Common use of Payments by Tenant Clause in Contracts

Payments by Tenant. 1. Tenant shall pay Landlord all sums due Landlord for items of work performed or expenses incurred by Landlord on behalf of Tenant within ten (10) days after receipt by Tenant of a statement therefor from Landlord. Such items of work and expenses incurred include, but are not necessarily limited to, the following: a. All items called for as Tenant’s cost obligations in this Exhibit. b. In the event that the Leased Premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the public at the time of the commencement by Tenant of its construction hereunder, Tenant shall be obligated to pay to Landlord Xxxxxx’s pro rata share of costs and expenses incurred by Landlord in arranging for a final cleaning of and debris removal from the Common Areas and vacant premises in preparation for the grand opening of the retail development or of such expansion wing. Tenant’s pro rata share shall be computed on the basis that the square footage of the Leased Premises bears to the square footage of gross leased and occupied area in the Shopping Center (or in the expansion wing of the Shopping Center, as applicable) as of the earlier of: the date of the opening of the Shopping Center (or the expansion wing, as applicable), or the date that Tenant is notified of its pro rata share of such costs and expenses. 2. In the event Tenant fails to open its store for business to the general public upon the commencement date of the term of the Lease, or fails to complete the remodeling required under Section 5.01 of the Lease within ninety (90) days following such commencement date (to the extent that this Lease represents a renewal lease for the same premises as are presently occupied by Tenant), then in addition to all other fees and charges hereunder, Tenant shall pay a fee to Landlord in accordance with the following schedule for additional coordination, administration, and other services, which fee shall be paid for each full calendar month after the commencement date, or after the expiration of such ninety (90) day period, as applicable (with periods of less than one month to be prorated), that Tenant shall have failed to open its store for business, or shall have failed to complete its required remodeling as set forth above, as applicable. The payment of the foregoing fee shall not excuse Tenant from default for failure to open, or failure to remodel, as applicable, shall not preclude the exercise of default remedies by Landlord, and shall not render Landlord liable in any manner for or in connection with Xxxxxx’s construction. 1 to 500 sq. ft. 2,500.00 501 to 750 sq. ft. 3,000.00 751 to 1,500 sq. ft. 4,000.00 1,501 to 3,500 sq. ft. 5,500.00 3,501 to 6,000 sq. ft. 7,000.00 6,001 to 10,000 sq. ft. 8,000.00 10,001 sq. ft. and over 9,500.00 + 75¢/per sq. ft. in excess of 10,000 sq. ft.

Payments by Tenant. 1. In case of any such re-entry, termination and/or dispossession by summary proceedings or otherwise as provided in the immediately preceding paragraph, (i) the Basic Rent and Additional Rent shall become due thereupon and be paid up to the time of such re-entry, dispossession and/or termination, together with such expenses, including reasonable attorneys’ fees and expenses, as Landlord shall incur in connection with such re-entry, termination and/or dispossession by summary proceedings or otherwise; (ii) Landlord may in good faith relet the Leased Property or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may, at Landlord’s option, be equal to or less than or exceed the period which would otherwise have constituted the balance of the term of this Lease; (iii) Tenant shall also pay to Landlord all sums due other damages and expenses which Landlord for items shall have sustained by reason of work performed or expenses incurred by Landlord on behalf the breach of Tenant within ten (10) days after receipt by Tenant any provision of a statement therefor from Landlord. Such items of work this Lease, including, without limitation, legal expenses, reasonable attorneys’ fees, brokerage commissions and expenses incurred includein altering, repairing and putting the Leased Property and any buildings and improvements thereon in good order and condition and in preparing the same for reletting, which expenses shall be paid by Tenant as they are incurred by Landlord; (iv) Tenant shall also pay to Landlord the amount by which the Basic Rent reserved in this Lease exceeds the net amount, if any, of