AgdaPkt 2009-06-22 clsd and jnt - Laserfiche WebLink

Browse Search

6.1 C Page 9 3.8 Gross Sales. The term "Gross Sales" as used in this Agreement means al[ gross receipts of every kind and nature from sales and services frorn all business conducted by Lessee on, in, at or from the Premises, whefiher upon credit vr for cash, exc�pting from ary rebates or refunds to customers and the amount of ali sales or excise tax receipts collected from customers and paid by �essee to any gouernment agency. Sa{es upon credifi shall be included in the Gross Sales for the period in which the merchandise is delivered or service rendered to the customer, regardless of when payment is made. 4. SECUR�TY DEPQS[T 4.1 Lessee sna�l deposit with the Lessor upon execution hereof a security deposit in the amount of �i,�6G,G0 as security for the Lessee's f�ithfu� performance af Lessee's obligation hereunder. The deposit shal( not be used for the final monfh's rent. 1f �essee fails to pay rent or o#her charges due hereunder, or otherwise defaul±s with respect to any provision of tnis Agreement, �essor may use, appfy or�retain a31 or any portion of said deposit for the payment of any fees or other charge in default or for the payment of any other sum to which �.essor may be enfitled by reason of Lessee's de�ault, or to compensate Lessor for any loss or damage which I.essor may suffer thereby. If Lessar so uses or applies a�! or any portion of said deposit, Lessee shail within ten (10) days of receiving wri�ten demand from LESSOr d�pasit cash wi#h Lessor in ar� amaunt suffcient to restore said deposit to the full amount hereinabove stated and �essee's faifure to do so shall be a materia! breach of this Agreement. Lessor shald not be required to keep said deposit separate from its general accounts. If�essee pe�forms a[f of 1.essee's obligatians hereunder, said deposi#, or so much thereof as has not theretofore been app�ied by �essor, shall be returned, without payment vf interest or o�her increment for its use, to Lessee ar to the �ast assignee, if any, of �essee's inferes# hereunder at the expiration of the Lease term hereof, and after Lessee has vacated the Premises. fn the even# of bankruptcy or other debtor-creditor proceedings agains# Lessee, such Security Deposit shafl be deemed to be applied first to the payment of Rent, Additional Rent and other sums due Lessor for all periods prior to the fi�ing of such proceedings. 5. RE�ERVED 6. COM�ItI�N AREA MA[NTENANCE (CAIVI} CH�4RGES 6.'� During the lease term and any subsequent renewal term of this fease, Lessee shail enfier into a License Agreement for �he common area services to be pro�ided by the City. Failure to make CAM payments under the License Agreement shall const�tute a default under this Lease Agreement. 6.2 The L.essor shall provide and maintain ser�ices to the Leas� Area including the rovf, pavil�on exterior and foundations, window frame ma�nfienance, exterior common area electricaE �ighting facilities, struc#ural portions of the pavilion, and rain-gutters, ffashings and downspouts. Lessor will also maintain sidewalk and maintenartce repair, sidewalk sweeping, painting and decorating, fandscaping, ATTY/AGR/20D9.024 lnitiafs Page 5 061609