Common use of TRASH REMOVAL CHARGE Clause in Contracts

TRASH REMOVAL CHARGE. 2 (a) Tenant, at Tenant's expense, shall at all times keep the Premises (including, without 3 limitation, the service areas adjacent to the Premises, display windows and signs) orderly, neat, safe, clean 4 and free from rubbish and dirt. Tenant shall dispose of all trash (wet or dry) on a daily basis in such 5 receptacles as may be designated by Landlord for such disposal, and until Tenant disposes of such trash, 6 Tenant shall store the trash and other solid waste within the Premises or in such areas as may be 7 designated by Landlord for such storage. Tenant shall not burn any trash or garbage at any time in or 8 about the Park/Plaza Development. 10 (b) Solid waste disposal contractors designated by Landlord shall remove trash from said 11 receptacles at such intervals as Landlord may determine, in Landlord’s sole discretion. The Data Sheet 12 will set forth whether the Tenant will initially pay (i) the “Trash Removal Charge” as set forth on the Data 13 Sheet, or (ii) directly to the solid waste disposal contractor designated by Landlord. Landlord shall have 14 the right to change the method of payment at any time during the Term by providing Tenant thirty (30) 15 days’ prior written notice. 17 (c) In the event Landlord elects that Tenant pay a Trash Removal Charge, Tenant shall be 18 solely responsible for and shall promptly pay, as Additional Rent hereunder, a sum reasonably determined 19 by Landlord as the “Trash Removal Charge” for each lease year during the Term in equal consecutive 20 monthly installments in advance on or before the first day of each month, without prior demand or notice. 21 Such Trash Removal Charge payable by Tenant shall be adjusted annually commencing on the 1st day of 22 January immediately following the date Landlord elects that Tenant pay the Trash Removal Charge and 24 to the respective January or the closest subsequent month thereto that the Index is published; provided, 25 however, in no event shall Tenant pay less than the Trash Removal Charge payable for the preceding 26 year. 28 If Landlord elects that Tenant pay the solid waste disposal contractors directly, then 29 Landlord shall instruct such contractor to bill its charges directly to Tenant, and Tenant shall pay such 30 charges directly to the contractor, and no separate Trash Removal Charge shall be payable hereunder. 32 At any time during the Term, Landlord may, upon thirty (30) days’ prior written notice to 33 Tenant, discontinue furnishing trash removal services to the Premises without thereby affecting this Lease 34 in any manner or otherwise incurring any liability to Tenant except that Landlord will no longer be 35 required to furnish trash removal services to the Premises. If Landlord does not provide such services and 36 if Xxxxxxxx has elected not to retain a third party to provide such services, Tenant shall arrange for the 37 regular pickup of all trash, garbage and other solid waste with a contractor and upon terms approved in 38 writing by Xxxxxxxx, such approval not to be unreasonably withheld. 39

TRASH REMOVAL CHARGE. 2 (a) Tenant, at Tenant's ’s expense, shall at all times keep the Premises (including, without 3 limitation, the service areas adjacent to the Premises, display windows and signs) orderly, neat, safe, clean 4 and free from rubbish and dirt. Tenant shall dispose of all trash (wet or dry) on a daily basis in such 5 receptacles as may be designated by Landlord for such disposaldirect, and until Tenant disposes of such trash, 6 Tenant shall store the all trash and other solid waste within the Premises or in such areas as may be 7 designated from time to time by Landlord for such storage. Tenant shall not burn any trash or garbage at any time in or 8 about Landlord may direct the Park/Plaza Development. 10 (b) Solid use of solid waste disposal contractors designated by Landlord shall remove trash from said 11 receptacles at such intervals as Landlord may determine, in Landlord’s sole discretionrequire. The Data Sheet 12 will set forth whether the Tenant will initially pay (i) the “Trash Removal Charge” as set forth on the Data 13 Sheet, or (ii) directly to the solid waste disposal contractor designated by Landlord. Landlord shall have 14 the right to change the method of payment at any time during the Term by providing Tenant thirty (30) 15 days’ prior written notice. 17 (c) In the event Landlord elects that Tenant pay a Trash Removal Charge, Tenant shall be 18 solely responsible for and shall promptly paypay all fees and charges for trash removal required to properly service the Premises irrespective of whether such charges are initially paid in advance by Landlord, or otherwise. Landlord, at its sole option, may elect to furnish any or all services required for trash removal from the Premises, the cost of which will be, at Landlord’s election and upon notice to Tenant, paid as Additional Rent hereunderto Landlord (which payment shall include a fifteen percent (15%) administrative fee to Landlord), a sum reasonably determined 19 by Landlord as the “Trash Removal Charge” for each lease year calendar month during the Lease Term based upon Landlord’s allocation thereof amongst Mall Site tenants determined in equal consecutive 20 monthly installments in advance on or before the first day of each month, without prior demand or noticeits sole and absolute discretion. 21 Such Trash Removal Charge payable by Tenant shall be adjusted annually commencing on the 1st day of 22 January immediately following the date Landlord elects that Tenant pay the Trash Removal Charge and 24 to the respective January or the closest subsequent month thereto that the Index is published; provided, 25 however, in no event shall Tenant pay less than the Trash Removal Charge payable for the preceding 26 year. 28 If Landlord elects that Tenant pay the solid waste disposal contractors directly, then 29 Landlord shall instruct such contractor to bill its charges directly to Tenant, and Tenant shall pay such 30 charges directly to the contractor, and no separate Trash Removal Charge shall be payable hereunder. 32 At any time during the TermTerm hereof, Landlord may, upon thirty (30) days’ prior written notice to 33 Tenant, discontinue furnishing trash removal services to the Premises without thereby affecting this Lease 34 in any manner or otherwise incurring any liability to Tenant except that Landlord will no longer be 35 required to furnish trash removal services to the Premises. If Landlord does not provide such services and 36 if Xxxxxxxx has elected not to retain a third party to provide such services, Tenant shall arrange for the 37 regular pickup of all trash, garbage and other solid waste with a contractor and upon terms approved in 38 writing by Xxxxxxxx, such approval not to be unreasonably withheld. 39waste.

