Other Stores. Tenant shall not during the first five (5) years following Tenant’s opening for business at the Leased Premises, open a “J. Crew” store at the Northgate Mall in Seattle, Washington.
Other Stores. Section 11.1. In recognition of the facts that several leases (including this lease) of space in the Shopping Center provide for a percentage rent based upon sales made and that it is anticipated that the Tenant’s operations in the demised premises will contribute to attracting shoppers, the Tenant covenants and agrees (insofar as and to the extent that it is lawful so to agree) that for the period commencing with the execution of this lease and continuing for the full term of this lease, none of the Tenant, any guarantor or principal of or partner in the Tenant, any of their affiliated, parent, or subsidiary companies, or any franchisor (or licensor) or franchisee (or licensee) of any of them, will operate, either directly or indirectly, another store (including a department or concession in another store) of any kind, nature or description (other than stores, departments, or concessions presently being operated by it or them) within a reasonable area of the demised premises, without the prior written consent of the Landlord, the Tenant acknowledging that the area within a circle having as its center the demised premises and having a radius of one (1) mile is a reasonable area for this purpose. In addition to any other remedy otherwise available to the Landlord for breach of this covenant, it is specifically agreed that the Landlord may at the Landlord’s election require that any and all sales made in or from any such other store be included in the computation of the percentage rent due hereunder, with the same force and effect as though such sales had actually been made in or from the demised premises.
Other Stores. Notwithstanding anything in this Lease to the contrary, under no circumstances do the parties to this Lease intend to limit or otherwise affect in any way the ability or right of Tenant and Tenant's affiliates to open, operate, merchandise or close any stores anywhere, regardless of the proximity to the Premises or the potential or actual affect of the opening, operation, merchandising or closing of such stores, and further regardless of any obligations or rights based on the sales generated at the Premises expressly set forth in this Lease. Without limiting the generality of the foregoing, the parties confirm that neither Tenant nor Tenant's affiliates are subject to a so-called "radius restriction" or similar limitation in favor of Landlord or Landlord's affiliates.
Other Stores. The parties further acknowledge that there are additional Franchise Agreements covering retail locations in Stratford, Bridgeport, and Milford, CT, and that as of the date of this Agreement, these franchises are not operated in accordance with valid franchise agreements, that there is filed and pending litigation with respect to the stores in Milford, Bridgeport, and Stratford, and that the Sellers can make no representation as to the future status of these stores within the "The Bagel Connection" franchise system. Further acknowledged that there is currently in operation in Monroe, CT, an additional retail store operating under the name "The Bagel Connection," and owned by the franchisee of the Bridgeport store, for which no franchise agreement has been executed. The parties agree that All American shall have the right and opportunity to approach the franchisees described in 4 above, and shall have the right to resolve those conflicts as they, in their sole discretion see fit, except that to the extent that such resolution may compromise any accounts receivable of Seller, Buyer shall require Seller's approval for such compromise. Sellers agree to fully cooperate with Buyers in Buyer's efforts to resolve such conflicts. Buyer expressly agrees that any contact, direct or indirect, with any store or franchisee currently affiliated with or using the name "Bagel Connection," shall not occur without the express written consent of Seller. It is expressly understood by sellers, that in the event Buyer is unable to resolve the conflicts described in 4 above to his sole satisfaction, Buyer shall have the right to cancel this Agreement, in which case neither party shall have any continuing obligation to the other.
