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the rate of One Thousand Two Hundred Fifty Dollars ($1250) per month.
<br /> If Tenant intends discontinuing the use of the entire
<br /> demised premises in its business, Tenant shall give Landlord not less than
<br /> six (6) months written notice of Tenant's intention so to do and shall at th=
<br /> same time notify Landlord of any prospective sub-tenants which Tenant may
<br /> have to take over-said premises. Landlord shall have the right to cancel th=
<br /> remaining term of this lease in such event by giving written notice to
<br /> Tenant, provided that Landlord exercises such option to cancel within three
<br /> (3) months after notice from Tenant of Tenant's determination to discontinue
<br /> the use of said demised premises, and in the event that Landlord shall
<br /> exercise such option to cancel, this lease shall beterminated and rendered
<br /> null and void as of the date on which Tenant vacates the demised premises,
<br /> and both parties hereto shallibe released and relieved from and of all
<br /> obligations thereafter to accrue hereunder.
<br /> (1) If Landlord shall fail to exercise such option to cancel,
<br /> as outlined in the preceding paragraph, and if Tenant discontinues the use of
<br /> the entire demised premises in its business and vacates the entire demised
<br /> premises, Tenant shall thereafter pay to Landlord, as rental for said demise. ,
<br /> premises for the remainder of the term hereof (in lieu of the rental
<br /> hereinbefore specified in sub-paragraphs (a) and (k) of this clause
<br /> captioned "RENTAL"), the following, to wit:
<br /> (m) An amount each month until the end of the term of this
<br /> lease equal to the average of the amounts actually received each month by the
<br /> Landlord under the foregoing provision for rentals during the period between
<br /> the beginning of the term of the lease and the time when the Tenant ceases
<br /> to use the demised premises in its business. The said monthly rental
<br /> payments shall be made on the first (1st) day of each month in advance
<br /> during the remainder of said term and shall not be less than at the rate of
<br /> One Thousand Two Hundred Fifty Dollars ($1250) per month.
<br /> (n) Anything hereinbefore contained to the contrary
<br /> notwithstanding, it is expressly understood and agreed:
<br /> (1.) That at any time during the term of this lease,
<br /> Tenant may lease departments, or grant concessions, giving other persons,
<br /> firms or corporations the right to sell goods, wares, merchandise and
<br /> service in the demised premises upon the condition that the net retail sales
<br /> made by any such concessionaire or department lessee shall be included for
<br /> the purpose of determining the rental payable by Tenant hereunder on the sam=
<br /> basis as if such sales were made by the Tenant, and that the leasing of
<br /> departments, or the granting of concessions, shall not be considered a
<br /> subletting within the provisions of this lease, and
<br /> (2.) That at any time during the term of this lease,
<br /> Tenant may sublet the demised premises, or assign this lease, to any
<br /> corporation which may take over the business of Tenant in the State in which
<br /> the demised premises are located, or to any corporation which may, as the
<br /> result of a reorganization, merger or consolidation, succeed to the business
<br /> now carried on by the Tenant in the State in which the demised premises are
<br /> located, or to any subsidiary corporation of Tenant, and that the occupancy
<br /> of the demised premises by any such subtenant or assignee which continues to
<br /> operate a business on the demised premises substantially similar in
<br /> character to that conducted by the Tenant herein named shall be considered
<br /> to be the continued occupancy of the demised premises by the Tenant herein
<br /> named, and the rental payable by any such subtenant or assignee shall be the
<br /> same as if the Tenant herein named had itself continued to occupy the
<br /> premises. If Tenant does so sublet the demised premises, or assign this
<br /> lease, the Tenant, nevertheless, shall remain at all times directly and
<br /> primarily liable to Landlord hereunder, provided, however, that J. C. Penney
<br /> Company, the Tenant herein named, shall be released and relieved from
<br /> further liability hereunder if such sublease or assignment is to a •
<br /> corporation which acquires all ,of the assets of Tenant, and which, by
<br /> written instrument, duly executed and acknowledged and delivered to
<br /> Landlord, assumes and covenants and agrees with Landlord to pay the.rent to
<br /> be paid by,Tenant hereunder, and to carry out and perform all the terms,
<br /> covenants and conditions of this lease which, by the terms hereof, are to be
<br /> carried out and performed by Tenant.
<br /> (0) Until it receives other instructions in writing from
<br /> Landlord, Tenant.shall pay all -rentals under-this lease by check payable to
<br /> the order of WEST THIRD DEVELOPMENT COMPANY, and addressed to West Third
<br /> Development Company, First National Bank Building, Grand Island,- Nebraska.
<br /> 4.
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