Common use of Other Operations Clause in Contracts

Other Operations. If during the Lease Term Tenant directly or indirectly operates, manages or has any interest whatsoever in any other store or business operated for a purpose or business similar to or in competition with all or part of the business permitted under Section 1.1 hereof within five (5) miles of any boundary line of the Center (the “Radius Area”), it will injure Landlord’s ability and right to receive Percentage Rent (such ability and right being a major consideration for this Lease and the construction of the Center). Further, Tenant acknowledges that the provisions of this Section 8.7 are a material inducement and consideration for Landlord’s agreement to enter into this Lease. The parties further acknowledge that ▇▇▇▇▇▇▇▇ has agreed to enter into this Lease under the terms contained herein upon the representation by Tenant that this will be Tenant’s sole store within the Radius Area, and that the remedies in this Lease were bargained for consideration in exchange for such representation. Accordingly, if Tenant operates, manages or has such interest in any such store or business within such area (a “Radius Violation”), then, at Landlord’s option, either (i) Tenant’s Effective Rent (as defined below) shall be automatically increased by fifty percent (50%) calculated on a per diem basis for so long as the Radius Violation continues, such increase representing liquidated damages and not a penalty or (ii) one hundred percent (100%) of all sales made from any such other store or business shall be included in the computation of Gross Sales and Adjusted Gross Sales for the purpose of determining Percentage Rent under this Lease as though said Gross Sales and Adjusted Gross Sales had actually been made at, in or from the Premises. “Effective Rent” shall be Tenant’s Minimum Annual Rent plus the highest Percentage Rent payable under the Lease by Tenant during the three (3) Lease Years immediately preceding the Radius Violation. Landlord shall have all rights of inspection of books and records with respect to such stores or businesses as it has with respect to the Premises; and Tenant shall furnish to Landlord such reports with respect to Gross Sales and Adjusted Gross Sales from such other store or business as it is herein required to furnish with respect to the Premises.

Other Operations. If during the Lease Term Tenant directly or indirectly operates, manages or has any interest whatsoever in any other store or business operated under the same trade name as the Premises for a purpose or business similar to or in competition with all or any part of the business permitted under Section 1.1 hereof within five (5) miles of any boundary line I of the Center (Basic Lease Provisions within the “Radius Area”)radius set forth in Section U of the Basic Lease Provisions, it will injure Landlord’s 's ability and right to receive Percentage Rent (such ability and right being a major consideration for this Lease and the construction of the CenterLease). Further, Tenant acknowledges that the provisions of this Section 8.7 are a material inducement and consideration for Landlord’s agreement to enter into this Lease. The parties further acknowledge that ▇▇▇▇▇▇▇▇ has agreed to enter into this Lease under the terms contained herein upon the representation by Tenant that this will be Tenant’s sole store within the Radius Area, and that the remedies in this Lease were bargained for consideration in exchange for such representation. Accordingly, if Tenant operates, manages or has such interest in any such store or business within such area radius, one hundred percent (a “Radius Violation”), then, at Landlord’s option, either (i100%) Tenant’s Effective Rent (as defined below) of all Gross Sales made from any such other store or business shall be automatically increased by fifty percent (50%) calculated on a per diem basis included in the computation of Gross Sales for so long the purpose of determining Percentage Rent under this Lease as though said Gross Sales had actually been made at, in or from the Radius Violation continues, Premises. Landlord shall have all rights of inspection of books and records with respect to such increase representing liquidated damages and not a penalty store or (ii) business as it has with respect to the Premises. The inclusion of one hundred percent (100%) of all sales made from any such other store or business shall be included in the computation of Gross Sales and Adjusted Gross Sales for the purpose of determining Percentage Rent under this Lease is intended as though said Gross Sales a reasonable estimate and Adjusted Gross Sales had actually been made atliquidation of Landlord's damages because of Tenant's breach of the above stated radius restriction and as a settlement of the actual damages that might arise because of such breach. The parties agree that these damages are reasonable, in or from the Premises. “Effective Rent” shall be Tenant’s Minimum Annual Rent plus the highest Percentage Rent payable under the Lease by Tenant during the three (3) Lease Years immediately preceding the Radius Violation. Landlord shall have all rights of inspection of books and records with respect to such stores or businesses as it has with respect bear significant relation to the Premises; actual damages that Landlord might sustain, which damages Tenant and Tenant shall furnish Landlord agree would be uncertain and difficult to Landlord such reports with respect to Gross Sales prove, and Adjusted Gross Sales is not a penalty for Tenant's breach. The inclusion of the sales made from such other store in the computation of Gross Sales for the purpose of determining Percentage Rent under this Lease shall not be deemed permission for Tenant to continue to breach the radius restriction set forth above, and shall not preclude Landlord from seeking any other remedy (other than money damages) for such violation including, without limitation, specific performance or business termination of this Lease or Tenant's right to possession as it described in Article XVIII, which Landlord may pursue at any time while the breach of the radius restriction continues. For purposes of this Section 8.5, the term Tenant shall include Tenant, the Guarantor, that being The New York Restaurant Group, L.L.C., and all of their respective successors and assigns. The obligations of the Guarantor are contained in the Lease Guarantee, a copy of which is herein required to furnish with respect to the Premises.attached hereto as Exhibit L.

