See Rider. Tenant agrees: (a) that except as hereinafter provided, this Lease is, and all of Tenant's rights hereunder are and shall always be, subject and subordinate to any first mortgage, ground lease pursuant to which Landlord has derived its interest in the Shopping Center, installment sales agreement or other instrument of encumbrance heretofore or hereafter placed upon any or all of the estate of the Landlord or Landlord's lessor(s) in the Shopping Center and all renewals, replacements, consolidations, amendments and extensions thereof (collectively called "Mortgage") and to all advances made or to be made thereunder and to the interest thereon; and (b) that, in the event Landlord's interest under the Mortgage shall terminate for any reason, and if the holder of any such Mortgage (hereinafter called the "Mortgagee"), the grantee of a deed in lieu of foreclosure, or if the purchaser at any foreclosure sale or at any sale under a power of sale contained in any Mortgage shall at its sole option so request, Tenant will attorn to and recognize such Mortgagee, grantee or purchaser, as the case may be, as Landlord under this Lease for the balance then remaining of the Term, subject to all terms and conditions of this
See Rider. (b) Tenant shall not suffer or permit the Premises or any portion thereof to be used by the public without restriction of in such manner as might reasonably tend to impair Landlord's title to the premises or in such manner as might reasonably make possible claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the premises or any portion thereof.
See Rider. Tenant shall pay to Landlord a guaranteed annual minimum rent ("Fixed Minimum Rent") for of the following periods during the Term as follows: TIME PERIQD ANNUAL MONTHLY RATE PER AMOUNT AMOUNT SQUARE FOOT Lease Years 1-5 $20,520.00 $1,710.00 $45.00 Lease Years 6-10 $22,800-00 $1,900.00 $50.00 Each such installment of Fixed Minimum Rent shall be due and payable on or before the first day of each calendar month in the Original Term, in advance, at the office of Agent or at such place as may be designated by Landlord from time to time, without any prior demand therefor and without any deduction or setoff whatsoever, the first installment to be paid on the Commencement Date whether or not the Commencement Date is the first day of a calendar month. In the event that the Commencement Date of the Term shall be a day other than the first day of a calendar month, Tenant's first payment of Fixed Minimum Rent shall be prorated for the fractional month between the Commencement Date and the first day of the first full calendar month in the Term, on a per them basis (calculated on a thirty (30) day month). Landlord may accept any payment by Tenant of a lesser amount than shall be due from Tenant without prejudice to any rights or remedies which Landlord may have against Tenant. Any endorsement or statement on any check accepted by Landlord, or any statement in correspondence accompanying such check, that acceptance of such lesser amount is payment in full, shall be given no effect. All rent shall be paid in United States currency and shall, if other than cash, be drawn on a United States bank.
See Rider. In addition to the Fixed Minimum Rent as aforesaid, Tenant, in accordance with Section 2.1 of the Lease, shall pay to Landlord, as Additional Rent (defined herein) hereunder ("Percentage Rent"), and as part of the consideration of the aforesaid demise, for each Lease Year (defined herein) in the Original Term a sum equal to Eight percent (8%) of that portion of Gross Sales (as defined in Section 2.2 of the Lease) during each Lease Year which is in excess of the applicable Percentage Rent Gross Sales Base. The Percentage Rent Gross Sales Base for the following periods within each Lease Year shall be: TIME PERIOD PERCENTAGER.ENT GROSS SALE BASE Lease Years 1-5 $342,000.00 Lease Years 6-10 $380,000.00
See Rider. ATTACHED ------------------
See Rider. 18. Law and arbitration (state 24.2 of Cl. 24, as agreed; if 24.3. agreed also state place of arbitration) (If Box 18 not filled in 24.1 shall apply) (Cl. 24)
See Rider. For purposes of this Section, the phrase “to Seller’s knowledge” shall mean the actual knowledge of the managing member of Seller without any special investigation. The representations and warranties made by Seller in this contract shall be deemed restated and shall be true and accurate on the Closing Date.
See Rider. 3.2 If the Part 2 Agreement is not executed, the Owner shall not use the drawings, specifications, and other documents and electronic data furnished by the Design/Builder without the written permission of the Design/Builder. Drawings, specifications, and other documents and electronic data shall not be used by the Owner or others on other projects, except by agreement in writing and with appropriate compensation to the Design/Builder, unless the Design/ Builder is adjudged to be in default under this Part 1 Agreement or under any other subsequently executed agreement, or by agreement in writing.
See Rider. Prior to the termination of the services of the Architect or any other design professional designated in this Part 1 Agreement, the Design/Builder shall identify to the Owner in writing another architect or design professional with respect to whom the Owner has no reasonable objection, who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated.
See Rider. 1.1.2 The term "
