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base rate amiounced kom -time to time by ;dank of America or its successor; ii the highest 16 ful rate of
<br /> interest permitted.at the time in The Commonwealth of Massachusetts, from the due date until paid. Totant
<br /> shall pay the Rent without abatement,deduction,or setoff. The Minimum,dent enable by Tenant hereundet is
<br /> Intended to be "triple ner' to Landlord, meaning that Tenant shall pay as Additional Rent all expenses
<br /> associated with the mainte4iance, ownership and operation of the Premises, except only as other rise expressly
<br /> provided herein td the eontrai)y, yielding to Landlord the MinitnUm Rent hereunder in its entirety, not of such
<br /> expenses. As used in this Lease,the term"Tenaw.tt's P'ro-rata.Share"means the percentage o tain .by dividing
<br /> the square footage of the Premises by the leaseable square footage of the retail space in the Shopping Center.
<br /> eetion .2. 'aercen ry +c„Rent. The Percentage Rent shall be payable in arrears on or before
<br /> the tenth 10 day of the month after which Grass Sales exceed the breakpoint as outlined.in Section 1.above.
<br /> The Term "+dross Sales"means the entire amount of-the sales price,Whether for cash or otherwise,of all sales
<br /> of merchandise, user-vises and ether receipts whatsoover of all business conducted at the Premises, percentage
<br /> rate will be based on this location, only Mashpce Commons, 12 Ventral square),and wt1l net in;elude Internet
<br /> sales due.to rnu:ltiple retail locations, also excluding the following: any suns collected and paid out for any
<br /> sales tax;retuims to�shipp'ers and manufacturers; and the ex.chaaige of merchandise between stores of the Tenant
<br /> where such a changes are made solely for the convenient operation of the Tenant's'business and not for the
<br /> purpose of cc►nsu nrnating a sale which as therefore been made at, in, on or frorn.the Premises and/or for the
<br /> ,purpose of aeprwmg the Landlord.of the benefit of a sale which-oth+erw a would have been made at,in,on or 1
<br /> from the Premises. Tenant shall deliver to LandlDrd, within ten (l o) days .after the end of each month, a
<br /> complete statement.signed by an executive offimr of Tenani, showing Gross gales for the preceding month.In
<br /> addition to ,LAndlord's ether rights ;and re medies, Tenant shall .pay to :Landlord a late fee.of 50.00 for any �
<br /> delinquency in meeting the foregoing reporting r equir+ement, time being of the essence. 'tenant agrees to
<br /> maintain accounting controls and.boobs of account,in fbim adequate for auditing purposes,in- ccordance with
<br /> ,generally accopted accounting ptdnciples to assure the proper recording of all Gross gales. In addition,Tenant
<br /> agrees to use,if b required'by Landlord,such cash regtsteirs and/or so are systems as shall ensure the proper
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<br /> :recording of zll Gross Sales. Landlord.shall have the right to audit all of the documents, materxala,and ffies of
<br /> `f'en .nt:relating to Gross Sales for any year.,If Landlord shall havo such.an audit made for.any lease-year, and.
<br /> the Gross Sales shown by the Tenarif s-st tem.ent for such leme-gear shall be found to be understated by more
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<br /> than two percent. % , then Tenant shall pay. to Landlord the cost of such audit. In.any evert, Tenant shall
<br /> promptly pay to -Landlord any deficiency in Percentage Rent plus interest at the.rate set fortli in Section 3.1
<br /> -om the date:such payment should.have been made to the date of payment. In the event the Gross Sales shown
<br /> by the Tenan "s statement for any two lease-years,whether or not oons+ecutive,of the Term shall be found to
<br /> ,have been u.riderstated by more than two percent (2%) in each instance, or for ;any one (1) lease-year of the
<br /> Term shall be found to have been understated by more than four percent 4% ,then:Landlord,in addition to,all
<br /> -other remedies available at.law or in equity or pursuant-to the other provisions of this Lease,shall have the right �
<br /> to terintnate 'this Lease upon written notice to er'enant. Such examination and audit may be made by any
<br /> -accountant dOsignated;in writing by the tan.dlord from time to:time.. �
<br /> ti, Taxes. The Wren "Taxes" means all real estate taxes and assessments levied by
<br /> any lawful autho rivy against the Shopping Center or any portion thereof. In the event Landlord shad elect to
<br /> contest-any proppsod increase in,Taxes, any expense incurred in such contest,including reasonable attorneys'
<br /> foes, shall be.co►.nsidered as tax expenses under the terms of this paragraph and shall be borne by Tenarit in.
<br /> accordance with Tenant' Pro-rats Share. 111 the evert the method of taxatio.n appileable to rental property shall �
<br /> be adjusted :or modified, a modification. agreement with respect to this paragraph shall be entered into to x
<br /> accurately apply the principal hereof to said revised tax system. 'Tenant shall pay to Landlord the Tenant's-Pro-
<br /> rata hm-e of the annual Taxes. Spepifically,Tonant shall make monthly tax,deposits wifli Landlord on the first
<br /> day of over 'nth in an amount equal to what Landlord reasonably estimates to be ono-twelfth 1/12th of
<br /> Tenant's.Pro-rata Share of the annual Taxes, with a.final adjustment to be made.between the parties as soon as
<br /> the actual dollar amount owed by Tenant for its Tenant's Pro7mta Share of T axe s for,the applicable year has
<br /> been determined. Landlord may re-estimate such monthly amount from time to time,. Alternatively,Landlord
<br /> may invoice Tonant from tilne to time as Landlord receives the applicable.tax hills. In addition to paying its
<br /> Tenant"s Pro-rats Share of Taxes, Tenant shall pay all taxes relating to its *fixtures, equipment, and personal
<br /> pr9pertyl
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