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<br />T}[E TEiL~15, COVG?1:1NTS AivD CO\DITIONS OF SAID LE'L"fI?~G :1RF. AS FOI,I,04dS;
<br />p;,:
<br />Sent 2, Tenant shall pay as rent for the leased premises, as follows;
<br />{a} A fired rent of $4,4-`;0.00~~ :*r ~aonth, ce:~~;encin~ either on
<br />the date Tenant opens its store for business in the leased premises, or as pro-
<br />vided in Ar[i.cle 6, •»hichever is the earlier; said rent to 6e payable on the first
<br />day of each and every :aonth in advance and to he properly apportioned for any
<br />portal less than a full calendar ;acnth;
<br />{b) Zf a su;a equal to - -
<br />^~ 7, of the cash receipts of sales, as he reinbelow defined,
<br />ip to and inclining 5~,131,2~0
<br />plus ?°; of a:ch cash receipts of sales in excess of ~2,191,~U0
<br />r,.ade by Tenant in the operation of •"enant's store on the leased premises in any
<br />lease }'ear, as defined in S often {a) of Article 3, shall e*:ceed the total fixed
<br />n~_r,thly rents under Section`(a) .,e re of fur such le..s;e }'ear, then and ir, catch
<br />event, and vitltin ~0 days ._f ter the end of such lease year, Tenant shall pa}• [o
<br />Landlord the amour[ of sorb excess as additional rent, tiithin ~i' days after [he
<br />erd of each lease year, Tenant shall furnish to La<dlord a statea;ent of the total
<br />amoant of such cash receipts of sales for such lease year. The aforesaid a:~aunt
<br />of $2,131,2D0
<br />shah '~ proportionately adjusted in the case of the first and last lease years if
<br />more or Tess than a fill t„elve calendar tenths,
<br />Tk:e ter^ "cash receipts of sales" as used ?.e re in shall be taken attd construed
<br />to ^ean the total araunt ~^f all .~ceipts fra:n sales of dru;;s, food, drit:rts, goods,
<br />wares and ;rercl:a::dise of every sort ::hatsocver, {less returns a^.d ref,n:ds}, ;a de by
<br />?onant in _k:e opt=.ation of Te..a.:t's st,:~re on the lea_zd preises ~.:-:eptir.g and ex-
<br />cluding zeceipts fr,a sales of cigarettes, and stall, ixcept as to -_~arettes, also
<br />include receipts from sales by any carcessionaire therein, and charbes or fees re-
<br />ceived far all services rendered therein. Cash receipts of sales shall rat include
<br />receipts and ca^•~missions from tl:e operation of telephor,.^s and public wei7;hing scales
<br />therein, nar inter-corparate and ..ter-store _ ales or it nsfirs, nor sales of
<br />gos~~rr_~nt bonds savings sta:,p.s an3 of?:er ;;ol•cre:!-,ent se.urities, postage sta€aps
<br />and ready sta=+ped postcards and en:~ekapes, nor sales a+_- ~,eGercL:~ent lottery tickets,
<br />nor sales at a discount to e.aplayees. Cash receipts of sales shall also not include
<br />sales at a .itsc;;unL to doctors ;ientis[s, t.,spitals, nurses, drug ;t:,res or ;:holesale
<br />drug or supply causes. Tenant~slaa3l else have the ribht to deduct and exclude frog
<br />sash cash receipts of sales a sea cyual to any appro>_i::-tte .::•;nt,r,ts -.:?:i:h r..ay be paid
<br />by Tenant ar x:tich Tenant r:ay add to or include in its seltin„ .:rites of variaus
<br />articles Dy reason of ~~:.* gales taxes, ,:se taxes, retai7ors' .~~a.}ration taxes,
<br />excise tares at the retail level and the like, new or l~ereaftar ir~:f.ased and ho.ever
<br />entitled, and ~,~hich are based span the a-cants of sales ar .he units of :ales,
<br />?enant shalt cause to be kept, in accordance with its c~:ste:~ary ac.-ou:tting
<br />procedure, records of the rash receipts of sales made by Tenant in the operation
<br />of 7enanL's store on the leased premises. Landlord and Landlord's duty authorized
<br />regresen[atire, at reasonable tie`s during business hours, shall have access to
<br />such records at the plate where the same are kegt, far the purpose of inspecting and
<br />auditing the same, provided tkaat any such inspection and audit he r;.7de by Landlord
<br />within six r:onihs alter the es:piratian of tiny least }ear, If l,audlord does not object
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