the rents collected on account of the leases of the Leased Property for each month of the period which would otherwise have constituted the Term of this Lease (excluding unexercised extension options), which amounts shall be paid in monthly installments by Tenant on the respective Installment Payment Dates specified therefor, and any suit brought to collect said amounts for any month or months shall not prejudice in any way the rights of Landlord to collect the deficiency in any subsequent month by a similar action or proceeding; and/or (v) at the option of Landlord exercised at any time, Landlord forthwith shall be entitled to recover from Tenant as liquidated damages, in addition to any other proper claims but are in lieu of and not necessarily limited toin addition to any amount which would thereafter have become payable under the preceding clause (iv), whichever of the followingfollowing sums Landlord shall elect: a. All items called for as Tenant’s cost obligations (1) an amount equal to the Basic Rent and Additional Rent reserved in this Exhibit. b. In Lease and/or covenanted to be paid for the event that remainder of the Leased Premises are located in a retail developmentTerm of this Lease (excluding unexercised extension periods), or in an expansion wing discounted at the rate of a retail developmentfive percent (5%) per year to present worth; provided that, which development or expansion wing if Tenant shall not yet have opened for business to the public so request, Landlord shall at the time of the commencement by Tenant of its construction hereunder, Tenant shall be obligated to pay to Landlord Xxxxxx’s pro rata share of costs such payment assign and expenses incurred by Landlord in arranging for a final cleaning of and debris removal from the Common Areas and vacant premises in preparation for the grand opening of the retail development or of such expansion wing. Tenant’s pro rata share shall be computed on the basis that the square footage of convey the Leased Premises bears Property to the square footage of gross leased and occupied area in the Shopping Center (or in the expansion wing of the Shopping CenterTenant, as applicable) as of the earlier of: the date of the opening of the Shopping Center (or the expansion wingwithout further consideration, as applicable), or the date that Tenant is notified of its pro rata share of such costs and expenses. 2. In the event Tenant fails to open its store for business to the general public upon the commencement date of the term of the Lease, or fails to complete the remodeling required under Section 5.01 of the Lease within ninety (90) days following such commencement date (to the extent that this Lease represents a renewal lease for the same premises as are presently occupied by Tenant), then in addition to all other fees and charges hereunder, Tenant shall pay a fee to Landlord in accordance with the following schedule for additional coordination, administration, terms and other services, which fee shall be paid for each full calendar month after provisions of Article 17 hereof; or (2) the commencement date, or after the expiration of such ninety (90) day period, as applicable (with periods of less than one month to be prorated), that Tenant shall have failed to open its store for business, or shall have failed to complete its required remodeling Termination Value as set forth abovein Schedule F hereto, as applicable. The payment plus any penalty imposed upon Landlord pursuant to any mortgage affecting Landlord’s interest in the Leased Property due to Landlord’s prepayment of the foregoing fee debt secured by said mortgage. Landlord, at Landlord’s option, may make such alterations and/or decorations in the Leased Property as Landlord, in Landlord’s sole judgment, considers advisable and necessary for the purpose of reletting the Leased Property; and the making of such alterations and/or decorations shall not excuse operate or be construed to release Tenant from default for failure to open, or failure to remodel, liability hereunder as applicable, shall not preclude the exercise of default remedies by Landlord, and shall not render Landlord liable in any manner for or in connection with Xxxxxx’s construction. 1 to 500 sq. ft. 2,500.00 501 to 750 sq. ft. 3,000.00 751 to 1,500 sq. ft. 4,000.00 1,501 to 3,500 sq. ft. 5,500.00 3,501 to 6,000 sq. ft. 7,000.00 6,001 to 10,000 sq. ft. 8,000.00 10,001 sq. ft. and over 9,500.00 + 75¢/per sq. ft. in excess of 10,000 sq. ftaforesaid.

