.75) for the totol of One Thousand Five Hundred Thirty One and 25/100
Dollars ($1531.25) remaining due despite Plaintiff's demands for payment thereof.
12, Because the charges due in the amount of One Thousand Five Hundred Thirty One
and 25/100 Dollars ($1,531,25) remains unpaid, Defendant owes and the Plaintiff claims late
charges at the rate ofa Fifty and 00/100 Dollar ($50,00) late fee per month for a total of Three
Hundred Fifty and 00/100 Dollars ($350,00).
13. Defendant is prcscntly in possession of the aforesaid premises.
14.. Notice was sent on March 8,1996, that Defendant was in violation of the Lease for
nonpayment of the rent.
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15. Despite the terms of the Lcase W'\d the Notice to Quit, Defendant has failed and
refused to vacate and surrender posscssion of the premises.
WHEREFORE, the Pluintiffrcqucsts thutthc Court cnter a judgment in fuvor of the Plaintiff
and against the Defendant, Tun Tan, Inc.. for possession of the premises located at 133 Old
Gettysburg Road, Meehaniesburg, Pennsylvania.
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COUNT II
BREACH OF CONTRACT
16. Paragraphs I through 15 are incorporated herein by reference.
17. The Plaintiff claims damages in the amount of One Thousand Five Hundred Thirty-
One and 25/100 Dollars ($1,531.25) for Defendant's failure to pay rent under the Lease as well as
for interest, costs and attorney's fees.
18. The amount of charges due through March 31, 1996 is One Thousand Five Hundred
Thirty- One and 25/100 Dollars ($1,531,25) and late charges of Three Hundred Fifty and 00/100
Dollars ($350.00) for a total of One Thousand Eight Eighty- one and 25/100 Dollars ($1,881.25).
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1l~"19"90 Fill lOIU FAX 510 eea TUg
'IUllell REALTY
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VERlFICA nON
NA'NCY JOHNSON states that she Is. vice-president of Kim co Development ofGfants,
Ino,. that she is authorized to make this Verification on Its and her behalf. that the facti set forth
in the foreaolna Complaint are true and correct to the best of Iter knowllldse, information and
belief, and that the foreioina Is m.ldc subject to the penalties of 18 Pa. C.S. Section 4904 relAtIna
to UIlIwom falsification to allthorities,
By:
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exhibit A
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,KIMel) REALT\'
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.ALL that ,certain tract 01' land .Uuate .in th. 'I'ownahip of
Upp.r All.n. Co~nty of Owab.rland. ooaaoDw.alth of 'ennavlvania.
~oUDd.d and d..;r1b.d a. follow..
810%NN%"0 at an J:ron Pin elt in the .alt.rly D.dioate~
.light ot Way loin. of GeUy.burg '1Ice. .aid Pin being located a
di.tance of 728,a f..t north ot the centerline of South M'rleot
acr.et IL.R. .1'1'
'I'HI"CI alOD; the .aid Dedicated .a.t.rly line of G.tty.burg
.ike, Korth '0 degr... 14 ainut.. 2a ..cond. I,.t, a diatanc. of
43$.00 t..t co a 'K Hail,
'I'HINCI alon; land. of Jo..ph H. and'Ruth .. H.... South a.
degree. 40 ainuc.. 30 .econd. la.t. a da.tanc. of 60a.l1 f..t to
an Iron Pin .in the pr...nt w..t.rly JUlIlIt of May loin. of u.s.
Rout. 1a CL.R. 1a31,
'1'HINOI along .aid w..t.rly Right of Way L1n. th. following
three 131 cour... and di.tancee,
1, louth:n degr... III ainut.. ill .econde W..t.. 60. 7~
te'tl
3, louth ~3 lSegr... 04 ainut..OIl ..conda w.n. 36a.,U
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a, South I~ d.;re.. 1. ainut.. ao ..conda W..t. U.~l
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to an Iron Pin at ~. land, of Ilvin .. He.. and Charlott. He...
hi. wUe,
THENCI along landa of Ilvin I. and Charlott. H.... North a.
d.gr", 45 a1nuc.. '11 .eoond. W..t. a d1atano. or a'I,31 ~..t to
an Iron 'in in th. ...t.rly 11n. of Oetty.burg Pik.. the point of
JIOIHNINO.
BIINO a p&rt of Lot No. 1 in . c.rtain .ubdivi.ion plat &&de
for th. Orantor. b.rdn by My.n-MII""sb.r InIUn..,.. Inc.. on
IIprn 11, U75. an'" neord.d in OCUce of the ft.co~dll' ot DUda
in and tor Cuab.rland County. 'enn.ylvania. in Plan look a7, pag.
ee. '
, lUNG. pa..t of the .... prtld'.. which beg... v..ted ~n
OUMatft~D OOUNTY INDUSTRIAL DIVI~OfM&NT AUTHORITY. by d..d Cr"a
30SIPN H. HRSS and RUTH P. HISS. hS. wit.. dated April a.. i17'
.Dd r.cord.d April 30. i.7. in D..d Boole o-a.. pege '0.
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Lenlng
Lega I ., ~S'.
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Constr
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SHOPPING CENTER LEASE
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SITE NO.:
LANDLORD:
374 - Store 07
KIMCO DEVELOPMEN'f OF GIANTS, INC.
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TENANT:
TAN TAN INCORPORATED
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LOCATION:
DATED AS OF:
UPPER ALLEN, PA
December 12, 1991
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1. Leased Pr..lses
1. Landlord leases to hnant, and hnant leases from Landlord, the1LeawJ. Premises shown on
attached hhiblt "A", which for all purposu shall be deemed to contain , :lVO square feet
of space (the "Floor Area") In the Shopping Cenhr shown thereon,
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2. lease Tera ISe~t~r 1. ~
2, The hrm of this lease ("Lease Term") and hnant's obll~atlon to p~ Rent ~all c~:men~e'
a~:~ ::. eilh,- I m ~: ~"l' ~!~e~ ~!~lUhR 8 \~. LUll Pmll. i4 R~' Id I
..JtMnt. II' (HI 'hI ~It. flAIRl "'AI tRY ,Ira If Uti l.lIl~ Prultlu fal k~ihl{;l lhe teue TtQII
shall expire w thout prior notice on August 31, 1995.
anniversarl of the date of commencement. When IHe commencement date has occurred, and If Landlord
so reques s, Tenant shall deliver to Landlord a statement In recordable form specifying the
commencement and expiration dates; said statement will be a part of this l.as..
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3.8as. Rent
3, Tenant agrees to pay Landlord Base Ront n follows:
LEASE YEAR ANNUAL BASE RENT
MONTHLY INSTALLMENT
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h,240.0~
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Base Rent shall be paid monthly in advance on Ihe first day of each calendar monti, during thot
Lease Term. If the commencement date Is not the first of the month, the Base Rent for that month
shall be prorated. Tenant agrees to pay all Base Rent and other Rent to Landlord or its designated
agent without the necessity of Landlord making any prior demand and without Tenant making any
counterclaim, defense deduction or offset. The obllgatton to pay Base Rent and other Rent Is an
independent, unconditlona1 covenant. Rent shall be sent to the address Landlord designates, If
Tenant's check for any Rent payment is not honored any time by Tenant's bank, Landlord may demand
all payments by certified check thereafter; and Tenant shall be "Iable to Landlord for any bank
charges incurred by Landlord. All other payments to be made by Tenant pursuant to this leall are in
addition to Base Rent.
4. Percentage Rent
4, J:) ~ a~1t~o~ t~ 8a:e R~t, hna't 19;"1 10 '1~ lfh~~8~~ 11 ~ditie.::..1 r~t fe, ~~ ~~:~.
Yee, t 8 ktn, t hi- h lllldl sMl1 e. .1t.1t~ wn p 11 :'.Flt-l,lI 1 (~'F.tA GJll1~ 'I . .
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lease Year Defined
(B) "Lease Year" Is defined as follows: th~ first Lease V..r shall commence on the
convnencement date of the Lease Term and end Auqust 31, 1993,
falhuiRY the eemmeRumlRt ~lU. Each succeeding lease Vear shall lie the period of each 12 full
calendar months followIng successively thereafter except if the ldst Lease Year Is a lesser period
for any reason.
Groll Sales
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he ate of the prices charged for all merchandise and services sold or leased in or
lase Prem during that lease Year, whether by renant or by any other person, a er sol
n credit or pal ~y the CLJ'Holller by cash, .:heck or oth~rwise, and wheth e merchandise i
ell\lerecJ or the ser\lll:~ender",,'J from the le,1H:d Pltlllhes or el e, including (wttho t
Imitation) sales at the leailtt~emises acroll the counter tel or mall orders u1es fr
echanlcal devices or vending mach1 and deposits not r to customers and layaway sale'
.cept that the fOllowing sliall not be 1 ed as ales, or If previously Included In a y
ease Year, may be dedur.ted subsequently from ales reported for such Lease Vear: (i) refun s
r credits to cultomerSf and (Ii) retail ta.es ~d specifically and separately as such 0
ultomers and paid by enant to t XIng authority. Una~ circumstances shall there be a y
eduction from Gross Sal.s son of Tenant's being liable any franchise tax, caplt 1
tock tax, Income tax_p~ml ar or dllllmllar ta, based upon Tenant's receipts, groll or n t
ncome, capltaIJtnRtu.e, or profits. The prices charged shall be Inclu GrOll Sales n
ellvery to-oCrthe laying away of the merchandise for the customers or on the r n of t
er!ic~ The risk and' expense of non-collection for bad debts or for granting credit s e n
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par-ent f Percentage Rent
, (the Rate"! of the amount b~ which Gron Sahl 1'111 hed during the Lea r
S (the 'GroB Sal,s Base'): the do ll.r number just stt forth f e Gro ,
s be reduced proportionately for any Least Year whlc~ is less twelve (1
alendar months 0 which the aggregate Base Rent paid in that Lease Year is than the annu
mount to be paid spec d In Section 3 hereof. Tenant shall commence to ercentage Rent durl g
"h Lust Year on the 10 of that month which Immediately fol t e month In which Gro s
aIel e~ce,ds t~e Gross Sales for the then current lea~e Year ereafter, for each succeedi g
onth remaining in that ~ease Year, ed on additional Gras es, Tenant shall pay (in additl n
o the monthly Ba.. Rent) the additiona centage Ren at the same time as Tenant furnish s
ach monthly Gross Sahs statement. On rece ord 01 Tenant's certified annual GroB Sal s
tatlment, there shall be made, if warranted du he certified statement showing more accurate
nd rellaDly a difference from the cumulatl onthly ements, an adjustment between Landlord a d
enant, with payment to or repayment b dlord as the may requfre: to the end that LMdlo
hall receive the e~act amount of entage Renl payable, [a ease Year shall be a separate a
ndependent computation for G ales and P,rcentage Rent that y and Gross Sales of any Lea e
ear and the Percentage due thereon shall have no bearing on Gr ahs of any other Lea e
ear, It is agreed ,if for any ruson, the L....d Premises are ustd 0 'purpose other th
he Usf expr ss rmitted pursuant to Artlch 9(A). then Landlord shall have right to chan
he Gross Bast figure and the Rate figure slated above, in each instance to alterna e
Igure arel In Landlord's sold and absolute judgement, comparable to industry standa or t
s which tne Lused Premises are being put, There shall be no off..ts, deductions or
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Stat_nts
iL dlord a month y statement showing the Gross Sa .. for said month. Then, 'on or before the 3
ay fter the end of each Lease Year, Tenant shall furnish Landlord an annual cumulative stat en
in su detatl as Landlord requires showing the Gross Sales for said Lease Yur and at t sa
time Te t shall pay to Landlord all (or t~e balance) of the Percentage Rent due lor the L Sf Yea
overed ~ said annual statement, Monthly and annual statements shall be signed by prlnclpa
xecuttve 0 Tenant, Annual statements s~all also bear the certification of Tenant' Independen
ertitled pu~ c accountant. Tenant's failure to report its Gross Sales timely an n the manne
equlred by th lease shall be deemed a default equivalent to a nonpayment of nt. If Tenan
hall fail to pro de Landlord with any required statement within 30 days after I due date, Tenan
hall pay a late ch qe of $50 per month for each statement for each month the ame is overoued an
in addition, Landlor ay employ its own accountant or other agent to exam Tenant's recor S t
et the Information an :Tenant shall pay all fees, expenses and costs th of as additional rent
en ant agrees to keep in e Leased Premises true and complete books and ecords of all Gross Sale
ade by Ttllant or by any 0 r person (InclUding deductions or exclusi s therefrom). Said record
hall be in accordance with erally accepted prlncipln of retail ore accounting, and shall a
he least Include: dally recor of cash and credit sahs, Income ax returns, sales tax reports
ancelled chicks, c~,eck books, c k stubs, bank statements, co ter printouts, books of account
epos Its 1 Ips, saln slips, sa les cei pts, records of purc es and inventory records and cas
e91ster tapes. Landlord or Its ag s may comphtely aud' , revlew and examfne all of Tenant'
ooks and records, which Tenant agrees each Lease Year keep intact for not less than 48 month
