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• <br /> the 10th day of each month, through its Manager on the demised premises, a <br /> statement showing the net retail sales for the preceding month. The Tenant ' <br /> further covenants and agrees to furnish the Landlord with a statement verified <br /> by one of the officers of Tenant Company as soon as possible after the <br /> termination of each lease year, which statement shall show the total net <br /> retail sales made by the Tenant on the demised premises for the preceding <br /> lease year. Should there be a discrepancy between the amount actually paid as <br /> rental during said lease year and the amount of two and three-quarters percent <br /> (2-3/.4%) of the total net retail sales shown on the annual statement, the <br /> annual statement shall be taken as final and correct, the difference, if any, <br /> to be adjusted when said annual statement igtendered, subject, however, to <br /> Landlord's right to examine and audit Tenant's records of sales as mentioned <br /> in the paragraph next following. <br /> (d) The Landlord shall have the right each year to examine and <br /> audit Tenant's records of sales made upon or from the demised premises, but <br /> only for the.purpose of ascertaining the amount of the net sales made upon or <br /> from the demised premises during the preceding lease year. Such records of <br /> sales shal]ibe made available by Tenant to Landlord in Grand Island, Nebraska. <br /> Said audit or examination shall not be made more often than once in each year, <br /> and shall be made on behalf of Landlord by a Certified Public Accountant to be <br /> selected by Landlord; if Landlord wishes to audit Tenant's records for any <br /> lease year, Landlord shall notify Tenant, and proceed with such audit within <br /> six (6) months after the end of the lease year in question. Should the <br /> Landlord fail to exercise the right to audit the records of Tenant within six <br /> (6) months after the end of any lease year, then and in that event Landlord <br /> shall have no further right to audit or inspect the records of Tenant for such <br /> lease year. Any such audit or examination by the Landlord shall be at <br /> Landlord's own expense. <br /> (e) The term "net retail sales" as used in this lease,shall be <br /> interpreted to mean the aggregate of all moneys received by Tenant from sales <br /> of goods, wares, merchandise and service to the public made upon the demised <br /> premises, after deducting all refunds and allowances made to customers by <br /> Tenant in connection with merchandise sold by or returned to Tenant, and after <br /> deducting the amount of any sales tax, license or occupational tax, or any <br /> other tax measured by the sales or receipts from sales made by the Tenant. <br /> (f) The return or transfer of merchandise from one store to <br /> another or to any of Tenant's warehouses shall not be construed as retail <br /> sales, nor shall any sum be paid to Landlord on such merchandise returned or <br /> transferred. <br /> (g) This agreement shall not be construed as giving Landlord <br /> any partnership or other interests in said Tenant's business. <br /> (h) It is understood and agreed by the Landlord that there has <br /> been no representation of any kind whatsoever made by the Tenant as to <br /> minimum or maximum amount of net retail sales which may or shall be made in <br /> said demised premises any month or year or at anytime during the term of this <br /> lease or any renewal or extension thereof. <br /> (i) The Landlord agrees not to divulge to any person or persons <br /> • firm or corporation, the amount of retail sales made by Tenant in said leased <br /> premises. <br /> Assigning and (j) It is further stipulated and agreed that Tenant shall have <br /> Subletting the right, subject to the provisions hereinafter set forth, to discontinue thel <br /> use of the demised premises or any part thereof in its business, and shall <br /> have the further right to assign this lease or sublet the demised premises or <br /> any part thereof at any time during the term hereof. <br /> (k) If Tenant shall sublet a portion of the demised premises, <br /> Tenant shall pay over to Landlord the rentals received under such sublease <br /> , : : J.yE��] except, however, that any expense incurred by Tenant in connection with such <br /> 6., 1 V t <br /> I' subletting, such as alterations to the premiss�, attorneys_ fees, real estate <br /> commissions, etc., shall first be deducted by Tenant. rrom suchi subrentais,,,, and <br /> /1 the balance shall be paid over to Landlord. In the event that Tenant shall 107 <br /> By sublet more than twenty-five percent (25°%) of the floor area of the building, <br /> the rental payable by Tenant to Landlord thereafter, including the subrental <br /> to be paid over to Landlord, shall not be less than an amount equal to the <br /> average of the amounts actually received each month by the Landlord under the <br /> foregoing provision for rentals during the period between the beginning of the <br /> term of the lease and the time when the Tenant puts such subtenant in <br /> possession; it being further agreed that such rental shall not be less than at <br /> 3. <br /> { <br />