Common use of Radius Restriction Clause in Contracts

Radius Restriction. 6.5.1 Except as expressly provided in Paragraph 6.5.2 below, during the Term, neither Tenant nor Tenant's management, or any person or entity controlled by Tenant or controlling Tenant (including, without limitation, the New York Restaurant Group, Inc.), or controlled by the same person or entity or persons or entities who control Tenant (individually and collectively, the "Tenant Affiliate"), shall own, operate or maintain, or have any significant affiliation, investment or interest, directly or indirectly, through or with any other person, partnership, corporation, agent or employee in any similar or competing business as that being operated at the Premises, within a radius of five (5) miles from the Premises (which distance shall be measured in a straight line without reference to road mileage) (the "Restricted Area"). Tenant acknowledges that Landlord's obtaining a fair and equitable rental for the Premises under this Lease is dependent upon Tenant's concentrating its business efforts within the geographical area in which the Premises are located so as to maximize the Gross Receipts, and Tenant further acknowledges that any activity by Tenant within such geographical area in operating or participating in the operation of a similar or competing business shall necessarily have an adverse effect on the volume of Gross Receipts by Tenant at the Premises to the detriment of Landlord and will deprive Landlord of the fair rental to which the parties have agreed. Accordingly, in the event that during the Term there is a breach of the covenant set forth in the first sentence of this Paragraph 6.5, then the Gross Receipts of any such other place of business shall be included in the Gross Receipts made from the Premises to determine the Percentage Rent due under this Lease, as fully as though such Gross Receipts had actually been made from the Premises. In such event, all of the provisions of this Paragraph 6 shall be applicable to the Gross Receipts of, and all the books and records pertaining to, such competing restaurants. 6.5.2 Notwithstanding anything to the contrary in Paragraph 6.5.1 above, a Tenant Affiliate shall have the right to open and operate an Existing Restaurant Concept (as defined below) of Guarantor, other than a ▇▇▇▇▇ & Wollensky steakhouse, grill or similar concept or any other restaurant with a theme that has been introduced into the Premises (collectively, the "S & W Concept") in the Restricted Area. The term "Existing Restaurant Concept" shall mean any of the following restaurant concepts operated by Guarantor or its affiliates as of the date of this Lease: The Manhattan Ocean Club, Cite, ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, and Park Avenue Cafe, but expressly excluding the S & W Concept). Neither Tenant nor any Tenant Affiliate shall open or operate any S & W Concept in the Restricted Area (other than at the Premises) during the Term.