fter the end of each Lease Year to whlc they pertain. andlord's failure to make an examlnatlo
or any period shall not be an admission 0 ~e correc ess of any statement or payments by Tenant
or will it bar Landlord from collecting any Ime t eafter the Percentage Rent actually due. J
ross Sales reeorted for any Leale Year are u rated by 2\ or more of the true amount Tenan
hall pay to andlord, In addition to the addlt al Percentage Rent due which Tenant shalt pay 0
emand, the costs and expenses of Landlord's a t examlnatlon. An understatement of 5' or mor
hall be deemed conclusively a deliberate Incura e default by Tenant. If Tenant dispute
andlord's claim for Percentage Rent based n examlnat results, Tenant may pay under protest an
ithln gO days after having received La ord's notice the Percentage Rent due, may sue for
efund of claimed overpayment. Fallur 0 state "payment u er protest" in writing on the checkl 0
ailure to sue within 90 days shall a waiver of claim. I ny such case, the 6urden of proo t
how Landlord's Gross Sales figures s being inaccurate shall be n Tenant, If Landlord schedules a
xamination and Landlord's examl is una~le to conduct the exa ation due to Tenant's failure t
roduce proper records or fall e to keep the appointment or other drance attributable to Tenant,
hen in each such case Tella shall paYl as additional rent, the ex ses and fees charged by th
xamlner regardless of wh er the exam nation 15 not then held or I held at a later date, I
enant's records are In equate or are not produced suffletently, or events occur which ar
escrlbed in the prev us sentence disabling Landlord's examiner from c ducting a utisfactor
xaminatton, and an of this causes Landlord's examiner to be unable to etermine, confirm 0
xamine for actual ross Sales, Landlord shall have the right, without needing enant's consent, to
stablish an es ated Gross ,ales for the period In questton by any alternat means, including
without limit on) external or other Indices such as customer count, number of Te nt's employees,
mount of Te nt's purchases, the quant ity In the s tore of inventory, the amount of ank depos i Is,
est obser ions, test-period audit or other factors (all during a period Qr at datu bsequent t
he peri in question, if necessaryl' If Landlord causes an examination of Tenant's cords 0
usine to be made, or determines he estimated Gross Sales in the alternate manner 0 by th
He ate method as just described In the previous sentence the Gross Sales so establi d b
a ord shall be conclusively the Gross Sales for computing Percentage Rent, and Tenant shal a
,
5, Taxes: Additional ~ent
5. (A) The word "Taxes" shall mea" and Include: all real estate taxes: special and general
assessments (including for sewers, roads and other batterments), water and sewer rents and charges
inc 1 ud i ng connect i on or hookup charges (but exclud Irlg water or sewer charges based on consumpt ion,
measured by meter directly and Individual!" to and payable by another Tenantl; governmental license
and permit fees; charges for any public or' private easements benefitting the Snapping Center; and In
addition ,111 other lji'}vl!'rnmental impositions Jnd ch,]rqes of every kind and nature whatsoever
(eJllr,lOrdin..try "., welt 010;, ~rll1!lMy., f0reseen ~nd lJnfore~l~l'n) dnt! ell~:h and ever~ in5talJment thereof,
any of WhlCI\ of the roreyollIY UIJI'1I1Y the Lease rerlll are .lther a 11In on the Shopping Center lands
~ulldlngs or other improvemects (or any portton) or which are charged, levied or assessed on, or
Imposed in conn~ction with the use, occupancy or possession of the Shopping Center lands, buildIngs
or other improvements (or any portIon); and also: all taxes, license fees or other charges mealured
by the rents receivable by Landlord from the Shopping Center and occupancy taxes rent taxes or
similar taxes, and all interest on Tax installment payments' and all costs upenses and fees
(Including attorney's and other expert's fees) Incurred by Land\or.d in contesting and/or negotiating.
faxes with the public authorities (regardless of the outcome of any such contestation or
negotlationl. If any method of taxation prevailing on the date of this lease shall be altered, so
as a subS! tute for the whole or MY put of real estate taxes there is levied or assessed a
different kind of tax, the different tax shall be deemed included in "Taxes", However, "Taxes"
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-1nl tal
Landlord:
lm~nt '
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shall not include any inheritance, estate, succession, transhrJ gift, franchise or corforation taix,
or anY net income tu, profit tax or capital tu levitd imposo on landlord, A copy 0 an offlc a
tax blll with r.spect to a governmental tax or asse.sment shall be conclusive evidence of the amount
of a Tu. If tht leased Pr.mlsos is located in Indiana Ohio, Illinois or any other Jurisdiction
wherein taxes are accrued or become a lien but are bille~ or payable afterwards In arrears, then so
lung as they are or btcomt payable durlrg the leaso Term. such taxes Shall be Included in the
deflnltion of "Taxes" shared In or rayab e by Tenant according to the prov siolls of this Article
even though tht payment thereof rela es to a tiscal tax period In whole or in part occurring prior
to th. commencemenl of the lease Term.
Tu Rent
(B) As additional rent (herein called "Tax Rent"), Tenant agrees to pay to landlord, Its
sharf o( the Taxes by paying on the first day of each month in advance, 1/12th of the product
obtained by multiplying the aggregate amount of all Taxes payable by landlord for the then current
coltndar year by a fraction, of which the numerator is the Floor Area of the leased Premises and the
tienomlnator is the total square feet ground floor area which Is leasable for space (on the first day
of tht month In question) inside all the buildings of the Shopping Center, If at any time prior to
the date Tues are payable by landlord it is aetermlned by landlord that the estimated Tax Rent
payments made by Tenant shall be insufficient for landlord to have In hand on the said Tax payment
date the full amount of Tax Rent actually due from Tenant, then Tenant within 10 days after notict,
shall deposit with Landlord the full amount necessary in order to enable Landlord to have In hand by
sald Tax payment date th~ total Tax Rent. If after the end of a calendar year (or other accounting
period used by Landlord) the total of the monthly payments (and, if applicable, the aforesaid
deficiency payments) mJde by Tenant for the year has exceeded or is l.ss than the annual Tax Rent
actually due, then ~romptly an adjustment shall be made between Landlord and Tenant with appropriate
payments to or repayment by Landlord, as the caso may be, If the amount of any Tues payable during
the current year shall not yet have been bllled by the taxing authority, the monthly Ta" Rent then
nayable shall be based on lhe amount of the corresponding Ta..s for the immediater: preceding Tu
year plus 6~ of said amountl subject to Immediate adjustment (and payment of the ad usted amount by
Hnant) when such Ta..s sha 1 be billed or determinea. Tenant's estimated monthly u Rent for the
first calendar year or balance of the fI.r~t calendar year if the Lease Term starts on other than
January 1st shall not be less than $86,;t:) per month. For any portion of a calendar month at
the beginning of the Lease Term, Tenant's Tax Rent shall be prorated for that month.
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Other Tues
(C) In addition to sharing in Taxes by paying Tax Rent, Tenant agrees to pay In the entirety:
all Taxes attributable to its signs and to Hs other personal property and to its leasohold
interest; all Ta..s allocable or attributable to any improvements made by Tenant to the leased
Premises; and also any occupancy tax or other tax on ItS right to occupy the premises; and also all
Taxes on Its Rent \Includlng sales ta.es on rents If the ~eased Premises is in Florida or any other
Jurisdiction impos no. the same or similar tax on rents) and other rayments impostd on tenants
generally. Upon Landlord's demand, Tenant shall furnish proof of paymen of all such Taxes.
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Additional Rent
(0) In addition to the Base Rent, all other payment' required to be made by Tenant (including
but not limited to Percentage Rent Ta) Rent, Common Area Rent) shall be deemed to be additional
rent and included in the term "Rent" wherever used even though not expressly so designated. Unless
another time is expreSSly provided for the Jlayment of additional rent, it s~all be due and payable
on denland or together wlth the nut installment of Base Rent, whichever first occurs. Landlord
shall have the same rights and remedies for non-payment of any additional rent or for not posting
with Landlord any Security Deposit as for a non-payment of the Ba~e Rent.
late Rent
(E) Any Rent or Security Deposit not paid when due shall bear Interest on the payable amount
from the date when due until paid at the annual maximum rate of interest permitted ijy law; and in
addition, Tenant agrees to pay Landlord a $50,00 l^te charge for each overdue payment,
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6. Security Deposit
6'. (A) Landlord as;k11oV<l~dne~.receipt (if by check, subject to collection) from Tenant as
-He~rit) af the l~m of 101, ~qd'. 1'4 Oollars as Security Oeposit for the payment of Rent and th:
performance and observance of this lease on the part of Tenant. If Tenant defaults under this lease,
or defaults under any other lease or agreement between Tenant and either Landlord or an affiliate of
landlord, Landlord may, without prejudIce to any other available remedy, apply the Security Oeposlt
or any portion thereof towards the curing of such default and towards compensating Landlord for any
loss or damage arising from such default, Upon the yielding up of the leased Premises at the
expiration of this lease, if Tenant shall not then be In default or otherwise liable to Landlord
the unappl ied balance of the Security Deposit shall be returned to Tenant. If at any time landlor~
appl i es any part or all of the Security Oepos it, Tenant, on demand, shall pay to Landlord twice the
amount so applied, which shall become part of lhe Security Oeposit, so that Landlord shall have on
hand the full original Security Deposit plus such additional amounts at all times. If LMdlord's
interest in thts rease shall be transferred and the then Landlord turns over t~ Its transferee said
Security Oeposit (or the unapplied balance thereof), then thereafter the transferor shall be
released from any and all llab,lity with respect to said Security Oeposlt or its return to Tenant,
it being understood that Tenant shall thP.reatter look only to such transferee with respect thereto.
Tenant shall not mortgage, ass Ign or encumber its i nteres tin the Security Oepos it, and any at tempt
to do so shall be VOId. Upon any transfer by Tenant of its Interest In this lease, said Security
Oeposlt ar,d Tenant's interest thtt'ein shall be transferred to the assignee. In case of Tenant's
bankruptcy, reorganization or other similar proceeding, the Security Defosit shall be deemed applied
first to payment of unpaid Rent for all periods prior to inst tution of the proceedings.
(8) Tenant agrees that notwi thstanding any alleJled defense, counterclaim or offset against
any Rent, Tenant shall continue to pay Landlord faithfully when due according to this lease all Rent
and addi t i ona 1 rent accru Ing duri no. the cont inuance of the d ;spute or legal act ion, Fallure by
renant to make ,,,ch payments of Rent sh"l1 preclude ren,'nt from Interposing any such defense, counter-
claIm or offset in tF1f~ leq,\l i\ctio!l MId 'ilia! I be deemed {lutom.Hicdlly to constitute a waiver of
feniHlt' 5 right tv interpo5t ~uch defense, counterclaim or offset in any legal action. Further
Tenant hereby consentl to the entry of an order in any court action by Landlord requiring Tenant to
make Rent payments during lhe pendency of the lawsuit despite any defense offset or counterclaim
Tenant may assert. Upon Tenant's fallure to continue to pav the amount of the accruing Rent and
other charges, Land lord in any such instance, in add I tion to' all other remed its Land lord may have
may lend Tenant a notice terminating this lease and Tenant's leasehold estate forthwith ufon five (5\
days' prior notice, and if Tenant does not make all of such payments within said five (5 day notice
period then automatically and without any further notice to Tenant, this lease and ihe Lease Term
Shall terminate and expire with the same force and effect as if the end of said five (5) day periOd
.3.
