Common use of Payments by Tenant Clause in Contracts

Payments by Tenant. 1. Tenant shall pay Landlord all sums due Landlord for items of work performed or expenses incurred by Landlord on behalf of Tenant within ten (10) days after receipt by Tenant of a statement therefor from Landlord. Such items of work and expenses incurred include, but are not necessarily limited to, the following: a. All items called for as Tenant’s cost obligations in this Exhibit. b. In the event that the Leased Premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the public at the time of the commencement by Tenant of its construction hereunder, Tenant shall be obligated to pay to Landlord ▇▇▇▇▇▇’s pro rata share of costs and expenses incurred by Landlord in arranging for a final cleaning of and debris removal from the Common Areas and vacant premises in preparation for the grand opening of the retail development or of such expansion wing. Tenant’s pro rata share shall be computed on the basis that the square footage of the Leased Premises bears to the square footage of gross leased and occupied area in the Shopping Center (or in the expansion wing of the Shopping Center, as applicable) as of the earlier of: the date of the opening of the Shopping Center (or the expansion wing, as applicable), or the date that Tenant is notified of its pro rata share of such costs and expenses. 2. In the event Tenant fails to open its store for business to the general public upon the commencement date of the term of the Lease, or fails to complete the remodeling required under Section 5.01 of the Lease within ninety (90) days following such commencement date (to the extent that this Lease represents a renewal lease for the same premises as are presently occupied by Tenant), then in addition to all other fees and charges hereunder, Tenant shall pay a fee to Landlord in accordance with the following schedule for additional coordination, administration, and other services, which fee shall be paid for each full calendar month after the commencement date, or after the expiration of such ninety (90) day period, as applicable (with periods of less than one month to be prorated), that Tenant shall have failed to open its store for business, or shall have failed to complete its required remodeling as set forth above, as applicable. The payment of the foregoing fee shall not excuse Tenant from default for failure to open, or failure to remodel, as applicable, shall not preclude the exercise of default remedies by Landlord, and shall not render Landlord liable in any manner for or in connection with ▇▇▇▇▇▇’s construction. 1 to 500 sq. ft. 2,500.00 501 to 750 sq. ft. 3,000.00 751 to 1,500 sq. ft. 4,000.00 1,501 to 3,500 sq. ft. 5,500.00 3,501 to 6,000 sq. ft. 7,000.00 6,001 to 10,000 sq. ft. 8,000.00 10,001 sq. ft. and over 9,500.00 + 75¢/per sq. ft. in excess of 10,000 sq. ft.

Payments by Tenant. 1. Tenant shall pay Landlord all sums due Landlord for items of work performed or expenses incurred by Landlord on behalf of Tenant within ten (10) days after receipt by Tenant of a statement therefor from Landlord. Such items of work and expenses incurred include, but are not necessarily limited to, the following: a. All items called for as Tenant’s cost obligations in this Exhibit. b. In the event that the Leased Premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the public at the time of the commencement by Tenant of its construction hereunder, Tenant shall be obligated to pay to Landlord ▇▇▇▇▇▇’s pro rata share of costs and expenses incurred by Landlord in arranging for a final cleaning of and debris removal from the Common Areas and vacant premises in preparation for the grand opening of the retail development or of such expansion wing. Tenant’s pro rata share shall be computed on the basis that the square footage of the Leased Premises bears to the square footage of gross leased and occupied area in the Shopping Center (or in the expansion wing of the Shopping Center, as applicable) as of the earlier of: the date of the opening of the Shopping Center (or the expansion wing, as applicable), or the date that Tenant is notified of its pro rata share of such costs and expenses. 2. In the event Tenant fails to open its store for business to the general public upon the commencement date of the term of the Lease, or fails to complete the remodeling required under Section 5.01 of the Lease within ninety (90) days following such commencement date (to the extent that this Lease represents a renewal lease for the same premises as are presently occupied by Tenant), then in addition to all other fees and charges hereunder, Tenant shall pay a fee to Landlord in accordance with the following schedule for additional coordination, administration, and other services, which fee shall be paid for each full calendar month after the commencement date, or after the expiration of such ninety suchninety (90) day period, as applicable (with periods of less than one month to be prorated), that Tenant shall have failed to failed to open its store for business, or shall have failed to complete its required remodeling as set forth above, as applicable. The payment of the foregoing fee shall not excuse Tenant from default for failure to open, or failure to remodel, as applicable, shall not preclude the exercise of default remedies by Landlord, and shall not render Landlord liable in any manner for or in connection with ▇▇▇▇▇▇’s construction. 1 to 500 sq. ft. 2,500.00 501 to 750 sq. ft. 3,000.00 751 to 1,500 sq. ft. 4,000.00 1,501 to 3,500 sq. ft. 5,500.00 3,501 to 6,000 sq. ft. 7,000.00 6,001 to 10,000 sq. ft. 8,000.00 10,001 sq. ft. and over 9,500.00 + 75¢/per sq. ft. in excess of 10,000 sq. ft.