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o: to make any payments due thereunder, the Lessor may elect to '
treat Lessee's failure as a substantive breach of this lease en- ~
titling Les~~r to terminate this lease and Lessee's right to pos-
session of the premisesa
, ,
If Lesso^ is dissatisfied with any annual or monthly statement
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furnished by Lessee hereunder, and Lessor shall so notify •Zessee ~
,
within £orty-five (45) days after the receipt of any such state- ~
ment, Lesser may cause Lessee~s books to be examined by a certified ~
publi~ accountant of recognized standing selected by Lessor and if
such examinatio-~ shall disclose any underpayment of percentage ~
rental, Lessee shall promptly pay the same to Lessor and in the ~
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event the amount of such underpayment exceeds five percent (5~)
of the percentage r-ental as represented by Lessee, Lessee shall
~lse reimburse Lesso~ for the cost of such accountant's examination.
Lessee further agre~s t;:at it wili continuously ~nd diligently
operate its ~usine~s upon the demised premises, keeping open at
such hours as are customary in the locality for businesses of that
^haracter and%or a~ is required by the Franchise Agreement between
~he iessee and Mcronald's System, Inc,
~ECTION 4~ During the effective term of this 3ease, Lessee shall
r.oT., ex~ept with *he written consent of LessoT first had and ob-
*_a~ned, direct.ly or indirectly engage in, or acquire any financial
ar benefi:;ial interest in, any business, including any interest in
^orpor~±ion, partnerships, trusts~ unincorporated associations and
joint ver.*ures, in wrich food and beverages ~~e dispensed by any
food es:.ablishment at any pl~ce other than the location covered by
t?~is iease~ The foregcing restrictions and limitations shall, if
Lessee is a ~orporatior., or if, with the eonsent of the Lessor, the
rights of the Lessee hereunder are assigned to.a corporation, (with-
o~a*~ ~imi'ing ~he ger.erality of the foregoing) apply to activities
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