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was the original stated date set forth In this lease as the expiration of the lease Term but Tenant
shall remain Itablt to landlord u prov'ded in Article 15 hereof, and Tenant shall forthwith vaclle
and surrender the lused Premises in good order and condition, broom clean and in accQrdance with the
proYlsions of this lease, and in default of doing so, landlord shall haye the right to summary
proceeding, eviction and all the other remedies against Tenant IS a wrongful holdover Tenant,
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7, Construction; Condition of Pr..lses' Work
7. If Tenant enlers the Leased Premises before the luse (erm has commenced, then notwithstanding
that Rent may not be yet paY3ble, during that preliminary period Tenant shall pay for all utilities
used by It and agrees to defeno, indemnify and hold landlord harmless from all liability which
arises out of Tenant's possession, use or occupanc{ during that period; and Tenant sha I provlde
Landlord with the insurance referred to In Article 1(8) hereof, and the indemnity in Article II A)
and during thll period all other provisions of this luse shall apply, except (unl~ss otherw se
slaled herein) the obltgatlon to pay Rent. Tenant agrees to fixture and do all other work
(including Installation of an attractl.. exlerior lIghhd sign abo.. its entrance, subject to
landlord's prior written approval thereof) as is appropriate In order to ready the leased Premises;
and Tenant agrees to complete its work, and fully staff and stock Its store and open for business
p,'omptly. Prior to operating its buslneH, Tenant agrees, at Its lole expense, to obtain a
permanent certificate of occupancy (or local equlvalenr) from the bullding department (or other
local government agency having Jurisdiction) for the Leued Premises and final lten waivers for all
work ferformed by or on behan of Tenant Md forward caples thereof to Landlord; failure to comply
with he preceding part of this sentence shall constitute a material default. Tenant further agrees
that throughout the entire Lease Term and during all times Tenant is occupying the Leased Premises,
it shall, at its sole eXfense, in doing any worK or making any installatIons or using or occupying
or conducting businus a the Luse Premlsu Comply with all present and future laws, regulations,
building codes and/or fire codes applicable In whole or In part to the leased Premises or Its use or
occupancy or buslnus operations, Including but not limited to such u relate to Installation,
maintenance, upgrading, repair Or replacement of sprinkler systems; and Tenant agrees to defend,
indemnify and hold landlord harmless from all losses, damages, claims, Itabllfties, costs and
expenses (including legal feesl arising out of any failure to do so. Except if specifically Hlled
otherwise in this lease, Tenan acknowledges having conducted all inspections it deems neCtlsary and
agrees to accept the leased Premises and all of the equip.tnt, apparatus, plumbing heating, air
conditioning, electric, water) waste disposal and other systems relating thereto and the parking lot
and the other Common Area Or the ShOPpIng Center "AS IS" in Its existing physical condition when
possession of the Leased Premises is delivered to Tenant, and landlord is not obll~ated with respect
to either the leases Premises or the Shopping Center to make any Improvements, changes,
insta llatlons, do any work, make any al teratlons, repal rs or rep lacements, c lean out the leased
Premises, obta in any permits, 1 i censes or governmenU I approvals, or spend any money ei ther to put
Tenant in possession or to permit Tenant to open for business, unless Landlord has agreed in this
lease to do any work, in which case such work shall be Itmited to the provhions set forth on an
attached work Exhibit signed by Landlord, which work shall be deemed comfleted when landlord's
architect shall so certify. All work other tha1 that to be performed initial y by Landlord, if any.
shall be accompl Ished by Tenant. Unless spec fically stated otherwise in this lease, it shall be
deemej that Landlord shall have tendered possession of the leased Premises to Tenant invnedhtely
upon complete execution of this lease by both Landlord and Tenant. All alterations, decorations,
additions and improvements made by Tenant to the Leased Premises and all huting and
air-conditioning units{ equipment and apparatus at the Leased Premhes and other fixtures such IS
'celllng tiles and gr ds, lighting filltures, boilers, floor and wall coverings, alarm systems,
lights, toilet fixtures, partitions, doors and utilities except signs, counters or other eastly
removaole trade fixtures installed by Tenant at Tenant's expense originally are and shall at once
when made or installed be deemed to have attached to the freehold and become Landlord's property;
provided, however if landlord so directs prior to termination of this hase or within 30 days
thereaftur, Tenant shall promptly remove the additions, improvements, fixtures/ signs, counters,
trade fixtures and installations placed in the Leased Premises by Tenant and shal repair any damage
occasioned by such removal and restore the damaged part of the leased Premises to goo~ condition;
and in default thereof. Landlord may ,ffect seid removals, repairs and restoration at Tenant's
expense.
8. COIIIlOn Area
8, (AI "Common Area" is hereby defined as all lands, areas, equi~~ent, facilities and services
of the Shupping Center (or of any other land or property, if made available by Landlord) for the
safety benefit or convenience of tenants and theIr employees, subtenants, customers and invitees,
includIng as illustrations (and not in limitation): all parking areas, driveways, truck serviceways,
sidewalks and curbs; entrances and exits from the adjacer., streets; traffic h lands, landscaped
areas, trees, shrubs and other landscaping; meter rooms outside individual stores; fenclnJl at the
rear of, around or elsewhere located in the Shopping Center; lighting facilities to iTluml"ate
parking area or other areas outside Individual stores; sprinkler system serving the landscafed areas
and srrlnkler rhers serving any buildings' cesspools, sewers, lift stations, drainage p pes, and
condu ts and the connections thereto located outside individual stores; the entire roar, all gutters
and downspouts and the exterior of outside wall (but excluding storefronts I of all building (without
implying that Tenant has a right to use the roof or the outsldo walls); d rectional or safety signs
and fylons and sign panels to Identify the Shopping Center; and other areas, equipment, services or
fael ities of the Shopping Center that are made available for the common use or benef t of tenants
and others.
(8) Subject to the following subparagraph "(C)" and so long as Tenant is not in default,
Tenant and its employees, agents, and customers shall have the right, in common with otherst to the
use or benefit of the Common Area to the extent and in the manner reasonably designated by andlord
and permitted by this lease.
(Cl Landlord reserves the right at any time and from time to time to change or reduce or add
to the Common Area. Except as set forth in Article 9(C) (wherein Tenant agrees, among other
things, to keep all sidewalks, service areas and loading docks adjacent to the front and rear of the
leased Pr..mises swept and clean and to keep sam. free of ice, snow and trash), all Common Area shall
be cared for by Land lord, A 11 Common Area shall be under the excl us I ve control and management of
Landlord (including the hours tha.. parking area liqhts are kept on). Landlord may establish, and
there~ft(!~rn()dify .1nd enforce rlJl~~ i1nli reqlll.ltioll'i with r"'ip~(t to the Common Area on 11
n()n-tll~<:r'lm't1,1tory b,'..l.... Tell.lIlt MJI"I."", It and lt~ ofllr;er~ JIIU ell'jJlo)'ce~ WIll IJdrk theIr vetllcles
only in aredS Landlord de~igflJte5 for emphoyee parking, and if after one violation notict a
violation reoccurs by Tenant, its officers or employees parking their vehicles In other than the
employee parking areas, Landlord shall have the right to tow off any vehicle parked in violation at
Tenant's expense or to levy an allessment against Tenant of $40,00 per day for each such v,hiclf,
At no time shall Tenant permit trucks or delivery yehicles used by it to be parked in the Common
- 4 -
Inlt ia)
Wfurd'
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'Area except where permitted by landlord. landlord shall have the right 10 impost and .nforce
parking charges bl: meter or otherwise. landlord may clole any part of the Common Area for such time
as is necusary n ih opinion to prevent a dedication thereof or accrua f rlgh s In any erson
1r in order to d scourag' non-customer parking, Under no circumstances s~a~l land'ord b, ob~igated
although it may do 50 .t itl option) to kttp th, Common Area tllumlnated to any extent after 9130
,H. or on any Sunday or lega holiday.
COIIOn Ar,a Rent
(D) In the manner hereinafter du(rlbed, Tenant agrns to pay annually its share of Yearly
Com~on Aru Costs. On the flnt day of each month in advance Tenant agrees to pay to landlord, as
additional rent (herein called "Common Area Rent") I/IZth of tenant's annual proportionate shar, of
landlord's tltlmated "Yearly Common Area Costs" (hereinafter deftned), based on landlord's
estimates. Tenant's annual rroporttonate share shall be determined by multiplying the Yearly Common
Area CosU by a fraction, 0 which the numerator is the Floor Aru of the leased Premises and the
denoqllnator Is the total ~quare feet ground floor area which Is leasable fOI' space (on the first day
of the month in question inside alf the buildings in the Shopping Center, Tenant's Common Area
Rent for the first calen ar yur or balance Qf3the first calendar Year if the lease Term dotl not
start on January ht shall not be lell than $1 :2,50 per month. For any portion of a calendar
month It the beginning of the lease Termh Tenant's Common Area Rent shall be prorated for that month.
(E) "Yurly Common Aru Costs" s all mean all cosU and expenses incurred by landlord each
calendar year or other 12 month period selected by landlord at ih option and in its discretion as
be ng in the best interelh of the Shopping Center, for repair, replacement, maintenance, protection
and operation of the Common Area, includIng (by way of examples and not in llmltatlonl cosh or
,xPenses relating to: sweeping, r.learlng and removal of snow, ie, and refuse; gardening and
landscaping; premiums for all insurance provid~d by landlord covering all the buildings and
improvemenU of the Shopping Center; insu,'ance for bodily injury and property damage liability,
malicious mlschlefh casually, sign insurance, rental value and al other types of insurance at the
hir premiums, wit out deductlbles, allocable to the COlMlon Area as if the Shopping Center was the
only property owned by landlord, lPlus direct settlement payments by landlord for personal injury or
~roperty cla1ms within any deduct ble limits), Slid premiums determined according to rates published
y the rating organization having jurisdiction instead of the premiums actually paid by landlord;
landlord shall hav, absolute discretion as to the typtl of coverage and th, limit of each policy);
repairs replacemenh, line painting, filling potholes, controlling, reducing, truting or
el1minating puddling or flooding, resurfacing and maintenance of all parking arus, sidewalks and
the like; lighting of arus (rncluding electric cost snd maintenance, repair or replacement of
fixtures, portl and replacement of bulbs); all materials and supplies; storm water and sewage
drainage and sanitary control' operating, repairing and replacing sewage treatment plant, lIft
station and attendant facilities; repairs, replacements and maintenance of the entire sprlnk er
system serving landscaped areas or servicing any building, including in leased areas; depreciation
of proferty owned or rental paid for maintenance machinery and equipment and payments for personal
proper y taxes payable thereon; personal property taxes (or other taxes, howsoever denominated)
payable by landlord for any Shopping Center fylon signs, equipment or other facilities upon the
Common Ar,a; real estate taxes assessed agains lands other than Shofplng Center lands (but only if
such non-Shopping Center lands const Itute "Common Area"); compensa on to personl1e 1 to implement
services, direct parking or to pollee the Common Area; prus, annuallYA as additional rent an amount
added thereto equal to fifteen percent of all of the Yearly Common rea Costs as a fhed fee for
Landlord's administrative and overhead expenses. lMdlord may cause any services such as sweefing,
snow removalt repairs, etc. to be provided by independent contractors, and the fees paid sha 1 be
part of Year y Common Area Costs.
(r) Within a reasonable time aher the end of each accounting period used by landlord,
landlord shall furnish an annual statement in reasonable detail of the actual Yearly Common Area
Costs. If the said statement shows that the aggregate of Tenant's monthly charges previously paid
by Tenant during such year (based on landlord's advance estimate) was less than Tenant's Common Area
Rent payable, Tenant shall pay the balance due to landlord within ten days after receipt of said
statement; and if the statement shows that the aggregate previously paid by Tenant exceeded the
Common Area Rent payable, landlord with said statement, shall at its option, either refund the
excess to Tenant or credit Tenant for the amount against the next accruing Common Area Rent. Each
annual statement of Yearly Common Area Costs by landlord shall bear a certificate of landlord's
chief accounting officer, and said statement shall$b~'ondlJslve on Tenant. In any event, Tenant's
monthly Common Area Rent shall never be less than I.U.:>U per month,
7
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iY
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9, Use of Premises
9, (A) Tenant agrees that the Leased Premises will be used and occupied only for the fOllowing
retail purpose and no other:
The operation of a uni.sex beauty salon together with
the conduct of beautician classes and the sale of beauty salon related
products, As an incidential adjunct to its main use of conducting 6 beauty
salon, Tenant shall be permitted to sell clothing, accessories and jewelry
of the type normally found in boutiques in an area not to exce~d 100 square
feet.
