Common use of COMMON AREA CHARGE AND CENTER PROMOTION CHARGE Clause in Contracts

COMMON AREA CHARGE AND CENTER PROMOTION CHARGE. Tenant shall pay to Landlord a common area charge equal to the amount set forth in Section 8.03 of the Data Sheet (payable monthly, in advance, on the first day of each month), and, as payment to Landlord for promoting the Shopping Center, an initial promotion charge, and an annual promotion charge (payable monthly, in advance, on the first day of each month), in the amounts also set forth in the Data Sheet, provided such common area charge and annual promotion charge amounts apply only until expiration of the “Reference Year” set forth in Section 8.03 of the Data Sheet, and the common area charge and annual promotion charge shall both be increased on each January 1st following expiration of the Reference Year by a percentage equal to five percent (5%) of the amount for the prior calendar year. The common area charge and annual promotion charge payable by Tenant to Landlord under this Section shall be flat rate charges for reimbursement for costs and expenses incurred by Landlord in connection with the operation, maintenance, repair and replacement of the regional retail development and the promotion (at Landlord’s option by means of a merchant’s association or otherwise) of the Shopping Center and Landlord shall be under no obligation to return to Tenant any portion of such flat rate common area charge or flat rate annual promotion charge after payment. The flat rate nature of such charges are intended to benefit Landlord and Tenant and such charges shall not necessarily reflect Landlord’s actual costs and expenses for any given period of time. If Landlord pays or incurs amounts to make homeland security related changes to the Shopping Center or regional retail development in any year which are: (1) required by law or governmental order; or (2) required by its insurance carrier as a condition of maintaining then current coverages at rates that are no more than one hundred five percent (105%) of those then current; or S12 COMMON AREA CHARGE (3) recommended by a recognized homeland security expert as part of a plan to defend the Shopping Center from potential acts of violence and cost more than Two Hundred Fifty Thousand and 00/100ths Dollars ($250,000.00) (the “Threshold Amount”) in a single calendar year, then the above flat rate common area charge shall be increased for such year by an amount equal to Tenant’s proportionate share (as such term is defined in Section 2.05) of the costs and expenses paid or incurred by Landlord for such homeland security related changes; provided that, in the calculation of such increase, costs and expenses incurred under subparagraph (3) up to the Threshold Amount under subparagraph (3) shall be excluded.

COMMON AREA CHARGE AND CENTER PROMOTION CHARGE. Tenant shall pay to Landlord a common area charge equal to the amount set forth in Section 8.03 of the Data Sheet (payable monthly, in advance, on the first day of each month), and, as payment to Landlord for promoting the Shopping Center, an initial promotion charge, and an annual promotion charge (payable monthly, in advance, on the first day of each month), in the amounts also set forth in the Data Sheet, provided such common area charge and annual promotion charge amounts apply only until expiration of the “Reference Year” set forth in Section 8.03 of the Data Sheet, and the common area charge and annual promotion charge shall both be increased on each January 1st following expiration of the Reference Year by a percentage equal to five percent (5%) of the amount for the prior calendar year. The common area charge and annual promotion charge payable by Tenant to Landlord under this Section shall be flat rate charges for reimbursement for costs and expenses incurred by Landlord in connection with the operation, maintenance, repair and replacement of the regional retail development and the promotion (at Landlord’s option by means of a merchant’s association or otherwise) of the Shopping Center and Landlord shall be under no obligation to return to Tenant any portion of such flat rate common area charge or flat rate annual promotion charge after payment. The flat rate nature of such charges are intended to benefit Landlord and Tenant and such charges shall not necessarily reflect Landlord’s actual costs and expenses for any given period of time. If Landlord pays or incurs amounts to make homeland security related changes to the Shopping Center or regional retail development in any year which are: (1) required by law or governmental order; or (2) required by its insurance carrier as a condition of maintaining then current coverages at rates that are no more than one hundred five percent (105%) of those then current; or S12 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE (3) recommended by a recognized homeland security expert as part of a plan to defend the Shopping Center from potential acts of violence and cost more than Two Hundred Fifty Thousand and 00/100ths Dollars ($250,000.00) (the “Threshold Amount”) in a single calendar year, then the above flat rate common area charge shall be increased for such year by an amount equal to Tenant’s proportionate share (as such term is defined in Section 2.05) of the costs and expenses paid or incurred by Landlord for such homeland security related changes; provided that, in the calculation of such increase, costs and expenses incurred under subparagraph (3) up to the Threshold Amount under subparagraph (3) shall be excluded.

COMMON AREA CHARGE AND CENTER PROMOTION CHARGE. Tenant shall pay to Landlord a common area charge equal to the amount set forth in Section 8.03 of the Data Sheet (payable monthly, in advance, on the first day of each month), and, as payment to Landlord for promoting the Shopping Center, an initial promotion charge, and an annual promotion charge (payable monthly, in advance, on the first day of each month), in the amounts also set forth in the Data Sheet, provided such common area charge and annual promotion charge amounts apply only until expiration of the “Reference Year” set forth in Section 8.03 of the Data Sheet, and the common area charge and annual promotion charge shall both be increased on each January 1st following expiration of the Reference Year by a percentage equal to five percent (5%) of the amount for the prior calendar year. The common area charge and annual promotion charge payable by Tenant to Landlord under this Section shall be flat rate charges for reimbursement for costs and expenses incurred by Landlord in connection with the operation, maintenance, repair and replacement of the regional retail development and the promotion (at Landlord’s option by means of a merchant’s association or otherwise) of the Shopping Center and Landlord shall be under no obligation to return to Tenant any portion of such flat rate common area charge or flat rate annual promotion charge after payment. The flat rate nature of such charges are intended to benefit Landlord and Tenant and such charges shall not necessarily reflect Landlord’s actual costs and expenses for any given period of time. S13 COMMON AREA CHARGE If Landlord pays or incurs amounts to make homeland security related changes to the Shopping Center or regional retail development in any year which are: (1) required by law or governmental order; or (2) required by its insurance carrier as a condition of maintaining then current coverages at rates that are no more than one hundred five percent (105%) of those then current; or S12 COMMON AREA CHARGEor (3) recommended by a recognized homeland security expert as part of a plan to defend the Shopping Center from potential acts of violence and cost more than Two Hundred Fifty Thousand and 00/100ths Dollars ($250,000.00) (the “Threshold Amount”) in a single calendar year, then the above flat rate common area charge shall be increased for such year by an amount equal to Tenant’s proportionate share (as such term is defined in Section 2.05) of the costs and expenses paid or incurred by Landlord for such homeland security related changes; provided that, in the calculation of such increase, costs and expenses incurred under subparagraph (3) up to the Threshold Amount under subparagraph (3) shall be excluded.