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NEGOTIATING KEY LEASE PROVISIONS A Landlord's Point of View - page 33 / 60

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monthly breakdown of Gross Sales, on or before fortyfive (45) days following the expiration of each Lease Year. Statements shall be in the form attached to this Lease as Exhibit ___, which form Landlord may revise from time to time. Statements shall include the Gross Sales of all subtenants. licensees and concessionaires. The certified annual statement shall be accompanied by a payment to Landlord of any Percentage Rental that may be due, as provided in subparagraph (a) of this Section ____.

(d)

The term "Lease Year", as used in this Lease, shall mean that period of twelve (12)

consecutive months which begins on the first day of the calendar month immediately following the Rental Commencement Date and on each anniversary thereof. Each Lease Year shall constitute a separate accounting period for the purposes of computing Percentage Rental, and Gross Sales for any one Lease Year shall not be carried forward or carried back into any other: provided, however, Tenant's Gross Sales for the first partial month immediately following the Rental Commencement Date, if any, shall be included as Gross Sales for the first Lease Year of

this Lease.

99999\11111\215691.V01 JDC

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