63 No sale or dispensing of lottery or other gaming tick..ts shall be permitted without landlord's prior
64 consen~,
65 B) Tenant agrees that beginning with the date of this lease and until expiration of the
66 lease erm, neither Tenant nor any stoc,holder owning more than ten percent of Tenant if Tenant Is a
67 corporation, nor any person, corporation, partnership, trust, oth..r firm or entity which controls or
68 15 controlled by Tenant or IS under common control with Tenant, nor any subsidiary of Tenant nor any
69 business organIZation affiliated with Tenant (including but not limIted to any so-called "parent
70 company" of Tenant) nor any quarantor of this lease will, directly or indirectly sell from any
71 other fremises wlt~fn a radius of three miles of the leased Premises any merchandise or services
72) which .m.)n! ;s permltt.~d to ~,.11 in the LE'<1~jed Pn:rnisf's. Tn ilddition to, and not in exclusion of
7 any remlJdy ,j~,t\li'h\~ tn landl')nl for breildl of the c'Jven.wt 111 the precediny senterl,e and elt
7745 Landlord's oetlon, r..nant's annual Ba" Rent shall be increa>ed by 25\ and one-half of ah of the
"Gross Sales' (as defined in this lease) realized in or from such othe'r premhes shall be added to
7767 the Gron Sales of the leaseo Premises for the purpose of computing the PerClntage Rent under this
78 least, with th, sam, ,'feet as though such other Gross Sales had actually been realhed from the
leased Premises.
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I Initial He~
I Landlordl I
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~8
Business Operltlons
(Cl Tenant agrns that: the Leased premlles will be kept open and operated contlnuoully for
bUlinell durln![ all of the regular bUllnesl hQurl of the Shopping Ctnter each day but In any case
from 10 am to fi pm each day for at lea,t six daYl a week and thaf Tenant will operate It I bUllness
there 1 with dllfgenct and In a manner calculated to produce ma.lmum Gron Saltl, fully ltaffed and
stock. ; no auction fir., bankruptcy, going out of busln," or slmlhr ult will be conducted or
advert nd; no merchandise will b. k.pt, dlsplay.d or lold or bUllnell lollclted In the Shopping
Cent.r Qutslde of the Luud Premlul (wh.ther by vending machines or othe....he); no nulunce wi II
be permttted' nothing lhall be don. which is unlawful, Improp.r, nollY or offtnllve, or contrary to
Iny law, ordinance, r.gulatlon or requirement of any public authority or In,urance Inlpectlon or
rating bur. au or llmllar organization, or which may b. Injurlou, to or adv.rl.ly affect the quality
of the Lused Premis'l or the Shopping Center' no part of the Lund Premllel (especially the
electric end plumbing lylteml, the floor and walls) will be overload.d, damaged or defac.dl' no hol'l
will be drilled In the It,ne or brickwork or in concrete; no emhslon of any objectlonab e odor or
loundl will be permltt.d. hnant will procllre all Ifcenl.l and permltl required for the un or
oCCupancy of Lused pr.mistl and the buslnell being conducted therein; the storefront, lhow windows
and llgnl will be repaired, kept clean, In good condition and IIght.d; all merchanoln and oth.r
property will be dellYered to or removed from the LUl.d Premhes only by the rur entranct; all
garbage waIte and refule will b. ltored Inllde the Leal.d Premls'l In n.at contaln.rl and
regularly removed at Tenant'l "penle and at Landlord'l oft Ion only by the contractor dellgnattd by
Landlord provided his price h competitive,' Tenant wll cooperate with Landlord and wrth other
tenantl of the shofping Center in promot onl and adv.rtlllng, and will become and remain a
dues-paying m.mb.r 0 anl Merchants' Anoelatlon (or similar organization) of which fltty percent or
mort of the tenanll of h. Shopping C.nt.r art members; or alt.rnatlvely will become a participant
of and shall pay itl prorata share (baled on Tenant's r.latlve store siz.) of any expenltS Incurred
by a Marketing or Promotion Fund program now or herufter eltablllh.d by Landlord. If at any ti"e
the Luud Premlul are cloud (other than a temporary closing for repairs alterations or
renovations) for a period longer than 90 conncutlve days, Landlord may, at its option and in
addition to all other remedies availablt to Landlord her.under, by law or In equity, declare Tenant
in default of thh lease cancel and terminate thll IUle, and avail itulf of III rlghll and
remedltl ut forth In Article 15 hereof or al othe....he made available to Landlord by law, hnant
further agreel thlt It lhall throu![hout the Leale Term comply with and oblerve the provllionl of the
Federa 1 Comprehenl lYe Env i ronmental Relponn, Compenlat Ion and Ltablll ty Act of 1980 (as the Ume
may be amended from time to time) and of all environmental statutes, regulations or ordlnanctl now
or hereinafter enacted by the Federal Government and/or the State or Municipality wherein the Lealed
Premllel are situated; and thlt Tenant lhall not ptrmlt or Ule the Lealed Prtmlsel for tht emllllon,
dispolal, dumpln~ or storage of hazardoul wastes through or into the leptic tankl, lewerl, or oth.r
walt. dlspolal facllltl'l of the Shopping C.nt.r or anywhere In the Shopping C.nter or p.rmlt lame
to b. brought into the Leased Pr.misel at any time, and the provhlons of thll sentence lhall
survIY. the expiration of the Lease Term for ten years, Tenant agren that the Leased premlln wi 11
be kept free of rodents, vermIn, Insects and other ~ests, and Tenant will provide regular
.xtermlnator servlcn at Its own expense, and at Landlord's option only by the exterminator
dnignated by Landlord provided his prlc. is comp.tltlve. Tenant agr.n that nothing will be done
or k.pt, or luttered to be done or hpt or omitt.d which may either pr.vent the obtaining of any
inlurance on the Leased Premises or on any building or other parts of the Shopping Ctnter or on any
personal prop.rty therein (Including, without Ttmltatlon, ftre, extended coveragt and public
liability In5uranc~), or which may ma~e void or voidable any such Inlurance, or which may create any
extra premiuml for, or incr.ase the rate of, any Inlurance carried by Landlord or other tenants, anij
if anything lhall be so done, k.pt or llmitt.d to be done which creates any extra premiuml for, or
increastl the rate of, any such Inlurance (inc Iud I ng but not llmi ted to Tenant's fa I lure to ins ta 11
sprinklers or ftre extinguishers or failure to comply with any law, regulation, building code or
ftre cod. relating to sprinklers or fir. extinguishers or failure to comply with any law,
r'gulation, building code or tlr. code relating to lprinkl.rs for or othe....he relating to the
Lused Premlles, as more particularly stated III Article 7), thll lhall b. a default by Tenant
allowing the Landlord all available r.medlel, but in any cas. T.nant agrees to correct the situation
and agretl to pay as additional rent to Landlord the Increas..d premluml and COlts and expenltl to
obtain other Insurance or to retaIn the exiltlng inlurance.
Tenant further agrees: to stock or store In the Leased Premises only merchandise Tenant
intendl to otter for sale at retai l' to use for office or other non-selling purposes only luch
I ncldenta 1 lpace realonab 1 y requl red tor Tenant's retail bus I nell conducted at the Lelsed Premlles;
to place bUllness machines and mechanical equipment, which cause vibration or noise to be
tranlmltted to the building structure or to other lpace to a degree objectionable to other tenants,
in settlngl of vibration or nolle .liminators sufficient to eliminate such vibration or noise'
Tenant will not lollcit businesl or distribute advertising matter In the Common Areas; and Ttnant
will not conduct nor pErmit preparation of food or any cooking, baking or frying In the Leased
Premises. Tenant will comply with all requirements of Insurance companies, Including maintaIning
and servicing fire extinguishers, Tenant shall at all times keep the Leased Premises and the
sldewalkl and curbs and rampl (If any) adjacent and exterior to the Leased Premilel, and aiso all
del Ivery areas used exclusively by Tenant and loading docks used exclulively by Tenant, in a nut,
clean and orderly condition and free from lnow, ice, rubbllh dirt or other aebris, and free from
obstructlonl or any potentially dangerous condition. Tenant shall, at Its expense, keep all loadIng
do~kl rampl and loading areas ultd exclusively by it In good, safe and orderly repair and
condition. Upon Tenant's failure to keer the sldewalkl, curbl, rampl, and loading areal In the
condition required, Landlord In addItion 0 any other rights, may (but shall not be obligated to)
perform lame as Tenant's agent and the cost thereof shall be paid by Tenant al additional rent.
Tenant will not make or suffer any wast. of the Leased Premises or permit anything to be done In or
upon the Leal.d Premlsel creating a nul lance, Landlord lhall not be liable for the act of any other
tenant or perlon who may caUle aamage to or who may Interfere with Tenant's Ule or occupancy of the
Leased Premllel or Tenant's bUllnell.
10, Utilities, Repairs. Signs, Alterations, Liens
10. (AI Tenant agren to provide and pay for Its own heat, ah' condit lonlng, water, gas,
electriCity, sewer, sprinklers and other utllltlel, Including any application depOSits, and the COlt
of and Inltallatlon chargts for all utility meters. It the authority having JurisdIction chargtl
for the ".. of the sanitary Itw... system, Tenant ,hall p,'y the lhare thereof properly apportlonable
to lLI! ll',l"('l\ PretnIH". r,",I~nn;lbly ll,'ll!nnlrll.>d by L.ltllllord. T(>rhlnl ,1(jrecs it .HIIT at <11 times keep
..ufflC\(,lll,he.n ilt ~ leHl to p'c'~('nl the pj~1;!5 fn;(Jl 'reel;n~. If Tena.nt rer:elves utilities through
a m.ter whIch su~plles utilities to other tenantl, Tenant WIll pay to Landlord as additional rent
Tenant'l proportIonate share (based on "lathe lquare feet size of premistll of the total mtUr
~hargel. If Tenant rec.hn water from Landlord's well or other lourc,s made available by Landlord
\ Inltud of from an indtpendent water company not related to Landlord) all cOStl and expenltl for
lupply, maintenance, repair or replacement and installation of pumps, tankl! electric cost,
machinery, plpel, apparatul and faclllti.s lhall be Included in Yearly Common Are. ~oStl,
.6.
Initl.l
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landlord's Repairs
(9) On written nollce from Tenant ~h\ch Tenant agrees to give (but not, except in emergency,
on less than 30 days notice) Landlord 10111 (weather permitting and subject to the provisions of
Article 25 belo.) make (or commence InV~51igatlons and plans to make) ell necesury repaIrs bto tihe
foundation, the roof the exterior of the perimeter demising walls and th~ wtlght- ear ng
structural col'Jmns and beams In the Lealed PremIses, except that If repaIrs or replacements to the.
same become necessary by reason of \Il repaIrs in51allatlo~s, alterations, additIons or
improvements made by Tenanl or anyone cIa mlng under 'renant, or (II the fault or misuse or manner
of use of Tenant or anyone claiming under Tenant, or (III) oefault n the performance or observance
on the part of Tenant of any provisions In this lease to be performed or observed then Tenant shall
make such repairs or repla.:ements, In determining the object of Landlord's repaIr obi Igations, the
expression "rool" does not Include any rooftop heallng or air condltlonli'g unIts or other structures
or apparatus on the rool servIng the lealed Premises, and "exterior of walh" does not include the
store front, any glass, windows wIndow ushes or Irames, or any doors, door frames or door
h~rdwareh any trIm or closure devices or any part of the Interior sIde 01 bulldin9 perimeter walls,
all of 101 Ich shall be Tenant's duty to repair and maIntaIn. In any event Landlord 5 obligation or
liability shall bt only to make the repairs for whIch it Is hereby oblIgated, an1 Landlord shal1 not
be ltable for damage to or loss of personal property, fixtures, ctlling tileSh carpeting'r stock,
Inventory furnlshlngs, any Interior elements of the lealed Premlses 101 Ich are enant's
responsibility to maintain or repair, or for loss of business, loss of sales, loss of profits or for
any consequential damages.