Payments by Tenant. 1. In case of any such re-entry, termination and/or dispossession by summary proceedings or otherwise as provided in the immediately preceding paragraph, (i) the Basic Rent and Additional Rent shall be paid up to the time of such re-entry, dispossession and/or termination, together with such expenses, including reasonable attorneys’ fees and expenses, as Landlord shall incur in connection with such re-entry, termination and/or dispossession by summary proceedings or otherwise; (ii) Landlord may in good faith relet the Leased Property or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may, at Landlord’s option, be equal to or less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease; (iii) Tenant shall also pay to Landlord all sums due other damages and expenses which Landlord for items shall have sustained by reason of work performed or the breach of any provision of this Lease, including, without limitation, legal expenses, reasonable attorneys’ fees, brokerage commissions and expenses incurred in removing Tenant’s trade fixtures or other assets from the Leased Property, repairing and putting the Leased Property and any buildings and improvements thereon in good order and condition and in preparing the same for reletting, which expenses shall be paid by Tenant as they are incurred by Landlord; (iv) Tenant shall also pay to Landlord the amount by which the Basic Rent reserved in this Lease exceeds the net amount, if any, of the rents collected on behalf account of the leases of the Leased Property for each month of the period which would otherwise have constituted the Term of this Lease (excluding unexercised extension options), which amounts shall be paid in monthly installments by Tenant on the respective Rent Payment Dates specified therefor, and any suit brought to collect said amounts for any month or months shall not prejudice in any way the rights of Landlord to collect the deficiency in any subsequent month by a similar action or proceeding; and/or (v) at the option of Landlord exercised at any time, Landlord forthwith shall be entitled to recover from Tenant as liquidated damages, in addition to clause (i), but in lieu of and not in addition to any amount which would thereafter have become payable under the preceding clauses (ii), (iii) and (iv), whichever of the following sums Landlord shall elect: (A) an amount equal to the excess, if any, of the Termination Value of a Leased Property computed as of the Termination Date over the present value of the Fair Market Rental Value of such Leased Property for the balance of the useful life of such Leased Property, such Fair Market Rental Value to be determined by mutual agreement of Landlord and Tenant, or if they cannot agree within ten (10) days of such notice, by the appraisal procedure set forth in Paragraph (e) of Article 4 above, but without regard to any limitations imposed with respect to Maximum Renewal Term Rent or Aggregate FMRV Rent; (B) if a Leased Property has not been sold, an amount equal to the excess, if any, of the Termination Value of such Leased Property, computed as of the Termination Date, over the Fair Market Purchase Value of such Leased Property as of the Final Payment Date, such Fair Market Purchase Value to be determined by mutual agreement of Landlord and Tenant, or if they cannot agree within ten (10) days after receipt such notice, by Tenant the appraisal procedure set forth in Paragraph (e) of Article 4 above, but without regard to any limitations imposed with respect to Maximum Renewal Term Rent or Aggregate FMRV Rent; or (C) the Termination Value of a statement therefor from Landlord. Such items of work and expenses incurred include, but are not necessarily limited to, the following: a. All items called for as Tenant’s cost obligations in this Exhibit. b. In the event that the Leased Premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the public at the time of the commencement by Tenant of its construction hereunder, Tenant shall be obligated to pay to Landlord Xxxxxx’s pro rata share of costs and expenses incurred by Landlord in arranging for a final cleaning of and debris removal from the Common Areas and vacant premises in preparation for the grand opening of the retail development or of such expansion wing. Tenant’s pro rata share shall be Property computed on the basis that the square footage of the Leased Premises bears to the square footage of gross leased and occupied area in the Shopping Center (or in the expansion wing of the Shopping Center, as applicable) as of the earlier of: Termination Date, provided that upon payment of such amount and the date amount of the opening any unpaid Rent referred to in clause (i) of the Shopping Center (or the expansion wing, as applicablethis Article 23(c)(C), or the date that Tenant is notified of its pro rata share of Landlord shall assign and convey such costs and expenses. 