Common use of Amendment and Supplements Clause in Contracts

Amendment and Supplements. The following Articles and Sections of the Lease are amended and supplemented as follows: 2.1. Article 5 (Rent) is amended by adding to the Section captioned “Marketing Fund Charge”, the following: If Landlord, at its sole option, produces or causes to be produced a direct mail, broadcast, print or other advertising device featuring tenants of the Center, then, if requested by Landlord from time-to-time for any given Lease Year, Tenant shall participate in such advertising at least twice during such Lease Year (or as often as the same is produced, if less than twice during such Lease Year). In no event, however, shall the foregoing provisions be construed to obligate Landlord for any given Lease Year to produce or cause to be produced any such advertising. Tenant shall pay to Landlord, in addition to all other Rent, the cost of each such advertisement within thirty (30) days following receipt of an invoice therefor, which cost shall be reasonably determined by Landlord from time-to-time based upon Landlord’s reasonably anticipated costs and expenses incurred in connection therewith. If Landlord implements a program and/or system of gift certificates or similar program and/or system, Tenant shall (a) participate therein, (b) utilize any equipment and/or software necessary to implement the same, (c) be responsible for any costs associated therewith and (d) execute any necessary documentation to effectuate the program.