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Tenant's Repairs
(C) Excepting only the repaIrs landlord Is obligated to make in the preceding subparagraph
"19)", Tenant agrees to maintain the Leas.d Premises end make all repairs and alterHions of every
k nd inside or with respect to the leased Premises In order to keep the same in good condit ion
(including the 5Iore front, signs, the ceilings, the InterIor walls, and the Interior SIde of
periTeter walls, the floor and the floor coverings, the plumbing, electric, heating and air
cond tlonlng, sewerage and srrinkler systems, and all switches and appliances and lighting
flxturesl' and to do all requ red by any laws, ordinances, regulations or requiremenll of public
authorit es, subject to Article 13 and 14 hereof. In addaion, Tenant agrtes to make all repairs
replacements and alterations necessary to maintain in good condition and operation all electrical
panel boxes, conduits, fixtures, meters and equlpmert relating to utilities (including heating, aIr
conditIoning, water, gas, electricity and sewerage) to the extent they serve the Leased Premises
exclusively, whether Tocated InsIde or outside the Leased Premises; and Tenant further agrees that
If any aIr conditioning or heating equipment (or other util ity equIpment of similar or dissimilar
nature) even If located on the roof Is damaged or destroyed by flre, lightning or other casualty,
Tenant shall repair (and if necessary, replace) such equipment at Tenant's soTe cost and expense,
Landlord having no liability with respect thereto whatsoever. Tenant agrees to replace damageij
glass or damaged equipment with substitutes of the same kind and quality, Tenant agrees to palnt
and otherwise redecorate periodically to keep the Leased Premisel attractive in appearance,
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Signs; Painting; Displays
CO) No sign, other advertising or any other thing may be placed by Tenant or anyone claiming
under hnant on the exterier of the Leased Premises or on InterIor part of either windaws or doors
without Landlord's prior written ayproval. Flashing, painted, neon or movIng sIgns will not be
permitted in any case. Tenant wi 1 not paint, decol'ate or mark any part of the exterior without
Landlord's prior written consent. Te~ant agrees to install an exterior lighted sign or signs in
compliance with Landlord's specifications ana to keep its exterior lIghted sign or signs (whiCh must
first be approved by Landlord In writing/lit to at least 10:00 p,m. during dusk or night or to such
later hour as requested by Landlord on a 1 days of the year.
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Alterations
(E) Tenant agrees that no alterations, installations, additions or Improvements will be made
to or on the Leased Premises without Land lord' 5 pri or wrl Iten approva 1; and In any case all
inltallations, alterations, additions and imfrovements, whether by Landlord or Tenant or any other
person (except only signs and movable trade ixtures installed prior to or during the Lease Term at
Tenant's cost) shall become, when made, a part of Landlord's real estate, and on termination of the
Leale Term shal1 be surrendered with the Leased Premises without disturbance, molestation or Injury;
provided, however, that although Tenant may remove Its signs and movable trade fixtures during the
Lease Term or at the terminatfon thereof, if Tenant shall be In default under this lease, such of
Tenant's signs and movable trade fixtures as landlord shall designate shall not be removed and
shall become the property of landlord until the default is fully cured and renant has paid all
damages, if any, owed to Landlord arising from the default. Unless otherwise directed by Landlord,
Ter-ant shall not have the right to remove sign boxes.
Pennlts; Uens
(F) Tenant agrees that all repairs, installations, alterations, improvements arid removals
will be done in a good and workmanlike manner, only after Tenant has procured all permits, and they
shall comply with all laws, ordinances and regulations 01 public authorities and wIth all Landlord's
and Tenant's insurance polICY requirements and with Insurance inspectIon or rating bureaus; and they
shall be done in such manner that the structure of the LeJsed Premises wilT not be adversely
affected, endangered or impaired; and Tenant will repair all damage caused, including (without
limitation) the filling of holel, (Including but not lImited to sign box holes), and will restore
said affected part to good condition. Tenant agrees to pay promptly when due all charges for labor
and materials in connection with any work done ~y or far Tenant or anyone claiming under Tenant, so
that the Lealed Premises and the Shopping Center will be at all times fre.. of liens, Tenant agrees
to defend, indemnify and save larldlord harmless from and agaInst all claims for injury, loss or
damage to person or property caused by or resulting from the doing of any such work, and to remove,
by payment, bondin9 or otherwise, from the public record within ten days alter notice all liens
placed' on the pubTtc record or in any way against Landlord's interest in the Shopping Center
resulting from any act of Tenant or from labor or materials being alleged to have been supplied at
the reques t of or anyone claiming under Tenant, laill ng wh I ch, Land lord may remove such lien at
Tenl\nt's expp.nse, .lnd cQl'ect thl! ~,11111~ from Tenant ,1'; addltional rent.
II, Indemlty
11. (A) Tenant agrees to protect, defend, save harmless and Indemnify Landlord and any fee owner
of the Shoppln9 Center fro.. and against all losses, claims, 11abili~ies, injurie5, expenses
(including legal fees), lawsuits and damages of whatever nature either (i) caused by or rnultlng
from, or claimed to have been caused by or to have resulted from any act, omissIon or negligence of
Tenant or anyone C la Imi ng under Tenant or its subtenants, coneess lonai res, emp loyees, contractors
and invittes no matter where occurring, or (Ii) occurring In the Leased Premises or ariSIng through
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the use or occupancy of the Leased PremIses no matter how caused. If In conjunctIon wIth Its use of
the Leased Premhes. Tenant makes shopping carts available for use by Tenant's customers the
Indemnity provisIons of the preceding sfnhnce 1hall apply to any losus. claIms, liabilities,
InjurIes, upenus \Includlng legal rees) , lawsu ts and damages of whatever nature and wherever
occurring, relatIng 0 the use or misuse of such shoppIng carts; and Tenant covenants and agrees, at
its eXfense, to collect and remove all shopping carts from the Common Area, as often as necessary.
50 tha the Common Area shall remain fr... ot same; and all shoppIng carts shall be stored inside the
leased Premises, landlord shall not be 1 ia~le or held accountable under any circumstances for any
Injury loss or damage to or interference with any merchandIse, equipment. fixtures, furniture
furnh~lngs or other personal property or the busineB oreratlo"s of Tenant or anyone In the Leased
Premls.s that may be occasioned by (Il the oct or omlss on of persons occufylng adjoining premhes
or (ii) any defect. latent or otherwise, in any building or the equlpmen , machinery. utIlities,
appliances or apparatus thereIn, or (i I ) any bursting, br-.akage or leakage of the roof, wal Is,
floor, pipes or equlpmentt or (Ivl any ru~nlng, bac.lng up, seepage or overflow of water or
sewerage. or (v) caused by lood, rain, snowfall or other erements or Acts of God.
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Tenant's Insurance
(B) Tenant agrees to maintaIn with fInancIally responsible insurance companies satisfactory
to Landlord an~ licensed to do business in the state where the Leased Premises are located: (i) a
general liabill~y insurance policy with respect to the leased Premises and Its appurtenances
(including Signs) naming Landlord as an additinnal insured with a limit of not less than S1l1!llli9n
combined single lImit; '(il) an umbrella liability insurance policy with a limIt not leB than )5
mIllion. naming Landlo~d as an additional Insured; (ili) a boiler and machinery insurance poll~y
written on a comprehensive basis to cover any insurable objects, with a limit of not ess than n
mIllion' (tv) an all-risk property insurance follcy Insuring all of the Tenant's merchandise,
leasehold improvements, furniture and fixtures a 1 at their re~lacement cost, Tenant shall delIver
saId Insurance policies or certificates th~reof issued by the insurance company to Landlord with
premiums preraid at least 30 days prior to the commencement date of the Lease Term and of each
expiring pol cy thereafter. If Tenant does not del iver the policies or certificates as aforesaid,
the same shall wIthout necessltf of further notice. constitute a default hereunder. and in addition
to such other rights and remed es as are avaIlable to Landlord as a consequence thereof. Landlord
shall have the r1ght (but not the obligation to purchase said Insurance on behalf of "nant and
charge the premium to Tenant, Qr in heu thereof charge Tenant JO cents per s9'Jare foot of the
leaud Premises and Tenant shall remit to Landlord within fIve (5) days of receiving the bill the
amount owed for thetremium or for the 30 cents per square foot. as additional rent. All ~olicles
of insurance requIre of Tenant shall have terms of not less than one ye,r.
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12. Access to pro.ises
12. Landlord, wIthout diminishing Tenant's obligations, shall have the rIght to enter the leased
Premises at all reasonabl.. times and in case of emergency, at any time, for lnsfection, to show to
prospective purchasers, mortgagees or tenants or to make any repairs altera ions, additions or
Improvements, including to install ur remove pIres. wires and other conJuits serving other parts of
the Shopping Center. Commencing 6 months pr or to expiration of the Lease Term, Landlord may
maintain "For Rent" sIgns on the front or any other part of the exterior of the leased Premises.
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13. Fir' and Other Casualty
13. (A) Tenant shall give prompt notice to Landlord in case of fire or other damage to the Leased
Premis~s .
(B) If (il the ShoppIng Center' bui ldin~s shall be damaged to the extent of more than 25% of
the cost of rep acement thereof or (i1) landlord's insurance recovered and retained by Landlord
shall be insufficient to pay fully for the cost of replacement of the damaged building, or (iii) the
leased Premises or Shopping Center buildings shall be damaged from a risk which is not covered by
Landlord's insurance, or (Iv) the Leas..d Premises shall be aamaged to the extent of more than 50% of
the replacement cost, or (v) the Leased Premises are damaged and shall not have been operating for
busIness as required by Article g(C) above at the time of the fire or other casualty, or (vi) the
Leased Premises are damaged and less than t year of the LeaSe Term remains unexpIred at the time of
the fire or other casualty; then in any of such events, Landlord may terminate this luse by notice
given within qO days after such event, and on the date specifhd 1n such notice this lease shall
terminate. Notwit~Handing that the casualty, repairingl or rebuIlding renders the leased Premises
wholly or partly untenantallle there shall not be any aDatement or suspension of the Base Rent or
any Rent, (unless Tenant or Landlord have procured a rent Insuran.e policy and Landlord receIves
the rroceeds payable thereunder; and then only to the extent of such Jroceeds actually received by
Land ord) but unless this lease is terminated by Landlord as afDresai , this lease shall remaIn In
full effect notwithstanding the damage or any law to the contrary.
(C) If this lease 15 not terminated, Tenant shall, immediately upon receipt of notice from
Landlord to do so, remove such fixtures and other property and debris from the Leased Premises as
shall be required by Landlord In ol'der to enable l.andlord to proceed with repair and restoration
work, Landlord snall froceed with repair and restoration of Landlord's property; and upon
comp letion thereof Tenan shall proceed with repa i r and res torat ion of Tenant' 5 p'roperty. All
repairs and restoration of the Leased Premises not Landlord's obligation shall be performed promptly
by Hnant. and Tenant wi 11 promptly reopen for business. In any case when Landlord has the
obligation to rebuild. such obligat,on shall be only to expend the amount of insurance proceeds
recovered. and in any event only to rebuild the Leased Premises to the extent of its condition
existing at the time when the leased Premises were originally delivered to Tenant, If Tenant carries
insurance coverIng the damage or any portion of the damage, Tenant shall use the proceeds for
restoration of the Leased Premises.
(0) The "cost of replacement" as used In "(B)" above shall be determIned by a reputable
contractor selected by Landlord.
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14, [.Inent Domain
14 fA) If the whole of the Leased Premises shall be taken under the power of emInent domain, the
Leose'Term shall expire when landlord shall bp divested of Its title, and Base Rent shall be
apPQrtlorll:'11 .\'" of thE' r1.Jte of (>llpir<ltion.
(8) If only pJr't of the Lease(,\ Premises is tak.en under the puwer of eminent domain and the
ground floor area of the Leased Premises is reduced by more than 20\ and the part remainIng shall
not be rp,asonably adequate for the operation of the business conducted in the Leased Premhes prior
to the tak i ng. Landlord or Tenant may terml nate th I s lease by giving the other not ice with in 30 days
after it has received notice of SUCh taking. effective as of the oate possessIon of the taken part
Shall be required for public use; and Base Rent shall be apportioned as uf that dall. If this luse
is not terminated. landlord shalll within a reasonable time after possuslon is required for public
use, r.pa.r and rebuild what rema ns of the Leased Premlsu; and a just proportion of the Base Rent
according to the nature and utent of the injury to the leued Premis.s shall be abated until what
remains of the leased Premises shall be put Into such condItion by landlord; and thereafter the Bast
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Rent according to the nature and extent of the part so taken, shall be reduced by a just proportion
thereof for t~e balance of the Leale Term.
(e) Tenant shall not have and hereby walves, a/lY claim for any part of the award based on
the va1ue of tho unexpired portion of the Lease Term or loss of Its leasehold utate. Landlord
ruerve5 to Itlelf, ond Tenant alslg/l' to Landl~rd, all right, to domoqe, accruing on account of any
taking under the power 0' .mln.nt domain or by real on of ony act of any punllc or qua,1 public
authority for which damage' art payable. Tenant agree' to execute ,uch instrument of assignment as
may be required by Landlord for the recovery of ,uch damages and agreel to turn over to Landlord any
damage proceed, that may be recovered, provided, however, Tenant may recover for Itself damagu for
movable trade fhturu which were in,talled and paid for by Tenant at Itl own cost, provided
Landlord's award is not reduced thereby.
