CC PACKET 06271995 - Laserfiche WebLink

Home Browse Search

• Within 30 days after the end of each month of any Year during the Term, Owner shall deliver to Operator a written statement, certified by Owner, setting forth the amount of ON-mer's Gross Sales for the preceding month. Owner shall maintain and preserve, or cause to be maintained and preserved at the principal office of Owner in accordance with generally accepted accounting practices for the type of business conducted by Owner on the Premises, full, complete, accurate and detailed books, records and accounts of its daily Gross Sales derived from the business operation conducted on the Premises. Owner shall preserve all such books, records and accounts, including any sales checks, cash register records, excise tax reports, state sales tax reports (with information necessary to isolate sales from the Premises), daily and weekly cash receipts and disbursement journals, general journals, ledgers, financial registers or other books of original entry, records of transfers and payment between any other facilities owned or operated by Owner, reconciled bank statements and monthly financial statements, for two years after the end of the Year covered thereby. Operator or its agents may inspect any and all records in Owner's possession which relate to Gross Sales from the Premises at any time during normal business hours and normal working days. Such examination shall be conducted in a manner which will not interfere unreasonably with the business conducted at Owner's office. 5. DUTIES AND RESPONSIBILITIES OF OPERATOR. During the Term, Operator shall have the following duties and responsibilities: 5.01 Operation and Management of Food Service. Operator shall operate and manage the Food,Service for the preparation and service of food, including service of coffee, tea and milk, in a businesslike, first-class and efficient manner, at such times and with such menus, concepts (including names) and prices as are approved by Owner, all after consulting with Operator. Operator agrees to use its best efforts in the operation and management of the Food Service and to comply with reasonable requests by Owner from time to time regarding Food Service operations. Operator agrees to operate the Food Service in the Premises at all times during the Term of this Agreement on all days Owner's bar in the Premises is open for business unless prevented from doing so by fire, accident, acts of God or other acts beyond Operator's control, excluding financial causes, and Operator agrees to continuously operate the restaurant on said days for no less than the hours between (a) 10:00 A.M. and 10:00 P.M. on Mondays through Fridays, and (b) 4:00 P.M. and 10:00 P.M. on Saturdays, all with normal table service, using at all times a sufficient number of adequately-training personnel for efficient service. Operator agrees to conduct the Food Service in a first-class manner, consistent with normal restaurant standards and practices. Operator agrees that all Beverages will be served from Owner's bar and that all revenues.relating to that sale of such Beverages will belong to Owner. • Operator agrees that no cigarettes will be sold by Operator. -3-