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CC RES 92-043 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE AGREEMENT WITH REGARD TO CITY PROPERTY LOCATED AT 2700 HIGHWAY 88 IN THE CITY OF S
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CC RES 92-043 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE AGREEMENT WITH REGARD TO CITY PROPERTY LOCATED AT 2700 HIGHWAY 88 IN THE CITY OF S
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RES 1992
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CC RES 92-043 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE AGREEMENT WITH REGARD TO CITY PROPERTY LOCATED AT 2700 HIGHWAY 88 IN THE CITY OF S
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the partial calendar month period commencing on the 16th day of November, 1992 <br /> through and including November 30, 1992, and each succeeding calendar month (or <br /> part thereof) thereafter during the term of this Lease. <br /> 17. GROSS SALES. <br /> The term "gross sales" shall mean the selling price of all merchandise <br /> or services sold or delivered in, at, on or from any part of the Leased Premises and <br /> shall include sales and charges for cash or credit, regardless of collections in the case <br /> of the latter, but shall exclude (i) returns and refunds in fact made by Lessee, (ii) <br /> exchange of merchandise between stores or warehouses of Lessee where such <br /> exchanges are made solely for the convenient operation of Lessee's business and not <br /> for the purposes of consummating a sale which has been made at, in, on or from the ' <br /> Leased Premises, (iii) the amount of any city, county, state or federal sales, luxury or <br /> excise tax on such sales which is both added to the selling price (or absorbed therein) <br /> and paid to the taxing authority by Lessee (but not by any vendor of Lessee), (iv) the <br /> selling price of merchandise delivered to Lessee at the Leased Premises for sale to <br /> the public but not yet sold to the public, (v) bad debts provided Lessee writes such <br /> bad debts off its books, (vi) trading stamps or other premiums distributed by Lessee. <br /> A sale shall be deemed to be made in the Leased Premises if any order therefore is <br /> secured or received in the Leased Premises, whether or not such order is filled in the <br /> Leased Premised or elsewhere or if, pursuant to mail, telegraph, telephone or other <br /> • similar means, orders are receive or filled at or from the Leased Premises. If any <br /> part of Lessee's business shall be sublet, pursuant to the provisions of this Lease, by <br /> Lessee or conducted by any person, firm or corporation other than Lessee, then there <br /> shall be included in gross sales for the purpose of fixing the percentage rate payable <br /> hereunder all the gross sales of such other person in the same manner and with the <br /> same effect as if the business or sales of such other person had been conducted by <br /> Lessee itself. Lessee shall, during the term hereof, keep for a period of two years <br /> following the end of each lease, year, a permanent, complete and accurate record of <br /> all sales of merchandise or services and all revenue derived from the business <br /> conducted in the Leased Premises by Lessee and by all other persons conducting any <br /> business upon the Leased Premises. <br /> Lessee shall submit to Lessor within twenty (20) days following the end ! <br /> of each lease month a written statement in a form acceptable to Lessor signed and <br /> certified by Lessee to be a true and correct statement of the amount of gross sales <br /> during the preceding lease month and containing such other information as Lessor <br /> may reasonably request, and Lessee shall at the same time pay to Lessor the amount <br /> of percentage rent, if there be any due, as shown by said statement. <br /> Lessee will keep in an orderly manner and at a location in the <br /> Minneapolis/St. Paul metro area notice of which has been furnished to Lessor, a <br /> permanent accurate set of books and records of all purchases and sales of <br /> • -9- <br />
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