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15. Dehulll
15, (A) Any O/le of the following ,holl be Oil ev.nt of default by Tenont: (I) if Tenont falls to
pay Rent, Security Oeposlt or other money, or (2) if Tenant fall I to perrorm or observe any
agreement or condItion on Itl part to be performed or oblerved, other than the eventl of default
mentioned In clOUIU C3/ through (11) below, and also other than failure to pay Rent, Security
Depollt or money and fa ls to cure laid default within 15 days after notice from Landlord, or if
Tenant commltl any default under any other leale or agreement between Tenant and Landlord (or an
affiliate of Landlord) or (3) if any person Ihall levy upon, attach or take Tenant's leasehold
interut or any part thereof upon execution, attachment or other procels of law. or (41 if Tenant
maku an assignment of Its property for the benefit of creditors, or (5) if lenant s declared
bankrupt or Inlolvent\ or (6) if any ba/lkruptcy, Inlolvency or reorganization proceeding or
arrangement with cred torI (whether tllrough court or by propoled common law comp~sltlon) Is
commenced by or againlt Tenant or (7) if a receiver or trultee Is appointed for any of Tenant's
property, or (8) If Tenant falls to move Into, take pOllelslon and open the Lea,ed Premllu for
bUllness within tho. period of time It Is obligated 10 to do after Landlord hal given notice to
tenant that the Lealed Premlsel are ready for occupancy, or (g) If thll lease Is transferred to or
devolved 0/1, or the Leased Premlles are occupied by anyone other than Tenant except al may be
spe~lflcal1y permitted by this leale or (10) if Tenant ceales doing business at the Leased Premlles,
or (11) if Tenant falll In the payment of any Rent, charJl.~1 or other suml when due, or In the timely
reportIng of GrOll Sales al required by Artlch 4(Cl{JJ hereof and any such failure shall be
repeated for two consecutive months, or for a total of three months In any period of twelve months
then notwlthltar,dlng that luch defaults shall have been cured, any further similar default shall be
deemed to be deliberate and Incurable,
1/1 cale of the occurrence of any of said .ventl of default mentioned In (1) thr'ough (11)
above, Landlord or itl agent shall have the option to terminate thll lease and Ihall have the rlg"t,
Immed ately and without notice or demand, to enter the Lealed Premllel and dlspollell Tenant, its
legal reprelentatlves and other occupants and their pr~perty by legal proceedings, ule of r~alonable
force (including, without limitation, changlno of door lockl) or othenolise, Tenant hereby waiving
any claim It might have for trelpall or conversion or for any other damages: but Tenant shall remain
llabl. a~ herelnaft.r provided. '
(8) In cale of re-entry or disposlesllon by legal proceedlngl or oth..noIile, or termination of
this leale by Landlord al In paragraph "(A)" above provided, Tenant agrees It will be liable to
Landlord for all the expenses Landlord incurl for: legal feel related to obtaining pOIsullon and
making any new lease with anether tenant; brokerage commission In obtaining another tenant; expenses
incurred In putting the Lealed Premls<:.s In good' order and preparing for re-rental; In addHlon
Tenant agrees It wf11 remain ll~ble to 1.andlord for all Rents and other charges required to be paid
up to the time of such re-entry, dlspollelslon or termination and for Landlord's damages arillng out
of the failure of T~nant to oblerve and perform laid Tenant's covenants h.rein contained: and in
addition, for each month of the period which would othenollle have constituted the balance of the
Lease Term, Tenant shall pay any def I c I ency between the month ly inl ta 11ment of Bale Rent p lUI the
Tax Rent, Common Area Rent and all other rent that would have been payable for the month in
question, lell the net amount, If any, of th~ rentl actually collected by Landlord from a new
tenant. Landlord m"y relet the Lealed Premhel, or any part thereof, for a term which may be leIS
or more than the period which would have constItuted the balance of the Leale Term and may grant
concell ionl er free rent to a new tenant. Land lord's refusa 1 or fa 11 ure to re 1 et the Leased
Premllel or any part thereof to any new tenant for any realon shall not release or affect Tenant's
liability; and Landlord shall not 6e liable In any way for failure to relet the Lealed Premhes, or
if relet, for failure to collect the rent under luch relet<ing. Any monln collected from any
reletting Ihall be apflled first to the foregoing expenlel and <famagel of Landlord and then to the
payment of Rent and 0 her paymentl due from Tenant to Landlord. Tenant will not be entitled to any
surplul, For the purpole of computing Landlord's damages due to lOll of Percentage Rents sublequent
to termination, the Grosl Salel of the Leased Premilel for each Leale Year commencing with the Leas~
Year of such termination shall be deemed to be equal to the amount of Gross Sales during that prior
Leale Year of the Leale Term within the previous three yearl when the amount of the Gross Salel was
the hl~hest.
C) In any of the clrcumltancel mentioned In the foregoing paragraph "(8\" In ~hlch Landlord
shall ave the right to hold Tenant liable upon the leveral rent daYI Land)ord shall have the
election, Instead of holding Tenant 10 liable, forthwith to declare all ihe aggregate Rent for the
remaining balanc. of th~ Leale Term and all accrued Rent Immediately due and payable and to recover
againlt Tenant, al liquidated damagel all accrued Rent and also for 10ls of a bargain and not as a
penalty, an amount equal to the e1.cell of (i) the Rent that Tenant would have been obligated to make
for the balance of the Lease Term If Tenant had not defaulted, over (il) the fair rental value of
the Lealed premiles for the lame period.
(0) In the event of a breach or threatened breach by Tenant of this lease, landlord Ihall
have t~e right of Injunction and the right to Invoke any remedy allowed at law or In equity as If
re-entry, lummary proceedings and other remediel were not herein provided for. Mention of any
particular remedy Ihall not precl'Jde Landlord from any other remedy In law or In equity, If the
Leased Pr~mlsel are located In Pennlylvanla or any other ju"lsdlctlon affording landlordl certain
rights or rem~dlel provided that luch rlghtl or remedlel are Ip~clflcally relerved or exprelled in
the leale agreement, Landlord hereby Ipeciflcally reservel luch rights and remedlel and thh lease
h hertby deemed to have Incorporated and ..prelled In total any and all such relerved rightl and
r.mediel, and Tenant hereby acknowledgel notice of luch incorporation and waives, to the fullest
extent permitted by law, any and alf objections or claims of irrtgularlty arlllng out of such
\ncorp(lr~l10n by reTer~I'(~.
(f) rf"!ll,ult tll.'rl'by ,';ocp't'<"ily w,livl!'j '>j~,'...j(" of fl'Jtil;I' of illl':f1ti\J!l t,) n.'~'..nt~r or lJ\stitutp.
legal proceedlngl to tllat end, and w"ives allY r\glltl of redemption granted by any present or future
lawI, relating to the event of a tenant being dllpollelled for any caUle, or of Landlord obtaining
p,ollesllop, of the ,Lealed PremllU by rea,on of the tenant's breach, The wordl "re-enter" and
re-entry al used In thil leale are not reltrlcted to t~.lr technical legal meaning,
(F) Landlord and Tenant mutually agree that they hereby waive trial by jury in any action,
proceeding or countorclalm brought by either agalnlt the other, or al to any matters ariSing out of
or In any way connected with t~h lease, or t~elr relationship as Landlord and Tenant, or lenant's
use or occupancy, Tenant further agrees for itself and all of its successors or assigns and for any
guarantor of thh lealf that no counterclaim or utoff wi 11 be interposed In any actlon by Landlord
. 9 .
I '~i~1a1 H'~I
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'based on non-payment of rent even if such counterclaim or setoff 11 based on landlord' 5 ~l1eg,d
br.tch of a duty to repair or alleged breach of quiet en.toyment or any oth.r allegation or even tf
It is elleg.d to be Inextricably related to landlord's cla1m for Rent.
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16. Subordination
16. (A) This lease 11 and ~hall be subject and subordinate to (I) all ground or underlying
leases, and (Ill ell mortgages or other security Ins truments wh I ch may ;'ow or Hereafter affect such
ground or underlying leases and (II t) all mortgages or other security instruments now or hereafter
placed on the Shopping Cen!er, and (tv) all renewals, modlftcattons, consolidatlon~, replacements
and exten~lons of any ~uch underlying lt1se~ and mortgaglS. This chu~e shall be s,lf-operatlve and
no further i"~lt'ument of subordlnatfon shall be requlred by any ground or underlying 1.ssee or by
any mortgagee. In confirmatton of such subordination, Tenant agrees to execute promptly any
Instrument that landlord ma:! request. However, at the optton uf landlord or such mortgagn or
ground lessor or secured party, this lease snall be paramount to such mortgage or ground or
und.rlyl~g l,as. or other security instrument.
(B) If landlord transfer~ Its interest In the l.ased Pr.mis.s, or proce.dlngs ar. brought for
foreclosure of any such mortgage or In cas. of $II. In li.u th.r.of, or termination of any such
ground or und~rlylng Ius., Tenant agr.es, if reqUested, to attorn to such transferee, mor!gag"h
ground or und.rlyfng l.ssor and to del Iv.r, without charg., Instrum.nts acknowl.dglng suc
attornm.nt.
(C) T~nant agrns that It will give pro~pt written notice of any d.fault by Landlord to the
holder of all mortgages, ground or underlying leases and security holders if the default is ~uch as
to glv. Tenant a right to (I) termlnat. thls leas., or (ii) reduce the Rents or any other sums
res.rv.d, or (Iii) credit or offset any amounts aqalnst Rents, provided T.nant was glv.n notice in
writing of the names and addr.S11S to which said notices should be s.nt. Any mortJlagtt, ground
lessor or securit>: hold.r shall have the right to cure Landlord's default within 60 days after
receipt of Tenant 5 notlc,; and no such rights or r.medl.s shall b. exerc sed by Tenant ~ntl1 the
.xplratlon of said 60 days (or such additional time r.asonably r.qulr.d to cur. such d.fault),
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11. Walv.r of Subrogation
17. Tenant her.by releaslS Landlord and all other p.r~ons claiming under It, to the extent of Its
Insurance coverag., from any and all llab 11 Ity for any lo~ses or damages caused by fl re or any of
the extended coverage casualties, or any oth,r Insured casualty, even if such fire or oth.r casualty
shall be brought about by the fault or negligence of Landlor<f or of any persons chiming under it,
Tenant will caus. its Insurance company to endorse Its In~uranc. policy with a waiver of subrogation.
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lB. Asslgn_.nt or Subl.ttlng
18. Tenant agrelS that It will not assign, mortgage, pledge, or otherwise tran~fer or encumb.r
this lease or any Interest therein, either voluntarIly or by operation of law or otherwise, or
sublet the whole or any part of the Leased Premises, or permit occupancy by anyone else, without
obtaining on each occasion Landlord's prior written consent which consent Landlord shall have the
right to refu~e to give in Landlord's absolute discr.tlon, even arbitrarily, Tenant agrees to pay
Landlord's ad~\nistrative and attorney's fees for review or preparation of any documents relating to
any assignment or subletting, In the event of any assignment voluntarily or by operation of law or
su~lttting or occupancy of the Leased Premises by anyone else, even If wrongfully don. without
Landlord's consent, Tenant ~hall not 6e released from any obl1gatlons, liabilities or covenants
under this lease and ~hall continue to remain responsible thereof, and Landlord shall have the
right to collect all the rent payable by the assignee, ~ubtenant or other occupant without releasing
Tenant or waiving any right against Tenant for its default under this Articl. 18 and without
accepting the occupant as a permitted tenant. Any transfer of the corporate stock of the Tenant or
merger, consolidatlon or liquidation voluntarily or by operation of law shall be deemed the ~ame as
an assIgnment for the purpo~es of this Article and sholl requlr. Landlord's written consent. Under
any circumstances, Landlord ~ha 11 not be li ob le for any money damages to Tenant or Tenant's proposed
a~signee, tran~ferte or ~ubtenant for refusal to consent to any assignment or transfer of this lease
or transfer of Tenant'~ corporate stock or sale of Tenant's business or for r.fusal to consent to
any subletting, In any case when the a~pllcable law or a court order validly granted permits an
assignment of this lease or transfer of Tenant's stock or a merger or consolidation or mortgaging
desplte the prohibitions contained In this Article IB, Tenant agrees that Landlord shall have the
right to refu~e its consent to any proposed assljJnment and no such assignment shall be valid unless
(I) Tenant (as the proposed assignor) pays Landrord, prior to .fftttuattng the proposed assIgnment,
any Percentage Rent due for the elaR~ed portion of the Lease Vear in which the proposed asslgnment
ts to occur Hor this purpose, the 'Gross Sales Base" shall be reduced in the sam. proportion that
the number of days in such elap~ed portion of the said Lea~e Vear bears to 365); (Il) the proposed
a~~lgne. covenants and agree~ (in the propo~ed In~trument of assignment) that the computation of any
Percentage Rent payable to Landlord for the unelapsed portion of said Lease Vear shall be made on
the basis of redUCIng the "Gross Sales Bas." In the same proportion that the number of days in such
unelapsed portion of the said Lease V.ar bears to 365, and (Iii) the pro~os~d Instrulnent of
a~slgnment contains a provision pursuant to which the proposed assignor waive~ all rights to
re-enter, re-possess or otherwise gain any right to occupy the Leased Premises or re-acquire the
lease. Tenant further agree~ that Landlord shall have the right to refuse its consent to any
proposed assignment, mortgage, pledge or other transfer or encumbrance of this lease or any interest
therein, or to any proposed ~ubletting, in any case wherein Tenant has not faithfully obSfrved and
performed all of Tenant's obligations under this lea~e or in any case wherein at the time
Landlord's consent is sought, Tenant is .lther In default of this lease, or Tenant Is not actually
in possession of the Lea~ed Premises and uperatlng for business therein.
