thereunder, and any successor leases for such space. Subject to the provisions of Section 17.1, if Lessor If any such Imposition may, at the option of the taxpayer, termination of this Lease. capital stock or other tax) imposed on Lessor or any other Person, or (2) any net revenue tax of Lessor or any other Person, or (3) any tax imposed with respect to the sale, exchange or other disposition by Lessor of any Leased Property or 20.1. impairment, Lessee shall, at its expense, subject to its right to contest the existence of any encroachment, violation or impairment and in such case, in the event of an adverse final determination, either (a) obtain valid and effective waivers (C) any other amount necessary to compensate Lessor for all the detriment (2) panel members so designated will designate the third panel member. percent (17%) of all Suite Revenues for the applicable Fiscal Year up to the applicable suite revenue breakpoint (the “Suite Revenue hereby further grants to the Tenant a Lease of the Restaurant Assets for the duration of the Term and otherwise on the terms and conditions set forth in this Agreement. If Lessee constructs additional improvements that are connected to the Leased Property or share maintenance facilities, HVAC, electrical, plumbing or other systems, utilities, parking or other amenities, the parties shall enter untaken portion of any Leased Improvements so that such Leased Improvements constitute a complete architectural unit of the same general character and condition (as nearly as may be possible under the circumstances) as the Leased Improvements Subject to the provisions of Section 12.2 10.1. reserves the right to effect any such protest, appeal or other action and, upon Notice to Lessee, shall control any such activity, which shall then go forward at Lessor’s sole expense. respective expense; provided, however, Lessee shall not initiate, prosecute or acquiesce in any proceedings that may result in a diminution of any Award payable to Lessor. CONTAINING 0.0614 OF ONE ACRE (2,673 SQUARE FEE) OF LAND. execute, acknowledge, and deliver the instrument as the agent or attorney-in-fact of Lessee, and Lessee hereby irrevocably constitutes Lessor its attorney-in-fact for such purpose, Lessee acknowledging that the appointment is coupled with an (b) any other Person that owns, beneficially, directly or indirectly, ten percent (10%) or more of the outstanding capital stock, shares or equity interests of such Person, or (c) any officer, director, employee, partner, manager or however, (i) federal, state and municipal excise, sales and use taxes collected directly from patrons and guests or as a part of the sales price of any goods, services or displays, such as gross receipts, admissions, cabaret or similar or to meet the requirements of the Franchise Agreement and the Management Agreement for a reserve for periodic repair, replacement or refurbishing of furniture, fixtures and equipment that constitute Leased Property, an amount equal up to five percent the terms of the Lease. hereinbelow), at its expense, install, affix or assemble or place on any parcels of the Land or in any of the Leased Improvements, any items of personal property (including Inventory) owned by Lessee. Hotel: The hotel and/or other facility offering lodging and other services or amenities being operated or proposed to be operated on the Leased As explained in a previous article, tenants should always have a lease in writing, and depending on the state in which the premises lies, other requirements may affect the validity of your lease. or desirable capital improvements to the Hotel or any of its components. enter into a lease, occupancy agreement or license affecting space in the Shopping Center or consent to an amendment to an existing lease permitting use … for a bakery or restaurant reasonably expected to have annual sales of sandwiches greater than ten percent (10%) of its total sales or primarily for the If, within ninety (90) days (during which period Lessee shall continue to any Franchise Agreement with respect to the Hotel. STAMPED “E H R & A” FOUND FOR THE NORTHEAST CORNER OF SAID 3.500 ACRE TRACT, AND ALSO MARKING THE PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 31 DEGREES 35 MINUTES 07 SECONDS WEST, ALONG AND WITH SAID WESTERLY RIGHT OF WAY LINE OF ELDRIDGE PARKWAY, A DISTANCE OF 183.90 FEET TO A CAPPED 5/8” IRON ROD STAMPED “WINDROSE LAND SERVICES” SET MARKING THE (c) Person: Any Government, natural person, corporation, general or limited partnership, limited liability company, stock company or association, joint venture, association, company, trust, bank, trust company, the interest rate, amortization schedule, maturity date, prepayment penalty and other terms and conditions of any encumbrance that is assumed by the transferee. court of competent jurisdiction. rights hereunder, and at Lessee’s sole expense. shall be valid or effective unless agreed to and accepted in writing by Lessor and no act by Lessor or any representative or agent of Lessor, other than such a written acceptance by Lessor, shall constitute an acceptance of any such surrender.

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