Other Operations. If during the Lease Term Tenant Tenant, or any affiliate of Tenant, directly or indirectly operates, manages or has any interest whatsoever in any other factory, discount or manufacturer’s outlet store or business operated for a purpose or business similar to or in competition with all or part of the business permitted under Section 1.1 hereof within five ten (510) air miles of any boundary line of the Center (the “Radius Area”)Center, it will injure Landlord’s ability and right to receive Percentage Rent (such ability and right being a major consideration for this Lease and the construction of the Center). Further, Tenant acknowledges that the provisions of this Section 8.7 are a material inducement and consideration for Landlord’s agreement to enter into this Lease. The parties further acknowledge that ▇▇▇▇▇▇▇▇ has agreed to enter into this Lease under the terms contained herein upon the representation by Tenant that this will be Tenant’s sole store within the Radius Area, and that the remedies in this Lease were bargained for consideration in exchange for such representation. Accordingly, if Tenant or its affiliates operates, manages or has such interest in any such store or business within such area (a “Radius Violation”), then, at Landlord’s option, either (i) Tenant’s Effective Rent (as defined below) shall be automatically increased by fifty percent (50%) calculated on a per diem basis for so long as the Radius Violation continues, such increase representing liquidated damages and not a penalty or (ii) one hundred percent (100%) of all sales made from any such other store or business shall be included in the computation of Gross Sales and Adjusted Gross Sales for the purpose of determining Percentage Rent under this Lease as though said Gross Sales and Adjusted Gross Sales had actually been made at, in or from the Premises. “Effective Rent” shall be Tenant’s Minimum Annual Rent plus the highest Percentage Rent payable under the Lease by Tenant during the three (3) Lease Years immediately preceding the Radius Violation. Landlord shall have all rights of inspection of books and records with respect to such stores or businesses as it has with respect to the Premises; and Tenant shall furnish to Landlord such reports with respect to Gross Sales and Adjusted Gross Sales from such other store or business as it is herein required to furnish with respect to the Premises. Notwithstanding anything herein to the contrary, the trade radius restriction shall not apply to Tenant’s stores currently in existence within the trade radius at the time of the execution of this Lease.

