Common use of Radio City Events/Rockettes Clause in Contracts

Radio City Events/Rockettes. (a) During (i) calendar year 1999 there shall be no less than (A) ***** actual performances staged on the main stage at the Music Hall (“Actual Performances”) and (B) ***** Theater Use Days (as hereinafter defined) per annum, (ii) calendar year 2000 there shall be no less than (X) ***** Actual Performances staged on the main stage at the Music Hall and (Y) ***** Theater Use Days per annum and (iii) each calendar year of the Term thereafter, there shall be no less than (1) ***** Actual Performances staged on the main stage at the Music Hall and (2) ***** Theater Use Days. A “Theater Use Day” shall mean ***** If during any calendar year of the Term commencing with calendar year 1999, there shall be less than ***** Actual Performances and the number of Theater Use Days required under this Section 39.10, then Landlord shall calculate the annual average of Actual Performances and Theater Use Days for the immediately preceding 3-calendar year period (or such lesser period as shall commence on January 1, 1999) and, if either such average shall fail to meet the requirements for the required number of Actual Performances and Theater Use Days set forth above (a “Performance Failure”), then the first such Performance Failure shall result in Tenant being obligated to pay to Landlord as Additional Rent the sum of ***** within 10 days after written demand therefor by Landlord, the second such Performance Failure shall result in Tenant being obligated to pay to Landlord as Additional Rent the sum of ***** within 10 days after written demand therefor by Landlord and any Performance Failure thereafter shall constitute a default under this Lease which shall not be subject to cure. (b) In the event the “Radio City Christmas Spectacular” (which shall mean the Christmas holiday musical show traditionally performed at the Music Hall or any other Christmas holiday show or production similar thereto) or the Rockettes shall be presented or perform, as applicable, (i) in the Restricted Area (as defined below), then 100% of the revenues derived from any such event(s) shall be included in the “Gross Revenues” of Tenant for the Computation Year during which such event(s) occurred or (ii) in the Christmas Show Expanded Restricted Area (as defined below) or the Rockettes Expanded Restricted Area (as defined below), as applicable, then 50% of the revenues derived from such event(s) shall be included in the “Gross Revenues” of Tenant for the Computation Year during which such event(s) occurred. (i) For purposes of this Section 39.10, the “Restricted Area” shall mean the 75-mile radius surrounding the Music Hall. (ii) For purposes of this Section 39.10, the “Christmas Show Expanded Restricted Area” shall include the District of Columbia and the following states: New York, New Jersey, Connecticut, Pennsylvania, Delaware, Maryland, Rhode Island, Massachusetts, Vermont, New Hampshire and Maine. (iii) For purposes of this Section 39.10, the “Rockettes Expanded Restricted Area” shall mean the 200-mile radius surrounding the Music Hall. The “Rockettes Expanded Restricted Area” shall not be applicable to a single event-specific guest appearances by the Rockettes, such as an appearance at the Macy’s Thanksgiving Day Parade.

Radio City Events/Rockettes. (a) During (i) calendar year 1999 there shall be no less than (A) [***** *] actual performances staged on the main stage at the Music Hall (“Actual Performances”) and (B) [***** *] Theater Use Days (as hereinafter defined) per annum, (ii) calendar year 2000 there shall be no less than (X) [***** *] Actual Performances staged on the main stage at the Music Hall and (Y) [***** *] Theater Use Days per annum and (iii) each calendar year of the Term thereafter, there shall be no less than (1) [***** *] Actual Performances staged on the main stage at the Music Hall and (2) [***** *] Theater Use Days. A “Theater Use Day” shall mean [***** *] If during any calendar year of the Term commencing with calendar year 1999, there shall be less than [***** *] Actual Performances and the number of Theater Use Days required under this Section 39.10, then Landlord shall calculate the annual average of Actual Performances and Theater Use Days for the immediately preceding 3-calendar year period (or such lesser period as shall commence on January 1, 1999) and, if either such average shall fail to meet the requirements for the required number of Actual Performances and Theater Use Days set forth above (a “Performance Failure”), then the first such Performance Failure shall result in Tenant being obligated to pay to Landlord as Additional Rent the sum of [***** *] within 10 days after written demand therefor by Landlord, the second such Performance Failure shall result in Tenant being obligated to pay to Landlord as Additional Rent the sum of [***** *] within 10 days after written demand therefor by Landlord and any Performance Failure thereafter shall constitute a default under this Lease which shall not be subject to cure. (b) In the event the “Radio City Christmas Spectacular” (which shall mean the Christmas holiday musical show traditionally performed at the Music Hall or any other Christmas holiday show or production similar thereto) or the Rockettes shall be presented or perform, as applicable, (i) in the Restricted Area (as defined below), then 100% of the revenues derived from any such event(s) shall be included in the “Gross Revenues” of Tenant for the Computation Year during which such event(s) occurred or (ii) in the Christmas Show Expanded Restricted Area (as defined below) or the Rockettes Expanded Restricted Area (as defined below), as applicable, then 50% of the revenues derived from such event(s) shall be included in the “Gross Revenues” of Tenant for the Computation Year during which such event(s) occurred. (i) For purposes of this Section 39.10, the “Restricted Area” shall mean the 75-mile radius surrounding the Music Hall. (ii) For purposes of this Section 39.10, the “Christmas Show Expanded Restricted Area” shall include the District of Columbia and the following states: New York, New Jersey, Connecticut, Pennsylvania, Delaware, Maryland, Rhode Island, Massachusetts, Vermont, New Hampshire and Maine. (iii) For purposes of this Section 39.10, the “Rockettes Expanded Restricted Area” shall mean the 200-mile radius surrounding the Music Hall. The “Rockettes Expanded Restricted Area” shall not be applicable to a single event-specific guest appearances by the Rockettes, such as an appearance at the Macy’s Thanksgiving Day Parade.