Radius. During the term of this Lease, in the event Tenant, its parent corporation or subsidiary corporation, or its franchisor or franchisee, or its licensor or licensee, or any person, firm, corporation or other entity who or which controls or is controlled by Tenant, or by any person, firm, corporation or other entity which directly or indirectly controls or is controlled by Tenant, shall, directly or indirectly, either individually or as a partner or stockholder or otherwise, own, operate or become financially interested in any business similar to or in competition with the business of Tenant described in Section 7.01 within the radius area from the Leased Premises which is set forth in Section 7.03 of the Data Sheet, then the Gross Sales (as defined in this Lease) of any such business or businesses within said radius shall be included in the Gross Sales made from the Leased Premises and the percentage rent hereunder shall be computed upon the aggregate of the Gross Sales made from the Leased Premises and by any such other business or businesses then conducted within said radius and Tenant shall report and maintain records of such sales in the manner provided in Article III hereof. This Section 7.03 shall not apply to any such business or businesses open and being operated by Tenant within said radius as of the date of this Lease as long as such business or businesses shall continue to be operated in the same location(s) existing as of said date. If Tenant fails to make payments required pursuant to this Section 7.03, Landlord or Landlord’s authorized representative or agent shall have the right at all reasonable times during the term hereof and for a period of at least four (4)two (2) years after the expiration of the term of this Lease, to inspect, audit, copy and/or make extracts of the books, source documents, records and accounts pertaining to such other business or businesses conducted within said radius, in accordance with the provisions of Article IV hereof, for the purpose of determining or verifying the additional rents due to Landlord pursuant to this Section. Moreover, in the event Tenant fails to supply to Landlord sales records with respect to any such similar or competing business, Landlord shall have the right to estimate the sales for such businesses based upon Tenant’s Gross Sales in the Leased Premises, and the additional percentage rent generated from the inclusion of such estimated sales and Tenant’s Gross Sales shall be deemed additional ...
Radius. Pipes are a leading global pipe manufacturer, they are one of our project collaboration partners, we will give them the finished CIPPS sensors, they will then embed them within the pipes to make the finished product.
Radius. Each party may assign this Agreement without the consent of the other parties to an Affiliate or in connection with any merger, acquisition, or sale a majority of such party’s voting stock or a sale of substantially all such party’s assets; provided, further, that in each instance the assignee expressly assumes all obligations imposed on the assigning party by this Agreement in writing and each of the other parties is notified in advance of such assignment. Any purported assignment in violation of this Section 11.3 shall be null and void.
Radius may terminate without cause this Agreement upon sixty (60) days written notice to 3M. Upon receiving notice of Radius’s intent to terminate, 3M shall make commercially reasonable efforts to stop all activities under any Workplan as soon as practicable.
Radius. 64 Tenant acknowledges that sales from a store owned by it or a related entity as described herein 65 within a two (2) mile radius may reduce the Gross Sales that might otherwise be made from the Premises. 66 If such a business is operated, the specific effect on Gross Sales may be difficult or impossible to 1 establish with certainty. Therefore, in order to provide Owner and Landlord with a fair and adequate 2 rental for the Premises, in the event that during the Term hereof Tenant or any person, firm, corporation 3 or other entity who or which controls or is controlled by Tenant, or by any person, firm, corporation or 4 other entity who or which controls Tenant, shall directly, either individually or as a partner or stockholder 5 or otherwise, own, operate or become financially interested in any business similar to or in competition 6 with the business of Tenant described in the Data Sheet, within a radius of two (2) miles from the 0 Xxxx/Xxxxx Development, then the Gross Sales of any such business or businesses within said area shall be 8 included in the Gross Sales made from the Premises and the Percentage Rental hereunder shall be 9 computed upon the aggregate of the Gross Sales made from the Premises and by any such other business 10 or businesses then conducted within said area. Tenant shall be obligated to provide Landlord with a 11 statement of Tenant's Gross Sales for all such other businesses operated within such area, in accordance 12 with the provisions of Article III and Landlord shall have a right to examine the books and to audit such 13 other businesses in a manner as set forth in Article IV of this Lease.
Radius. Neither Tenant nor any person, partnership, corporation or other entity in which Tenant has a financial interest or who or which has a financial interest in Tenant (other than stock of Tenant if such stock is publically traded) shall, at any time after the Effective Date, directly or indirectly, either individually, as a partner, stockholder (other than stock held in a public company) or otherwise, own, operate or otherwise become financially interested in any business (including departments and concessions in other stores) similar to or competing with the business operating in the Premises (“Competing Interest”) within the Radius. This Section 10.4 shall not apply to any Competing Interest in a business it is operating within the Radius on the Effective Date so long as it continually operates (except for temporary closings for remodeling, a casualty or condemnation) and continues to operate in the same manner. If Tenant violates the provisions of this Section 10.4, then Landlord, in its sole discretion and without limiting Landlord’s remedies under this Lease, at law or in equity, may (a) declare such violation to be an incurable default under this Lease and terminate this Lease and/or (b) include the gross sales made from any such business(es) within the Radius in the Gross Sales under this Lease for so long as there continues to be a violation of this Section 10.4. If Landlord elects to include the gross sales from such other business in the Gross Sales pursuant to (b) preceding, then all gross sales and Tenant’s records from such business shall be subject to the provisions of Article 7 and Landlord’s audit rights under Section 27.3.
Radius. Pursuant to Section I(D) of the Operating Agreement, the radius shall be a distance of _____ miles. ATTACHMENT B TO OPERATING AGREEMENT
Radius. Ten (10) miles (Section 7.05)
