Common use of Landlord's Net Return Clause in Contracts

Landlord's Net Return. The parties intend that this Agreement shall constitute a "net franchise lease", so that the Rent shall provide Landlord with a "net" return for the Term, free from any expenses or charges with respect to the Premises, except as specifically provided in this Agreement. Accordingly, Franchisee shall pay as Rent and discharge, before failure to pay the same shall create a material risk of forfeiture or give rise to a penalty, each and every item of expense, of every kind and nature whatsoever, related to or arising from the Premises, or by reason of or in any manner connected with or arising from the development, leasing, operation, management, maintenance, repair, use or occupancy of the Premises or any portion of the Premises. Notwithstanding anything to the contrary in this Agreement, Franchisee shall not be required to pay any of the following incurred by Landlord: (a) principal, interest, or other charges payable under any Fee Mortgage; (b) depreciation, amortization, brokerage commissions, financing or refinancing costs, management fees or leasing expenses incurred by Landlord with respect to the Fee Estate or the Premises; (c) consulting, overhead, travel, staff and other similar costs incidental to Landlord's ownership of the Premises, other than reasonable attorneys' fees incurred by Landlord and payable by Franchisee pursuant to express provisions of this Agreement; and (d) any costs arising from or pursuant to any instrument or agreement affecting the Premises that is not a Permitted Exception and to which Landlord is a party and Franchisee is not a party.

Landlord's Net Return. The parties intend that this Agreement Lease shall constitute a "net franchise lease", ," so that the Rent shall provide Landlord with a "net" return for the Term, free from any expenses or charges with respect to the Premises, except as specifically provided in this AgreementLease. Accordingly, Franchisee Tenant shall pay as Additional Rent and discharge, before failure to pay the same shall create a material risk of forfeiture or give rise to a penalty, each and every item of expense, expense of every kind and nature whatsoever, whatsoever related to or arising from the Premises, Premises or by reason of or in any manner connected with or arising from the development, leasing, operation, management, maintenance, repair, use or occupancy of the Premises or any portion of the Premises. Notwithstanding anything to the contrary in this AgreementLease, Franchisee Tenant shall not be required to pay any of the following incurred by Landlordfollowing: (a) principal, interest, or other charges payable under any Fee Mortgage; (b) depreciation, amortization, brokerage commissions, financing or refinancing costs, management fees or leasing expenses incurred by Landlord with respect to the Fee Estate or the Premises; (c) consulting, overhead, travel, staff legal, staff, and other similar costs incidental to Landlord's ownership of the Premises, other than reasonable attorneys' fees incurred by Landlord and payable by Franchisee Tenant pursuant to express provisions of this AgreementLease; and (d) any costs arising from or pursuant to any instrument or agreement affecting the Premises that is not a Permitted Exception and to which Landlord is a party and Franchisee Tenant is not a party; and (e) any cost or expense arising directly or indirectly from any conditions existing on, at or with respect to the Premises before the Construction Commencement Date; and (f) any sales or other taxes assessed and levied against Landlord's receipt of Rent hereunder (except where such taxes are imposed, in whole or in part, in lieu of or in substitution for real estate taxes, in which event same shall be paid by Tenant).

Landlord's Net Return. The parties intend that this Agreement This Lease shall constitute a an absolutely "net franchise lease", so that the ." The Fixed Rent shall provide give Landlord with a an absolutely "net" return for the Term, free from of any expenses or charges with respect to for the Premises, except as specifically provided in this AgreementLease expressly provides. Accordingly, Franchisee Tenant shall pay as Additional Rent and dischargedischarge (subject to Tenant's right of Contest or Landlord's obligation to perform acts or furnish services as this Lease expressly provides), before failure to pay the same shall create a material risk of forfeiture or give rise to a penalty, each and every item of expense, of every kind and nature whatsoever, related to or arising from the Premises, or by reason of or in any manner connected with or arising from the development, leasing, operation, management, maintenance, 20 repair, use use, or occupancy of of, or Construction Work affecting, the Premises or any portion of the Premises. Notwithstanding anything to the contrary in this AgreementLease, Franchisee Tenant shall not be required to pay any of the following and Tenant may offset against Rent any sums paid by Tenant on account of, and Landlord shall Indemnify Tenant with respect to the payment of, the following items payable, accrued, or incurred by Landlord: (a) principal, interest, or other charges payable under any Fee MortgageDebt Service; (b) depreciation, amortization, brokerage commissions, financing or refinancing costs, management fees fees, or leasing expenses incurred by Landlord with respect to for the Fee Estate or the Premises; (c) consulting, overhead, accounting, tax preparation, other professional fees, travel, legal and staff costs, bank service charges, and other similar costs incidental to Landlord's ownership of the Premises, other than reasonable attorneys' fees incurred by Landlord Premises and payable by Franchisee pursuant to express provisions administration and monitoring of this AgreementLease, including such costs Landlord incurs in reviewing anything Tenant delivers under this Lease (except where this Lease expressly provides otherwise); and (d) any costs or expenses that Landlord incurs in or for any litigation, except to the extent that this Lease requires Tenant to pay such costs or expenses; (e) any costs arising from or pursuant to under any instrument or agreement affecting the Premises that is but not a Permitted Exception and to which Landlord is a party and Franchisee Tenant is not a party; (f) any Impositions, insurance premiums, utilities, operating expenses, or other costs related to the Premises that accrued before the Commencement Date; (g) any sums payable by Landlord under this Lease; (h) any professional fees, consulting fees, or other costs Landlord incurs in reviewing any items delivered by Tenant under this Lease or otherwise in monitoring or administering this Lease or determining whether Tenant is in compliance with this Lease, except as this Lease otherwise expressly provides; (i) all costs related to or arising from the Excluded Premises; and (j) all other costs or expenses that, by their nature, are personal to Landlord or Landlord's investment in or ownership of the Fee Estate.

Landlord's Net Return. The parties intend that this Agreement Lease shall constitute a "“net franchise lease", ,” so that the Rent shall provide Landlord with a "“net" ” return for the Term, free from any expenses or charges with respect to the Premises, except as specifically provided in this AgreementLease. Accordingly, Franchisee Tenant shall pay as Additional Rent and discharge, before failure to pay the same shall create a material risk of forfeiture or give rise to a penalty, each and every item of expense, expense of every kind and nature whatsoever, whatsoever related to or arising from the Premises, Premises or by reason of or in any manner connected with or arising from the development, leasing, operation, management, maintenance, repair, use or occupancy of the Premises or any portion of the Premises. Notwithstanding anything to the contrary in this AgreementLease, Franchisee Tenant shall not be required to pay any of the following incurred by Landlordfollowing: (a) principal, interest, or other charges payable under any Fee Mortgage; (b) depreciation, amortization, brokerage commissions, financing or refinancing costs, management fees or leasing expenses incurred by Landlord with respect to the Fee Estate or the Premises; (c) consulting, overhead, travel, staff legal, staff, and other similar costs incidental to Landlord's ’s ownership of the Premises, other than reasonable attorneys' ’ fees incurred by Landlord and payable by Franchisee Tenant pursuant to express provisions of this AgreementLease; and (d) any costs arising from or pursuant to any instrument or agreement affecting the Premises that is not a Permitted Exception and to which Landlord is a party and Franchisee Tenant is not a party; and (e) any cost or expense arising directly or indirectly from any conditions existing on, at or with respect to the Premises before the Construction Commencement Date; and (f) any sales or other taxes assessed and levied against Landlord’s receipt of Rent hereunder (except where such taxes are imposed, in whole or in part, in lieu of or in substitution for real estate taxes, in which event same shall be paid by Tenant).