Promotional Charge. At City’s option, the Promotional Charge may be increased from time to time such that the new Promotional Charge will equal: Initial Promotional Charge x Comparison Index Base Index. For purposes of the foregoing adjustment, the “Comparison Index” shall mean the Consumer Price Index published immediately prior to the adjustment date and the “Base Index” shall mean the Consumer Price Index published immediately prior to the Effective Date.
Promotional Charge. (a) Landlord shall provide or cause to be provided a program of advertising and promotional events which shall, in Landlord's judgment, serve to enhance and promote the regional development. Landlord may establish a promotional service to furnish and maintain promotion which in Landlord's judgment, will benefit the regional development. In conjunction with such service, Landlord may provide a marketing director and other personnel and equipment as reasonably required, in Landlord's opinion, to promote the regional development and Landlord shall be reimbursed for all such costs and expenses out of the promotional charges collected each year by Landlord. As Tenant's share of the cost and expense of said advertising and promotion, Tenant shall pay to Landlord an annual promotional charge in the amount set forth in the Data Sheet, subject to increases is herein provided. Said annual sum shall be payable by Tenant to Landlord in twelve (12) equal monthly installments, in advance on the first day of each calendar month without deduction or offset. Failure of Tenant to pay all amounts when due shall carry the same consequences as failure to pay rent. The annual promotional charge payable by Tenant will be adjusted commencing on the February 1 immediately succeeding the Commencement Date of this Lease, and annually thereafter, by a percentage equal to the percentage increase from the base period of the Consumer Price Index (to the respective February 1st or the closest month thereto that the Index is published (but in no event shall Tenant pay less than the minimum specified above). The term "base period" shall initially refer to the date of the grand opening of the Shopping Center (as determined by Landlord) and following the first increase hereunder shall refer to the month of January immediately preceding the lease year for which the promotional charge was last adjusted. Tenant also agrees to pay to Landlord an initial promotional charge in addition to the foregoing charge, in the amount set forth in the Data Sheet, within ten (10) days after demand therefor.
Promotional Charge. Xxxxxx agrees to pay to Landlord, as Xxxxxx’s share of the cost of Landlord’s advertising and promoting the Shopping Center, an annual promotional charge which originally shall equal the amount as shown in Section 1.01(m), which annual promotional charge shall, at Landlord’s option, be payable by Tenant in equal monthly installments at the time and in the manner set forth for rent payments in this Lease. However, such annual promotional charge payable by Tenant will be adjusted commencing January 1st immediately succeeding full execution of this Lease and annually thereafter, by a percentage equal to the percentage set forth in Section 1.01(m). All recurring charges payable under this Section 19.02 shall be due in monthly installments on the first day of each month during the term of this Lease, and all such items shall be paid without deduction or offset. the Annual Promotional Charge provided for in Section 19.02(a) hereof will be adjusted annually by an amount equal to the greater of (i) five percent (5%) of the Annual Promotional Charge for the immediately preceding calendar year, or (ii) the percentage increase in the Index (which term is defined below) during the immediately preceding calendar year. For purposes of this Lease, the term “Index” shall be the “Consumer Price Index for All Urban Consumers (1982 84 = 100), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics (the “Index”). If the Index is not published for a particular month, then the Index published for that month shall be deemed to be the Index published for the month closest, but prior, to such month. If the Index is not published by the Bureau of Labor Statistics or another governmental agency at any time during the term of this Lease, then the foregoing calculations shall be made using the most closely comparable statistics on the purchasing power of the consumer dollar as published by a responsible financial authority as selected by Landlord. Impossible Kicks/The Gardens/7/28/2023 21
Promotional Charge. 12. WAIVER; INDEMNITY; INSURANCE
Promotional Charge. An annual charge equal to $1.50 per square foot of the Floor Area of the Premises (“Promotional Charge”).