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19. Holding Over
19. If Tenant or anyone claiming under Tenan! remains In possession of the Leased Premises after
the e~plration of the Lease Term without any agreement In writing with Landlord with respect
thereto, the person remaining In posselllon shall be a tenant at sufferance; and during such holding
over, Balt Rent shall be twice the rate which was in effect immedlatell prior to the Lease Term
expiration, which Landlord may collect without admission that Tenant's es ate Is more than a tenancy
at .ufhran,. and .11 the 6th.r provision. of Ihl5 1..1. shall apply insofar a~ the same are
appl icnble to n ten.lncy "t ,Urrer,ll\(I?'.
20. No Waivers by Landlord
20. Landlord's failure to complain of any act or omission by Tenant no matter how long shall
not be deemed to be a waiver by Landlord of any of Its rights. No waiver by Landlord at any time
express or Implied, of any breach of thts lean or requirement of obtaining landlord's connnt sha"l
be dumed a waiver of a breach of any other provision of this lease or any subltqJent breach of the
ume provision or a waiver of any necessity for further constnt. If any ectlon by T.nant shall
require landlord's consent or approval, lan<flord's consent to or approval of such aclton on Iny one
. 10 .
Initial Hlre(l II
landlord! '=3\
Tenant!
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occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a
conltnt to or approval of any other action on the same or any subsequent occasion, No payment bbY
hnant or acceptance by Landlord of a lesser amount than due from hnant shall be deemed to e
anything but payment on account, and Landlord's acceptance of a lesser amount by ch"k with an
enijorsement or statement thtreon or In a letter accompanying said check that said lesser amount isk
payment In full shall not be dumed an accord and satisfaction. Landlord may accept such chec
without prejudice to recovtr the balance due or pursue any othtr remedy. It Is expres~ly a!jrud
that Landlord may accept payments of Rent (and/or partial payments thereof) even after delaurt by
hnant. without prejudice fo the sub5tquent or concurrent exercise by Landlord of any right 0"
remedy available to landlord under this lease or by la", or in equity, Any acceptance by landlord of
any payment made by Tenant after' ter"inatlo" or "pi rat Ion of the Lease Term shall not. const I tute an
acceptance of rent but rathtr shall constitute a payment to Landlord on account of Tenant's Ult and
occupancy of the Leaud premisel' All rights and remedies which Landlord may have under this lease
or by law or In equity shal be distInct, separate and cumulative and shall not be deemed
Inconsistent with uch other; and no one of them, whether exercised by Landlord or not, shall be
deemed to be in exclusion of any other: and any or all of such rights and remedies may be exercised
at the same time.
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21. Rules and Regulat ions
21. hnant agrees to observe and comp ly loll th, and wi 11 cause its subtenants and concess iona I res,
and its and th~lr employees and agents, to observe and comply "'Ithh all rules and regulations from
time to time promulgated by Landlord by notice to TenMt for t e benefit, in Landlord's sole
judgement. of the S~opping Center; and such rules or regulations shall have the same force and
effect as if originally contained in this lease.
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22, Failure of Perfonoance by Tenant
22. If Tenant shall default under this lease, Landlord may, at its election, immediately or at
any time thereafter, without waiving My claim for breach of agreement, and without notice to
hnant. cure such default or defaults for the account of Tenant, and the cost to Landlord thereof
plus inttrest th~reon at the annual rate of interest equal to the highest lawful rate, shall be
deemed to be additional rent and shall be added to the installment 0: rent next accruing or to any
subuquent installment of 8ue Renl. Tenant agrees to pay all attorneys' fees. costs and expenses
incurred by Landlord in enforcing the rrovlsionl of this lease, suing to collect Rent or to recover
posseSSion of the Lused Premises, whe her the lawsuit or other action was commenced by Landlord or
by Ten an I.
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23, Ullitat ions on landlor'd' s Uabili ty
23, (A) The words. "Landlord" and "Tenant" shall include the original persons named expressly as
Landlord and Tenant, and their respective transferees. legal representatives. successors and
assigns. and all their liabilities hereunder shall bo Joint and several; and except as otherwise
provlded in the next sentence, the agreements and conditlons contained in this lease on the part of
either party to be performed and observed shall be binding upon and inure to the benefit of the
~arties hereto and their respective transferees, legal representatives. successors and assigns.
'Landlord". as used herein, means only the owner for the time being of Landlord's interest in this
lease, and in the event of a transfer by any Landlof'd of its interest in thls lease, the transferor
shall be automatically released from a1l liability and obligations of the Landlord subsequent to the
time of transfer.
(8) Notwithstanding anything to the contrary. Tenant agrees it will look solely to Landlord's
estate in the ShoRPing Center, su5ject to the rights of the holder of any mortgage thereon, as the
so 1 e asset for colI ect i on of any cIa im. judgement or damages or enforcement of any other jud i cia 1
process requiring payment of money. Tenant agrees that no other assets of Landlord shall be subject
to levy, execution or other procedures for satisfaction of Tenant's rights or remedies,
24. "iscellaneous Provisions
24. (A) This lease contains the entire and only agreement between the parties. No oral
statements or representations or written matter not contaIned in this lease shall have any force or
eflecl. This lease shall not be modified or terminated orally, but only by a writing signed by the
Landlord and Tenant. except for a termination expressly permItted by this lease. If more than one
party executes this lease as "Tenant", the liability of all such signatories shall be .loint and
several. Neither this lease nor any memorandum, assignment or memorandum of assignment thereof
shall be recorded in any public record's without Landlord's prior written consent.
(8) The opening of the Leased Premise, by Tenant for its business shall constitute a
conclusive admission by Tenant that the Leased Premises are in the condition required by this lease
,and that Landlord has performed all Landlord's construction work with respect thereto.
(e) Landlord reserves to itself the excluslv.. right at any time to use the roof, foundation
or exterior walls (other than Tenant's store front) lor placing of signs or for the purpose of
additional construction.
(0) Wherever in this lease prov!.lon is made for the doing of any act by any person. it is
agreed that said a,t shall be done by such person at its own cost ana expense unless a contrary
intent is expressed. Notwithstanding the foregoing. however, Tenant expressly covenants and agrees
to pay Landlord any legal fees Incurred by Landlord in the course of enforcin!j Landlord's rights
hereunder; and regardless of whether such fees relate to actual commencement of fegal proceedings or
relate to work performed by an attorney preparatory thereto.
(E) The obligations of Tenant to make the payments of Base Rent, Tax Rent, Common Area Rent
Additional Rent and all other charges required by this lease and to perform and observe any and alf
of the covenants and other agreements on its rart, shall be a general obligation of Tenant and shall
be absolute and unconditional irrespective 0 any defense, offset, counterclaim or right to compel
performance by Landlord. Tenant wi 11 not su' nd, discontinue or abate any such payment or fail to
observe any covenant or agree..nt for any cause whatsoever including, wit~out limiting the
general ity of the foregoing, any acts or clrcumstan-es that may constitute an eviction or
constructlve eviction, fai lure of consideration, or, except as expressly and specifically allowed by
this lease, for destruction of or damane to the Leased Premises. commercial frustration of purpose.
or' the tilV.lllf} by ",m;f\f!lll dOIll,lln o.r titre t,) or th,~ r'iqtll ~)r tl~I11JJrH'ary lIse o( ,11J or any part of thE'
le,ned Pr~!l115e~. or for <lilY ClliHl(Jf~ ill ttle tel)( ur IlthCI' 1;.h"5 of ttle United SliJlF'S of ArnerlCd or of
tho State where the Leased Premises is situated or any political subdivision the"reof any agreement
"'~ether expressed or tmpl,iea, or any duty, liability or obligation arising out of or in connectlcn
WIth this lease, Noth,ng herein contained shall be construed to releaSt Landlord from the
performance of any of the agreements on its part herein contained and In the event Landlord should
fail to perform any such agreement on Its part, Tenant may institute a separate and independent
action against landlord. as Tenant may deem necessary to compel performance.
. 11 .
La~~:~::: Ht~R:
Tenant i
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(rl It Is agreed that Tenant's "AS IS" a~~eptan~e of the Lund Premises Md all of the
equipment, apparatus\ plumbing, heating, ~Ir conditioning, electric, water, waste dispolal and other
syltems (as llated n paragraph 7 above) includes Tenant's acceptance of any possible latent or
paltnt defects therein. It is further agreed that, In the event any htent or patent defect Is
found to be prennt wlthill the Lused P.'emises which does not consllt of defects in the roof,
foundations, footings or a load-bearing structural bui Irling component: III Tenant shall immediately
give Landlord wrlllen notice of suc~ fact; (II) Tellant shall forthwfth cease all activitIes,
Including (but not limited to) performance of alterations, renovations or redecoration activit "I
that disturb the condition, or violate any legal requirement; (IiI) Landlord may (if It so elects
retain control of all procedure! employed to cure such condition Including (but not llmi\ed to
selection of conlultants, attorneys and contractors retained for curative work an~ lchedu Ing of
curative work; and (iv) Landlord shallh at Landlord'l option but at Tenant's ...pense (or If Landlord
does not elect to do it, Tenant s a 11 at Tenant's ..pense) cause the curat i ve work to be
accomplished In ac~ordance with all laws, regulations and legal requirements of governmental
agencies or authorities having jurisdiction_ If required by landlord to do so, [n order to
accomplish the cure, Tenant s~a1T temporarily cIon the Leased Premlsel for busine55, remove Its
Inventory and other contentl) permit entry to accomplish the cure and generally cooperate with
Land lord and its agentl' ehorll; and Tenant hereby i rrevocab ly wa Ives a 11 c 14 lml for persona 1
Injury, propert.y Iou or damage or other damage, 1055 of business or otherwise in connquence of any
such occurrence. In the event of ar.y conHlct or inconlhtency between this chuse (FI and a,y
other provision of this lease (Including but rot limited to any provision r~ardinJl repairs,
maintenance, alterations and compliance with laws) the provisions of this clause (~) lhan control;
and It is e,pressly agreed that any discovery hereafter of any latent or patent defect within the
Leand Premlns shall be deemod to be a "cause beyond Landlord's reasonable control" within the
meaning of paragraph 25 of this lease.
25, Unavoidable Delays
25. Where either party heretQ is required to do any act, the time attributable directly to delays
caused by Act of God, war, civil commotion, fire or other casualty, labor difficulties, or shortagu
of labor, materials or equipment, government regulatlonl or other causes beyond such party's
reasonable ~ontrol shall not be counted in determining the time during which such act is to be
~ompleted, In any case where work is to be paid for out of Insuran~e pro~eeds or condemn~,tlon
awards, due a llowan~e shall be made, both to the party requi red to perform such work and to the
party requ I red to make su~h payment, for delays In the co 11 e~t ion of su~h pro~eedl and award I ,
Tenant agrees that the provisionl of this Article 25 shall not be applicable at all to permit delay
of the time for Tenant to pay Rent or other money; and that the provisions of this Article 25 shall
not In any manner excuse or permit delay in obtaining and maintaining any foli~I" of insurance
required to be obtained and maintained by Tenant pursuant to the provisions of his lease,
26. Partial Invalidity
26. Each provision of this leas. Ihall be valid and enforced to the fullest extent p~rmitted by
hw. However! if any provision of this lease or appllcallon thereof to any person or cir~umstance
for some unln ended reason shall to any extent be declared by a court to be Inval id, the remainder
of this lease or the application of su~h provision to persons or ~ir~umstances other than those as
to which it Is held inval,d shall not be affe~ted thereby.