TRASH REMOVAL CHARGE. 2 (a) Tenant, ; at Tenant's expense, shall at all times keep the Premises (including, without 3 limitation, the service areas adjacent to the Premises, display windows and signs) orderly, neat, safe, clean 4 and free from rubbish and dirt. Tenant shall dispose of all trash (wet or dry) on a daily basis in such 5 receptacles as may be designated by Landlord for such disposal, and until Tenant disposes of such trash, 6 Tenant shall store the all trash and other solid waste within the Premises or in such areas as may be 7 designated by Landlord for such storage. Tenant shall not burn any trash or garbage at any time in or 8 about the Park/Plaza Development. 10 (b) Solid Landlord may direct the use of solid waste disposal contractors designated by Landlord shall remove trash from said 11 receptacles at such intervals as Landlord may determine, in Landlord’s sole discretionrequire. The Data Sheet 12 will set forth whether the Tenant will initially pay (i) the “Trash Removal Charge” as set forth on the Data 13 Sheet, or (ii) directly to the solid waste disposal contractor designated by Landlord. Landlord shall have 14 the right to change the method of payment at any time during the Term by providing Tenant thirty (30) 15 days’ prior written notice. 17 (c) In the event Landlord elects that Tenant pay a Trash Removal Charge, Tenant shall be 18 solely responsible for and shall promptly paypay in a manner and at the place provided in this Lease, all fees and charges for trash removal required to properly service the Premises irrespective of whether such charges are initially paid in advance by Landlord, or otherwise. Landlord, at its sole option, may elect to furnish any or all services required for trash removal from the Premises, the cost of which will be, at Landlord's election, either paid as Additional Rent hereunderto Landlord (which payment shall include a fifteen percent (15%) administrative fee to Landlord), a sum reasonably determined 19 by Landlord as the “Trash Removal Charge” for each lease year calendar month during the Term of this Lease in equal consecutive 20 monthly installments the manner specified in advance on Section 2.01 for the payment of Minimum Annual Rental, based upon Landlord's allocation thereof amongst Shopping Center occupants determined in its sole and absolute discretion, or before the first day of each month, without prior demand or notice. 21 Such Trash Removal Charge payable (ii) included in Operating Costs and Expenses paid by Tenant shall be adjusted annually commencing on the 1st day of 22 January immediately following the date Landlord elects that Tenant pay the Trash Removal Charge and 24 pursuant to the respective January or the closest subsequent month thereto that the Index is published; provided, 25 however, in no event shall Tenant pay less than the Trash Removal Charge payable for the preceding 26 yearthis Lease. 28 If Landlord elects that Tenant pay the solid waste disposal contractors directly, then 29 Landlord shall instruct such contractor to bill its charges directly to Tenant, and Tenant shall pay such 30 charges directly to the contractor, and no separate Trash Removal Charge shall be payable hereunder. 32 At any time during the TermTerm hereof, Landlord may, upon thirty (30) days’ ' prior written notice to 33 Tenant, discontinue furnishing trash removal services to the Premises without thereby affecting this Lease 34 in any manner or otherwise incurring any liability to Tenant except that Landlord will no longer be 35 required to furnish trash removal services to the Premises. If Landlord does not provide such services and 36 if Xxxxxxxx has elected not to retain a third party to provide such services, Tenant shall arrange for the 37 regular pickup of all trash, garbage and other solid waste with a contractor and upon terms approved in 38 writing by Xxxxxxxx, such approval not to be unreasonably withheld. 39waste.