Other Operations. If during the Lease Term Tenant Tenant, or any affiliate of Tenant, directly or indirectly operates, manages or has any interest whatsoever in any other factory, discount or manufacturer’s outlet store or business operated for a purpose or business similar to or in competition with all or part of the business permitted under Section 1.1 hereof within five (5) miles of any boundary line of the following: (1) Thirty-nine (39) air miles, measured in any direction from the boundaries of the parcel on which the Center is situated, excluding those portions of Bronx County other than Community Districts 8 or 12 in the Bronx, which Community Districts are included within the geographic scope of the radius; and (the “Radius Area”)2) Manhattan, it will injure Landlord’s ability and right to receive Percentage Rent (such ability and right being a major consideration for this Lease and the construction of the Center). Further, Tenant acknowledges that the provisions of this Section 8.7 are a material inducement and consideration for Landlord’s agreement to enter into this Lease. The parties further acknowledge that ▇▇▇▇▇▇▇▇ has agreed to enter into this Lease under the terms contained herein upon the representation by Tenant that this will be Tenant’s sole store within the Radius Area, and that the remedies in this Lease were bargained for consideration in exchange for such representation. Accordingly, if Tenant or its affiliates operates, manages or has such interest in any such store or business within such area (a “Radius Violation”), then, at Landlord’s option, either (i) Tenant’s Effective Rent (as defined below) shall be automatically increased by fifty percent (50%) calculated on a per diem basis for so long as the Radius Violation continues, such increase representing liquidated damages and not a penalty or (ii) one hundred percent (100%) of all sales made from any such other store or business shall be included in the computation of Gross Sales and Adjusted Gross Sales for the purpose of determining Percentage Rent under this Lease as though said Gross Sales and Adjusted Gross Sales had actually been made at, in or from the Premises. “Effective Rent” shall be Tenant’s Minimum Annual Rent plus the highest Percentage Rent payable under the Lease by Tenant during the three (3) Lease Years immediately preceding the Radius Violation. Landlord shall have all rights of inspection of books and records with respect to such stores or businesses as it has with respect to the Premises; and Tenant shall furnish to Landlord such reports with respect to Gross Sales and Adjusted Gross Sales from such other store or business as it is herein required to furnish with respect to the Premises. Notwithstanding anything herein to the contrary, the trade radius restriction shall not apply to Tenant’s stores currently in existence within the trade radius at the time of the execution of this Lease.

Other Operations. If during the Lease Term Tenant Tenant, or any affiliate of Tenant, directly or indirectly operates, manages or has any interest whatsoever in any other factory, discount or manufacturer’s outlet store or business operated for a purpose or business similar to or in competition with all or part of the business permitted under Section 1.1 hereof within five thirty (530) air miles of any boundary line of the Center (the “Radius Area”)Center, it will injure Landlord’s ability and right to receive Percentage Rent (such ability and right being a major consideration for this Lease and the construction of the Center). Further, Tenant acknowledges that the provisions of this Section 8.7 are a material inducement and consideration for Landlord’s agreement to enter into this Lease. The parties further acknowledge that ▇▇▇▇▇▇▇▇ has agreed to enter into this Lease under the terms contained herein upon the representation by Tenant that this will be Tenant’s sole store within the Radius Area, and that the remedies in this Lease were bargained for consideration in exchange for such representation. Accordingly, if Tenant or its affiliates operates, manages or has such interest in any such store or business within such area (a “Radius Violation”), then, at Landlord’s option, either (i) Tenant’s Effective Rent (as defined below) shall be automatically increased by fifty percent (50%) calculated on a per diem basis for so long as the Radius Violation continues, such increase representing liquidated damages and not a penalty or (ii) one hundred percent (100%) of all sales made from any such other store or business shall be included in the computation of Gross Sales and Adjusted Gross Sales for the purpose of determining Percentage Rent under this Lease as though said Gross Sales and Adjusted Gross Sales had actually been made at, in or from the Premises. “Effective Rent” shall be Tenant’s Minimum Annual Rent plus the highest Percentage Rent payable under the Lease by Tenant during the three (3) Lease Years immediately preceding the Radius Violation. Landlord shall have all rights of inspection of books and records with respect to such stores or businesses as it has with respect to the Premises; and Tenant shall furnish to Landlord such reports with respect to Gross Sales and Adjusted Gross Sales from such other store or business as it is herein required to furnish with respect to the Premises. Notwithstanding anything herein to the contrary, the trade radius restriction shall not apply to Tenant’s stores currently in existence within the trade radius at the time of the execution of this Lease.