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made by Tenant in the operation of Tenant's store on the leased premises in any lease
year, as defined in Sectlon (a) of Article 3, shall exceed the total fixed monthly
rents under Section (a)~hereof for such lease year, then and in such event, and
within 30 days after the end of such lease year, Tenant shall pay to Landlord the
amount of such excess as additional rent. Within 30 days after the end of each lease
year, Tenant shall furnish to Landlord a statement of the total amount of such cash
receipts of sales for such lease year.
The teen "cash receipts of sales" as used herein shall be taken and
construed to mean the total amount of att receipts from sates of drugs, food, drinks,
goods, wares and merchandise of every sort whatsoever, (less returns and refunds),
made by Tenant In the operation of Tenant's store on the teased premises, excepting
and excluding receipts from sales of cigarettes, and shall, except as to cigarettes,
also Include, receipts fran sales by any concessionaire therein, and charges or fees
received for all services rendered therein. Cash receipts of sales shall not Include
receipts and commissions from the operation of telephones and public weighing scales
therein, nor Lnter-corporate and inter-store sales or transfers, nor sales of
government bonds, savings stamps and other government sec~irities, postage stamps and
ready stamped postcards and envelopes, nor sales of government lottery tickets, nor
sales at a discount to employees. Cash receipts of sales shall also not Include
sales at a discount to doctors, dentists, hospitals, nurses, drug stores or ~+holesale
drug or supply houses, except that such sates in excess of 2~ of the total cash
receipts of sales shall be Included. Tenant shall also have the right to deduct and
exclude fro4 such cash receipts of sales a sum equal to any approximate amounts wiiLch
may be paid by Tenant or which Tenant may add to or include In Its selling prices of
various articles by reason of any sales taxes, use taxes, retaLlers' occupation
taxes, excise taxes at the retail teve_1 and the like, now or hereafter imposed and
however entitled, and Which are based upon the amounts of sales or the units of
sales.
Tenant shall cause to be kept, in accordance with its customary
accounting procedure, records of the cash receipts of sales made by Tenant in the
operation of Tenant's store on Lhe leased premises. Landlord and landlord's duty
authorized representative, at reasonable times during business hours, shall Dave
access to such records at the place where the same are kept, for the purpose of
inspecting and audLting the same, provided that any such inspection and audLt be made
by Landlord within six months after the expiration of any lease year. If Landlord
does not object !n writing to -any statement above mentioned within said six months,
such statement shall be conctustvely presumed to be correct, and thereafter Tenant
shall not be required to preserve the records from which such statement was compiled.
Landlord agrees not Lo divulge to anyone the lnformatLon obtained by Landlord and
Landlord's representative from such records or from the statements above mentioned,
except to any mortgagee or prospective purchaser of the property and except as may be
necessary for the enforcement of [and lord's rights under this lease. Nothing herein
contained, however, shall be deemed to confer upon Landlord any Interest in the
business of Tenant in the leased premises.
(c) Until further notice to Tenant, rent checks shall be payable to and
maLled ta:
. -General Development forporation
1111 South Bayshore Drive
Miami, Flo rLda 33133
Attn: Commercial Properties
. (d~) In additLon to the rentals herein called for, Tenant shall also pay
any use or sales tax on said rental Imposed by the State of Florida oc any federal or
local goverrnRental authority. Nlth respect to the State of Florida sales tax on
rent, Tenant represents that Tenant !s a~ithorized by the Florida Department of Revenue
to remit said tax directly to said agency, and Tandlord acknowledges that payment by
Bald means satisfies the requirements of this Sectlon. INtTfA~
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