Agenda - 02-15-1994 - VIII-J - Laserfiche WebLink

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6 , ARTICLE 11 DEFINTIONS 2.01. ' shall mean the property let to TENANT as described in Article 1. The Premises shall be measured from the exterior faces of all exterior walls and from the center line of all common walls. The LANDLORD reserves to itself the use of the exterior walls and roof, and the right to install, maintain, use and repair pipes, ducts, conduits, vents and wires leading in, through, over, or under the Premises. 2.02. 1FdSE YEAR' as used herein is defined to mean a period of twelve (12) consecutive full calendar months. If the Lease Term shall commence on a day other than the first day of a calendar month, it shall be considered a partial month. At LANDLORD'S election,the "Lease Year" shall mean any twelve (12) month period selected by LANDLORD. If by such election,the period prior to the first"Lease Year"is longer than a partial month,then this period shall be deemed a"Partial Lease Year." Minimum Rent, Percentage Rent and Additional Rent shall be prorated for the partial month and/or Partial Lease Year. 2.03. MAX&ON AREAS'means the entire Shopping Center except the portions of the Shopping Center upon which buildings, structures or other improvements have been erected for lease or sale, and except areas designated for other uses by LANDLORD. 2.04. "SAS SALES'shall mean and refer to all sales of merchandise and services, and all revenues of every kind, less sales tax, derived from the business conducted at or from Premises. The amount of dollar value of bona fide refunds or credit, granted for return of merchandise, shall be charged as a credit in reduction of the Gross Sales, for the period within which such rekinds shall have been made. For the purpose of the foregoing,all credit sales shall be included in Gross Sales for the month of sale. 2.05. "PRO RATA SHARE"means the ratio of the floor area of the Premises to the Gross Usable Area of the Shopping Center, excluding principal TENAIS T'S Premises. 2.06. "�aB=1 EASA 71 E AEA'shall mean all areas rentable to tenants,as determined by LANDLORD, and shall exclude the Cormon Areas. ARTK;1 F 111 _Em 3.01. Its Lease shall be for the term specified in Article I hereof,which shall run from the Occupancy Date as specified in Article I, except that the LANDLORD shall have the right to postpone the Occupancy Date by service of written notice upon the TENANT. If the Occupancy Date fails to occur within one hundred eighty(180)days after the date specified in Article 1.06(1),either party may elect to terminate this Lease upon service of written ndim to the other given prior to the Occupancy Date,in which case neither party shall have any liability to the other under this Lease. 3.02 Faiva of TENANT b Oct In the event that TENANT'fails to open the Premises for business fully fixhxed, stocked and staffed at the expiration of the fixture and stocking days alkwied in Article I,then the LANDLORD shall have in addition to any and all remedies herein prodded the right at its option to collect not only the Mininxun Rent but Additional Rent at the rate of 11360th per day of the Minimum Rent. 3.03. CgognEdunPoseessiloit LANDLORD and TENANT hereby agree that TENANTS taking possession of the Premises shall be deemed conclusive evidence to TENANT'S acceptanoe of the Premises and satisfactory condition for compliance with all the covenants and obligations of the LANDLORD in connection therewith. TENANT acknowledges that no promises to decorate, after, repair or improve the Premises, either before or after the exeafion hereof, have been made by the LANDLORD or its authorized representatives, except as the same may be specified in Exhibit C attached hereto. TENANT'shell perform all TENANTS work on the Premises in accordance with Exhibit C attached hereto, and shall thereafter install such stock, fixtures,and equipment to perform such other work as shall be necessary or appropriate in order to prepare the Premises for opening and continuous operation of TENANT'S business thereon. 4