2. In the event Tenant fails Leased Property to open its store for business to the general public upon the commencement date of the term of the LeaseTenant, or fails to complete the remodeling required under Section 5.01 of the Lease within ninety (90) days following such commencement date (to the extent that this Lease represents a renewal lease for the same premises as are presently occupied by Tenant)without further consideration, then in addition to all other fees and charges hereunder, Tenant shall pay a fee to Landlord in accordance with the following schedule terms and provisions of Article 17 hereof. Landlord, at Landlord’s option, may make such alterations and/or decorations in the Leased Property as Landlord, in Landlord’s sole judgment, considers advisable and necessary for additional coordination, administration, the purpose of reletting the Leased Property; and other services, which fee shall be paid for each full calendar month after the commencement date, or after the expiration making of such ninety (90) day period, as applicable (with periods of less than one month to be prorated), that Tenant shall have failed to open its store for business, or shall have failed to complete its required remodeling as set forth above, as applicable. The payment of the foregoing fee alterations and/or decorations shall not excuse operate or be construed to release Tenant from default for failure to open, or failure to remodel, liability hereunder as applicable, shall not preclude the exercise of default remedies by Landlord, and shall not render Landlord liable in any manner for or in connection with Xxxxxx’s construction. 1 to 500 sq. ft. 2,500.00 501 to 750 sq. ft. 3,000.00 751 to 1,500 sq. ft. 4,000.00 1,501 to 3,500 sq. ft. 5,500.00 3,501 to 6,000 sq. ft. 7,000.00 6,001 to 10,000 sq. ft. 8,000.00 10,001 sq. ft. and over 9,500.00 + 75¢/per sq. ft. in excess of 10,000 sq. ftaforesaid.

Payments by Tenant. 1. Tenant shall pay Landlord all sums due Landlord for items of work performed or expenses incurred by Landlord on behalf of Tenant within ten (10) days after receipt by Tenant of a statement therefor from Landlord. Such items of work and expenses incurred include, but are not necessarily limited to, the following: a. All items called for as Tenant’s cost obligations in this Exhibit. b. In the event that the Leased Premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the public at the time of the commencement by Tenant of its construction hereunder, Tenant shall be obligated to pay to Landlord Xxxxxx’s pro rata share of costs and expenses incurred by Landlord in arranging for a final cleaning of and debris removal from the Common Areas and vacant premises in preparation for the grand opening of the retail development or of such expansion wing. Tenant’s pro rata share shall be computed on the basis that the square footage of the Leased Premises bears to the square footage of gross leased and occupied area in the Shopping Center (or in the expansion wing of the Shopping Center, as applicable) as of the earlier of: the date of the opening of the Shopping Center (or the expansion wing, as applicable), or the date that Tenant is notified of its pro rata share of such costs and expenses. 2. In the event Tenant fails to open its store for business to the general public upon the commencement date of the term of the Lease, or fails to complete the remodeling required under Section 5.01 of the Lease within ninety (90) days following such commencement date (to the extent that this Lease represents a renewal lease for the same premises as are presently occupied by Tenant), then in addition to all other fees and charges hereunder, Tenant shall pay a fee to Landlord in accordance with the following schedule for additional coordination, administration, and other services, which fee shall be paid for each full calendar month after the commencement date, or after the expiration of such ninety suchninety (90) day period, as applicable (with periods of less than one month to be prorated), that Tenant shall have failed to failed to open its store for business, or shall have failed to complete its required remodeling as set forth above, as applicable. The payment of the foregoing fee shall not excuse Tenant from default for failure to open, or failure to remodel, as applicable, shall not preclude the exercise of default remedies by Landlord, and shall not render Landlord liable in any manner for or in connection with Xxxxxx’s construction. 1 to 500 sq. ft. 2,500.00 501 to 750 sq. ft. 3,000.00 751 to 1,500 sq. ft. 4,000.00 1,501 to 3,500 sq. ft. 5,500.00 3,501 to 6,000 sq. ft. 7,000.00 6,001 to 10,000 sq. ft. 8,000.00 10,001 sq. ft. and over 9,500.00 + 75¢/per sq. ft. in excess of 10,000 sq. ft.