Promotional Charge. (a) Landlord shall provide or cause to be provided a program of advertising or promotional events which, in Landlord's sole judgment, will serve to promote the entertainment and retail center. Landlord shall not be obligated to expend more than is actually collected. Any promotional services and personnel so provided shall be under the exclusive control and supervision of Landlord, who shall have the sole authority to employ and discharge personnel and to establish a budget. Tenant agrees to pay to
Promotional Charge. Fifteen Thousand Forty-Three and 00/100 Dollars ($15,043.00) per annum, subject to adjustment as provided in Article 13. 1.16 Insurance Limits: Two Million and 00/100 Dollars ($2,000,000.00). (Article 14) 1.17
Promotional Charge. At Landlord's option, Tenant shall either maintain membership in a merchants' association ("Association") or participate in a promotional service ("Service") to be provided by Landlord. If Landlord has established the Service during the Term hereof, it may thereafter cause it to be abolished and establish the Association. In the alternative, if Landlord has established the Association, it may at any time during the Term cause it to be abolished and establish the Service. In either case, Tenant agrees to sign any documents necessary to accomplish such change. Tenant agrees to pay to Landlord, as Tenant's share of the Association or Service, as the case may be, an annual charge ("Promotional Charge") as set forth in Section 1.15. At Landlord's election, Landlord shall have the right to become a member of, or participant in, such Association or Service. If Landlord elects to become a member of, or participant in, such Association or Service, Landlord shall pay into such Association or Service, on a non- cumulative basis, an amount not less than twenty-five percent (25%) of all monies collected by the Association or Service from its members, excluding Landlord; provided, however, Landlord shall receive a credit against its obligation to contribute monies to the Association or Service for promotional and administrative services (including the salaries and benefits paid to any person providing services to the Association or Service, prorated based upon the percentage of time such person(s) spend providing services to the Association or Service). On each Adjustment Date, the Promotional Charge shall be increased to reflect the greater of (i) an amount equal to the sum payable for the month immediately preceding such Adjustment Date, adjusted to reflect the increases only, in the same percentage that the Index for the calendar month which is three (3) full months immediately preceding such Adjustment Date shall increase over the Index for the calendar month which is fifteen (15) full months immediately preceding such Adjustment Date, and (ii) five cents ($.05) per square foot of Floor Area in the Premises. 13.3
Promotional Charge. (e) In any event, and notwithstanding the formation of a promotion fund or Merchants' Association, Tenant agrees to participate in at least four (4) Shopping Center promotions in each lease year. Tenant shall reimburse to Landlord all costs of including Tenant in each promotion. Such promotions may consist of tabloids, circulars, catalogs, special Shopping Center newspaper inserts or sections. direct mailings, electronic media including radio and television, standard newspaper advertisements and/or any other promotions sponsored by Landlord. The media type, format and content of any such promotions, as well as the timing of any such promotions, shall be in Landlord's sole discretion. If Landlord establishes more than four (4) Shopping Center promotions in each lease year, Tenant shall be permitted to determine in which four (4) promotions it shall participate. Tenant shall be required to submit a proposed advertisement within thirty (30) days after Landlord's notice of the type of promotion being sponsored and the requirements for individual advertisements in connection with such promotion. In the event that Tenant fails to submit a proposed advertisement in accordance with such advertising requirements within the thirty (30) day period, Tenant shall be in default hereunder. All amounts payable by Tenant hereunder shall be payable within ~ days after written notice by Landlord.
Promotional Charge. Tenant agrees to pay to Landlord, as Xxxxxx’s share of the cost of Landlord’s advertising and promoting the Shopping Center, an annual promotional charge which originally shall equal the amount as shown in Section 1.01(m), which annual promotional charge shall, at Landlord’s option, be payable by Tenant in equal monthly installments at the time and in the manner set forth for rent payments in this Lease. However, the Annual Promotional Charge provided for in Section 19.02(a) hereof will be adjusted annually by an amount equal to the greater of (i) five percent (5%) of the Annual Promotional Charge for the immediately preceding calendar year, or (ii) the percentage increase in the Index (which term is defined below) during the immediately preceding calendar year. For purposes of this Lease, the term “Index” shall be the “Consumer Price Index for All Urban Consumers (1982 84 = 100), U.S. City Average, All Items”, published by the United States Department of Labor, Bureau of Labor Statistics (the “Index”). If the Index is not published for a particular month, then the Index published for that month shall be deemed to be the Index published for the month closest, but prior, to such month. If the Index is not published by the Bureau of Labor Statistics or another governmental agency at any time during the term of this Lease, then the foregoing calculations shall be made using the most closely comparable statistics on the purchasing power of the consumer dollar as published by a responsible financial authority as selected by Landlord. Landlord shall have the right, but not the obligation, to combine the Marketing Fund (and marketing activities) of Somerset Collection North with the marketing fund (and marketing activities) of Somerset South.
