|
from time to time, without prejudice to any other remedy provided herein or provided by law, apply all or
<br /> any portion of the Security Deposit to any arrears of rent or other payments due Landlord hereunder,and any
<br /> other damage,injury,expense or liability caused by such event of default without waiving such default;and
<br /> Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to
<br /> its original amount.Notwithstanding any contrary provision herein,any remaining balance of the Security
<br /> Deposit shall.be returned by Landlord to Tenant upon the expiration of the Lease Term and Tenant shall
<br /> thereafter have no obligation to pay or maintain the Security Deposit. In the event the Property is conveyed
<br /> by Landlord and Landlord delivers the Security Deposit to Landlord's grantee,Landlord shall have no further
<br /> liability to Tenant with respect to the Security Deposit and its application or return.
<br /> 6. Use. The Premises shall be used solely for the retail sale of goods and services as identified
<br /> on the Data Sheet. Tenant shall comply with all governmental laws,ordinances and regulations applicable
<br /> to the use of the Premises, and shall promptly comply with all governmental orders and directives for the
<br /> correction, prevention and abatement of any nuisance in, upon, or connected with, the Premises, all at
<br /> Tenant's sole expense; provided, Tenant shall have no obligations to make capital improvements to the
<br /> Premises in order to achieve compliance with laws to the extent that the laws apply to retail space generally,
<br /> and not just to Tenant's peculiar use.Tenant shall conduct its business in the Premises under the trade name
<br /> designated in the Data Sheet. Tenant shall not permit any objectionable odors, smoke, dust, gas, noise, or
<br /> vibrations to emanate from the Premises, nor take any other action that may constitute a nuisance or may
<br /> disturb or endanger any other tenants of the Building or neighboring buildings,or unreasonably interfere with
<br /> any other tenant's use of its premises.Tenant shall not permit the Premises to be used for any purpose or in
<br /> any manner, including,without limitation,the storage or parking of automobiles or trailers,nor any method
<br /> of storage that would render the insurance on the Building or the Property void or the insured risks more
<br /> hazardous. If any increase in-the fire and extended coverage,insurance premiums paid by Landlord for the
<br /> • Property is caused by Tenant's use and occupancy of the Premises, then Tenant shall pay to Landlord as
<br /> additional rent the amount of such increase.
<br /> 7. Operating Costs. Commencing as of the Commencement Date on the Data Sheet Tenant
<br /> shall pay to Landlord, as additional rent,Tenant's Proport ionate Share of Operating Costs. As used in this
<br /> Lease,the term"Operating Costs"shall mean any and all expenses,costs and disbursements of any kind and
<br /> nature whatsoever incurred by Landlord in connection with the management, maintenance, operation and
<br /> repair of the Building or the Property or any improvements situated on the Property, and other expenses
<br /> • relating to the common maintenance,operation and repair of the Total Site that may.reasonably be allocated
<br /> to the Property, including, without limitation, the costs of maintaining and repairing easements, property
<br /> management fees,including expenses reimbursable to any manager,maintenance salaries,fringe benefits and
<br /> related costs,which for persons also working on properties other than the Property shall be allocated on an
<br /> equitable basis based on the relative time spent working on the Property, and which management fees and
<br /> expenses shall not be in excess of management fees and expenses generally payable in the market to
<br /> experienced and reputable property managers for substantially the same type, level and quality of services;
<br /> the cost of insurance coverages obtained by Landlord,heating and air conditioning costs for Common Areas
<br /> (if any), electricity and other utility costs, the costs of routine repairs and maintenance for the Building,
<br /> landscape maintenance, snow removal,taxes(as defined in Paragraph 7(e) hereof)and costs and expenses
<br /> incurred by Landlord in protesting any assessments,levies or the Taxes which Landlord shall pay or become
<br /> obligated to pay in respect of a calendar year(regardless of when such Operating Costs were incurred) and
<br /> depreciation or amortization of the cost of capital improvements that(A)are made to reduce Operating Costs
<br /> or limit increases therein, (B) are required by Landlord's insurance carrier subsequent to the date of this
<br /> Lease, (C)consist of parking lot striping or overpayments, or the replacement of roof flashings, or(D)are
<br /> • required subsequent to the date of this Lease by any applicable law, rule, regulation or order of any
<br /> 7
<br />
|