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<br />79-•~ ~ 4 53 S pm
<br />Alter- 14, Tenant, at Tenant°s cos[ and expense, may r.•ake alterations and additions
<br />ations (but shalt obtain Landlord's consent 6efere making any structural changes except
<br />by to store fronts, partitions, floors, electric, plumhint; and heating). Landlord
<br />Tenant shall co-operate in securing neccrsarv permi.t., and authority. Tenant shall not
<br />permit any mechanics' or other liens to stand ag,air,st. t::e property for work or
<br />material furnished Tenant.
<br />Assign- iS. Except as provided in Sections (a), (b) and (c) ircreaf, Tenant's interest
<br />sent under this lease shall not be assigned, nor shall the leased premises be su62et,
<br />and without the prior wrltten consent of Landlord, which Landlord agrees no[ to un-
<br />Sub- reasonably or arbitrarily withhold or refuse.
<br />let-
<br />ting (a) Tenant's interest under This lease may, at any time and frem time
<br />to time, be assigned and re-assigned, prn.•ided that any such assign.•rent or re-
<br />assignment be only to a corporation whic}: is subsidiary to or affiliated ~:ith
<br />Tenant, or to a corporation res~,I*_inc from any consolidation, reorganization or
<br />merger to which Tenant, or any of its suhsidiaries or affi?iateu, ma;' be a party
<br />and engaged in the sane business. Tenant may al:.a, at an, tiree and from time
<br />to time, sublet or license ar ;?err::it a portion .>r portions a_° the teased premises
<br />to be used for concessions, leased ar licensed departments and demonstrations
<br />is connection with and as part of the operation of Tenant's store, the cash
<br />receipts of sales therefrom to be included ir. the cash receipts of sales of
<br />Tenant as defined ir. Section (b) of `.rticle '.
<br />(b) At any ifine and fros• time to r. ic,e, Tenant m.r; sublet a portion of
<br />the leased gremises, to any person, firm or corporatioi, otter than a carp oration
<br />described in Section (a) hereof, for any lawful gurgose not in violation of any then
<br />exi3*_ing exclusive use restrictions theretofore krauted by Landlord tc any other
<br />tenant in said Shopping Center, in such case the t;a h receipts of sales of such sub-
<br />tenant (but not the sub-rentals paid by such sub-Lena..^.t ), si:all he included ir, the
<br />cash receipts of sales of Tenon[ as defined in Section (b) of :.rticie 2, landlord
<br />shall, fron Lime to time and within iJ days after request irtr., Tenant, advise Tenant
<br />of ary such exclusive use restrictions and if Landlord shall fail to de so it shill
<br />be conclusively presumed that theta are no such restrictions,
<br />{.^) At any tine and fra-t ti:ae to time, Tenant r.:a}• disecntirue the opera-
<br />tion o` its store in the leased pre^.,ises, In such et°ant, Tena:~_ na,• sublet sli
<br />or parts of the leased premises tc a m• persons, fires or corporations, other than
<br />a corporation described in Section (a} hereof, far an~• lawful purpose not in violation
<br />of any Cher, existing exclusive use restrictions tt;eretnfi•re gr::nt,-3 bi• Landicr.i to
<br />any other tenant in said Shopping renter, In such case Tenant sh:il pa} to Lar+.dlard
<br />as annual rent for the leased prea:lses for th:- re.:tainder of the term hereof, in lieu
<br />of bath the fined and ad>;iiiaaa2 percentage rents provided in Artic}e <', a fixed
<br />aetourt equa3 to tt=e fixea. and additional percenca-_?,e rents pa i•1 b_v Tenant c:uri::s the
<br />lease year i~sdia to l}• preceding such sublettis:g; sect. 4.,uL..- to 't>e payable ir, e:,ual
<br />monthly install:aents in advance on t.,e first day of each`an,i•everv month. La:~dlard
<br />si;all, from tine Io time sad within 30 dais after request iron A'enant, ad~~ise Tenant
<br />in vritins of env such exclus i:•e use restrictions anal ii La.,dlor.l si_all fail to da
<br />so it shall be conclusively presuT,,ed that there are nc such r~-:trictions,
<br />?datwi2hstanding ary assign.~rent, re-assic ;~~+ent ar sut,lettia as ab::ve provided,
<br />wALG1tEEt. iIASTI1vGS C:,?. she' i oat : r released from
<br />liabi?icy under this ;ease,
<br />£ire 16, {a) If the leased premises or the hulldint cantaininz, tl,e soma he da.,:aged
<br />ar destroyed by fire nr other casu2lty, then Landlord, iort.t,irt, and •aith due
<br />diligtnce, shall repair and restore sai3 building and premises to their candicion
<br />ir>Faedlateiy prior to such damage ar destruction; and the rents stall abate gra-
<br />portionately arcnrdin3 to the extent of such daaa,,e or destructioza, Under no
<br />oleo scstances shall Tenant be liable far any lass nr da=rage to said building or
<br />premises resulting frcxn fire nr other Casualty.
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