Radius. The jurisdiction of the non-compete shall be for ____ miles from _________________ City of _________________ State of _________________ (“Non-Compete Jurisdiction”).
Radius. Tenant acknowledges that the Retail Development draws it customers from a large geographic area, relying in part on regional and international tourism, and that the success of the Retail Development and income of the Landlord therefrom are dependent upon maximum customer traffic within the Retail Development. In addition, Tenant acknowledges that Landlord is relying on the generation of Percentage Rent from Tenant=s Gross Sales at the Leased Premises. During the Term, in the event Tenant, or any person, firm or corporation who or which controls or is controlled by Tenant (an "Affiliate") 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 Article IV ("competing business"), which business is conducted within the Area (as said term is herein defined), then the Gross Sales (as said term is defined in this Lease) of any such competing business within said Area shall be included in Tenant's Gross Sales made from the Leased Premises and the Percentage Rent hereunder shall be computed upon the aggregate of Tenant's Gross Sales made from the Leased Premises and made from each such competing business then conducted within said Area. Tenant shall be obligated to provide Landlord with full and complete Gross Sales information and reports with respect to any competing business within the Area in accordance with the requirements of Article II of this Lease and Tenant shall be obligated to include the applicable portion of the Gross Sales of such competing business with the Gross Sales of the Leased Premises and to pay Percentage Rent thereon in accordance with the terms of this Lease. The "Area" shall be defined as the area falling within a radius of fifteen (15) miles for outlet stores only measured from the outside boundary of the Retail Development. This
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
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. 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 7.1 within a radius of miles from the leased premises, 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
Radius. Pursuant to Section I(D) of the Operating Agreement, the radius shall be a distance of _____ miles. ATTACHMENT B TO OPERATING AGREEMENT
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.