27. Inability To Deliver Premises
27, In the event for any reason or cault, Landlord shall be unable to deliver the Leand Premises
prior to one year after the date of the execullon of this lease by Landlord, then Tenant or Landlord
shall have the option within 30 days thereafter to terminate this lease by. giving written noti~e to
the other, and then this lease, immediately, on giving of su~h noti~e, shall be terminated, and both
Landlord and Tenant sha 11 be re It eved of all 1 hbll it i es and ob Itgat ions hereunder, except that
Landlord sha 11 return Tenant' I Security Depos it, if any,
28. Sole Broker
28. Tenant represents: that no broker or other person entitled to liCmpGRutioA stRap tABA
. ~"'he B,eke,.')
was involved in this lease, and that no conversations or prior negotiations were had wi h any broker
other than the Broker con~erning the renting of the Leased Premises, Tenant agreel to defend,
indemnify and hold Landl,rd harmless against any claims for brokerage commission or finder's fee
arising out of any conversations or negotiations had by Tenant with anyone other than the Broker,
29, Estoppel Certifl~ates
29. Tenant agrees it will, at any' time and from time to time, within ten daYI following written
noti~e by Landford deliver to Landlord a ligned and acknowledged written statement presented b:r
Landlord ~ertlfying: the date of this lease and that this lease Is in full force and effe~t an
unmodified (or If there have been mOdifications! stating the mOdifications); the amount of monthly
Base Relit payable throughout the Lease Term and he Percentage Rent Rate used; the date to which the
Rent and other payments have been paid; that Landlord is not in default (or If default is claimed,
specifying the sneclfic nature and detai ls of each su~h default); whether or not there are any
offsets, defenses or counterclaims against enforcement of the obligations to be performed by Tenant;
and stating any additional matters required by Landlord or a mortgagee. Failure to timely furnlsn
such statement Ihall be a default by Tenant.
30. "odlflcatlons for Flnan,ln9 Realons
30. Tenant agrees Landlord may at any time and from time to time place and replace mortgages on
all or a part of the Shopping Center. If a mortgagee requirtl any modifications to this lease al a
condition to IlIuing a commitment or closing the loan, Tenant agrees to sign, within 10 days after
requtlt! the necellary lease amendment to accomplish lu~h modifications, fa~iling whi~h landlord may
termina e this lease for Tenant's default; but Tenant shall not be required to agree to any
modlfl~ation which ~hanges either the Rent the permitted uses of or the size or 10~ation of the
leased Prp.miH!~, the cOlllmencemp.nt d,1te (lr duration of thp. ltl"~p. T~rm, or thtt tmprovem~nt' required
to be made by Terlant Qr Lafldlord to t'le l~J~~d PremiS~5.
31, Shopping Center Changes
31. Neither Exhibtt "A" nor this Ita" is a warranty by Landlord that the Shopping Center will
remain as shown. Landlord in its sole dis~retion may at any time relo~ate, increase, reduce or
otherwise ~hange the number, dimenlions, levels or lo~allons of the buildings parking areas exltl
and walks and may make alterations or additions to any buildings or parking lacllttles, If'll any
time Landlord desfres to alter or improve the fa~ade of the Shopping Center so as to modernize enij
. 12 .
La~~:~~:: ~
Tenant
, .
. 0
RIDER TO LEASE DATED AS OF DEClMBER 12, 1991, BY AND'BETWEEN KIMCO
DEVELOPMENT OF GIANTS, INC" AS LANDLORD AND TAN TAN INCORPORATED, AS TENANT,
FOR PREMISES AT UPPER ALLEN, PENNSYLVANIA
~
,
,
.
34, Notwithstand i ng anyth i ng prov i ded herein, if there is any
discrepancy between the printed form and this rider, the rider shall prevail.
35. Tenant's sign design drawings shall be submitted to the
Landlord for Landlord's approval prior to the erection of Tenant's sigll, The
sign shall not exceed 30' in height, nor shall the length exceed 2/3 of the
Tenant's storefront. Flashing, neon or moving lights on signs are prohibited.
All the provisions of this Lease shall apply to said sign, insofar as said
provisions are applicable, includin, but not limited to Tenant's duty to repair
(Article 10) and insure (Article 11 said sign, and said sign shall comply with
all laws, The sign shall not be p aced in such a manner that it extends above
the parapet or facade and shall be in the designated area.
36. It is understood and agreed that Tenant has inspected and examined the
premi ses bei ng leased and the park i ng lot and connnon areas of the Shoppi ng
Center and is fami! iar with the physical condition thereof; Landlord has not
made and does not make any representat ions as to the phys Ica 1 condit I on of
either the Leased Premises or the Shopping Center and Tenant agrees to take
them "as is",
37, It is understood and agreed that Tenant has inspected and
examined the premises being leased and the parking lot and cOllunon areas of the
Shopping Center and Is familiar with the physical condition thereof; the
Landlord has not made and does not make any representation~ as to the physical
conditIon of either the Leased Premises or the Shopping Center and the Tenant
agrees to take them "as is".
38. A. Unless specifically provided herein to the contrary,
Landlord shall not be required to perform any items of work in or to the Leased
Premi ses, A 11 work not specHi ca lly des ignated herein as bei ng Land lord's
responsibility shall be the Tenant's obligation, and shall be done at no cost
to the Landlord.
B. All Tenan~ work shall be installed in accordance with the
terms of the Lease, all govern i ng codes, I aws and regul ati ons, and Land lord's
design, construction, and labor standards. Notwithstanding anything else
contai ned herei n, t.he Tenant, not the Landlord, sha 11 have the respons i b i1 ity
for obtaining its Certificate of Occupancy and shall furnish Landlord with a
copy of same prov i ded same is requ i red by the loea I governmenta 1 authorit ies
before Tenant can open for business in the Leased Premises or at any time
thereafter,
39, For any Tenant work that involves penetration of the roof
surface, the Tenant agrees to employ the Landlord's roofing contractorl thereby
ensuring that the roofing bond and/or warranty wi 11 remain in full orce and
effect, and the maintenance of Tenant's roof work will be the sole
responsibility of Tenant, including repair of adjoining areas of the Shopping
Center that might be affected due to water penetration through Tenant's roof
work,
40, Landlord agrees that during the term of the Lease and so long
as Tenant is in possession and is not in default hereof, Landlord will not
hereafter lease any portion of the Shopping Center to a tenant whose principal
permittp.d use is that of a hair stylist. The aforementioned restriction shall
not apply to those stores marked as Store 1 and Store 24 on the Exhibit "A"
attached hereto and made a part hereof,
41. Tenant shall renovate the Leased Premises which revovation shall include,
but not be limited to, installation of new carpeting and replacement of
existing lighting with 2 x 4 recessed lighting, ,This renovation shall be
accompllshea within the first six (6) months of the Lease Term.
42. 'he p.".ti(>') heH!tu .lrf~ .11..,0 I"ndlonl .uHf TPrliHlt Undf".'f (1
certain lease dated as of May 28, 1982 (hereinafter called the "t irst Lease")
for the Leased Premises which will expire on August 31, 1992. Both Tenant and
Landlord acknowledge that there Is no Security Deposit under the First Lease.
Tenant will remain liable to Landlord for all costs and expenses incurred by
Landlord in repairing any damage to the premises demised to Tenant under the
First Lease which was caused by Tenant's use of or removal from the premises.
vf
NL-374C/LS/DA 12-20-91
-1-
"I.
.
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Tan Tan Incorporated
Page 2
April 10, 1992
It Is mutually understood and agreed that the Lease shall be and remain in full
force and effect, except a~ same is specifically modified and amended hereby,
All covenants, terms, obligations and condltion~ of the Lease, not amended or
modified hereby, are hereby ratified and confirmed.
Your acceptance and agreement with the aforementioned shall be evidenced by
your signIng and returning one copy of this letter agreement to the undersigned,
.
Very truly yours,
F GIANTS, INC,
P-f(Q lMP f:(',<,cle/14.
,
ACCEPTED AND AGREED:
TAN TAN INCORPORATED
~y; ,.,. -k L
~1~~~~'~~fi>f(
Social Security No.
LTAG-374/LS/DA
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THIS FIRST AMENDMENT TO LEASE made as of the 29th day of March,
1995 by and between KIMCO DEVELOPMENT OF GIANTS INC. (hereinafter
referred to as "Landlord") and TAN TAN INCORPORATED (hereinafter referred
to as "Tenant"): which terms "Landlord" and "Tenant" shall include the
~uccessors and assigns of the respective parties,
WITNESSETH:
WHEREAS, by Lease Agreement dated as of December 12, 1991,
Landlord did lease and demise unto Tenant certain premises therein more
particularly described in a shopping center at Upper Allp.n, Pennsylvania.
WHEREAS, by Letter Agreement dated as of April 10, 1992,
Landlord and Tenant did agree to certain modifications of the Lease
Agreement (said Lease Agreement as amended hereinafter referred to as the
"Lease").
WHEREAS, the parties hereto desire to amend the Lease,
NOW, THEREFORE, in consideration of the premises and the sum of
Ten and nO/l00 ($10,00) Dollars and other good and valuable
consideration, in hand, paid by Tenant to Landlord, the receipt and
sufficiency of which is hereby acknowledged, it is mutually agreed as
follows:
1. The term of the Lease is hereby extended for an additional
peri od of one (l) year from its present expi rat i on date of August 31,
1995 so that the term of the Lease shall now expire on August 31, 1996
(the "Expiration Date"), Tenant agrees and acknowledges that there are
no options to extend the term of the Lease beyond the Expiration Date,
,
2, Conunenc i n9 September 1, 1995, and cont i nu i ng through and
including August 31, 1996, the Annual Base Rent payable by Tenant to
Landlord shall continue to be Fourteen Thousand Eight Hundred Eighty
Dollars ($14,B80,OO) payable in equal monthly installments of One
Thousund Two Hundred Forty Dollars ($l,240,OO), and in the manner
provided in the Lease,
3. Tenant I s address for not i ce purposes is: 133 Gettysburg
Pike, Mechanicsburg, PA 17055; Landlord's address for notice purposes
is: 3333 New Hyde Park Road, Suite 100, P.O. Box 5020, New Hyde Park, NY
11042-0020.
4, It is mutually understood and agreed that the Lease sha 11
be ard remain in full force and effect, except as same is specifically
modified and amended hereby,
5, The signatory of this document on behalf of Tenant
represents that he/She is an officer of the corporation and has been duly
authorized by Tenant's Board of Directors to execute this document,
6. Tenant acknowledges that, to Tenant's knowledge no default
exists on the part of Landlord under the Lease as of the date hereOf,
7, In the event of a di screpancy between the Lease and this
Amendment, this Amendment shall prevail,
TNESS WHEREOF, Land'lord and Tenant have executed this
o the day and year' first above written.
LANDLORD: KIDEVELOPMENT OF
. S" INC.
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TENANT: TAN TAN .INC~~ED
By: ~~lA~I~/-r
Federal Tax 10 No,';> 3 ::Jlo?5"6 7
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYl VANIA
CIVIL ACTION. LA W
KIMCO DEVELOPMENT OF
OIANTS,INC"
Plaintin:
vs.
No. 96-2169
TAN TAN,INC'.
CIVIL ACTION - LAW
Det'endant.
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
William J. Cassidy, Jr., counsel for the Plaintiff in the above aetion, respeetfully
represents thaI:
I. The above-captioned action is at issue.
2. The claim of the PlaintilTin thc action is $7,637.26,
The counterclaim of the Dcfendant in the action is NIA.
The following attorncys are intcrestcd in the casc(s) as counselor are otherwise
disqualificd to sit as arbitrators:
David A.Baric, Esq.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall bc submitted,
Respectfully Submitted,
APPEL & YOST LLP
,
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,
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William J. CassO
Attorney J.D. No.
Attorney lor Plaintiff
33 North Duke Street
J.ancastcr, PA 17602
(717) 394-0521
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