Common use of Radius Clause in Contracts

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 rent to be paid by Tenant in accordance with the provisions of Section 2.02 and 2.06 of this Lease.

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 of this LeaseTerm, in the event Tenant, its parent corporation or subsidiary corporation, or its franchisor or franchisee, or its licensor or licensee, or any person, firm, firm or 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, Tenant (an "Affiliate") shall directly or indirectly, either individually or as a partner or stockholder or otherwise, own, operate operate, or become financially interested in any business similar to or in competition with the business of Tenant described in Section 7.01 Article IV ("competing business"), which business is conducted within the radius area from the Leased Premises which Area (as said term is set forth in Section 7.03 of the Data Sheetherein defined), then the Gross Sales (as said term is defined in this Lease) of any such competing business or businesses within said radius Area shall be included in the Tenant's Gross Sales made from the Leased Premises and the percentage rent Percentage Rent hereunder shall be computed upon the aggregate of the Tenant's Gross Sales made from the Leased Premises and by any made from each such other competing business or businesses then conducted within said radius 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 report and maintain records be obligated to include the applicable portion of the Gross Sales of such sales competing business with the Gross Sales of the Leased Premises and to pay Percentage Rent thereon in accordance with the manner provided in Article III hereofterms 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 Section 7.03 4.8 shall not apply to any such competing business or businesses which is open and is being operated by Tenant within said radius as of Area on the date of this Lease as long as such business Effective Date or businesses shall continue to be other stores 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 rent to be paid by Tenant in accordance with within the provisions of Section 2.02 and 2.06 of this LeaseShopping Center.

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 a radius area often (10) miles from the Leased Premises which is set forth in Section 7.03 of the Data Sheetleased 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 leased premises and the percentage rent hereunder shall be computed upon the aggregate of the Gross Sales made from the Leased Premises 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. said~ If Tenant fails to make payments required pursuant to this Section 7.03, Landlord or Landlord’s '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 (24) 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 sii~iilar or competing business, Landlord shall have the right to estimate the sales for such businesses based upon Tenant’s 's Gross Sales in the Leased Premisesleased premises, and the additional percentage rent generated from the inclusion of such estimated sales and Tenant’s 's Gross Sales shall be deemed additional rent to be paid by Tenant in accordance with the provisions of Section 2.02 and 2.06 of this Lease.

Radius. During From and after the date of this Lease and continuing throughout 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, Tenant or any person, firm, form or corporation or other entity who or which controls controls, is under common control with, 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, Tenant shall directly or indirectly, either individually or as a partner or stockholder or otherwise, own, operate operate, or become financially interested in any similar or competing business similar to or in competition with the business within a radius of Tenant described in Section 7.01 within the radius area _________ miles from the Leased Premises which is set forth in Section 7.03 of Shopping Center (the Data Sheet"Area"), then the Gross Sales (as defined in this Lease) of any such business or businesses within said radius Area shall be included in the Tenant's Gross Sales made from the Leased Premises lease premises and the percentage rent Percentage Rent hereunder shall be computed upon the aggregate of the Tenant's Gross Sales made from the Leased Premises 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 hereofArea. This Section 7.03 7.04 shall not apply to any such business or businesses business which are open and are being operated by Tenant within said radius as of Area on the date of full execution 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. Lease, If Tenant fails to make made payments required pursuant to this Section 7.037.04, Landlord or Landlord’s 's authorized representative or agent shall have the right at all reasonable times during the term hereof and for a period of at a least four (4)two (2) years after the expiration of the term tem of this Lease, to inspect, audit, copy and/or make extracts extract 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 's Gross Sales in the Leased Premisesleased premises, and the additional percentage rent Percentage Rent generated from the inclusion of such estimated sales and Tenant’s tenant's Gross Sales shall be deemed additional rent to be paid by Tenant in accordance with the provisions of Section 2.02 and 2.06 of this Lease.. SEE ATTACHED RIDER FOR INSERTS

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 7.1 within the a radius area of miles from the Leased Premises which is set forth in Section 7.03 of the Data Sheetleased 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 leased premises and the percentage rent hereunder shall be computed upon the aggregate of the Gross Sales made from the Leased Premises 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 7.3 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 7.037.3, Landlord or Landlord’s '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 (24) 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 's Gross Sales in the Leased Premisesleased premises, and the additional percentage rent generated from the inclusion of such estimated sales and Tenant’s 's Gross Sales shall be deemed additional rent to be paid by Tenant in accordance with the provisions of Section 2.02 Sections 2.2 and 2.06 2.6 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 7.01 within the a radius area of ten (10) miles from the Leased Premises which is set forth in Section 7.03 of the Data Sheetleased 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 leased premises and the percentage rent hereunder shall be computed upon the aggregate of the Gross Sales made from the Leased Premises 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 '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 three (4)two (23) 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 's Gross Sales in the Leased Premisesleased premises, and the additional percentage rent generated from the inclusion of such estimated sales and Tenant’s 's Gross Sales shall be deemed additional rent to be paid by Tenant in accordance with the provisions of Section 2.02 and 2.06 of this Lease.