Common use of Radius Restriction Clause in Contracts

Radius Restriction. During the Term, neither Tenant nor any entity owned by or controlled directly or indirectly by or under common control with Tenant, nor any shareholder or partner holding more than fifty percent (50%) of the shares or partnership interest, as the case may be, of Tenant shall own, operate or have any financial interest in any business similar to the business of Tenant, as set forth in Section 1. 14, if such other business is opened after the Date of Lease specified in Section 1.1 and its front door or storefront opening is located within three (3) miles of the front door or storefront opening of the Premises. Without limiting Landlord's remedies if Tenant violates this covenant, Landlord, for so long as Tenant is operating the other business, may include the gross sales (as the term Gross Sales is defined in this Lease) of the other business in the Gross Sales made from the Premises for the purpose of computing Percentage Rental. Landlord or its authorized representative, at all reasonable times during the Term and for a period of at least three (3) years after expiration or earlier termination of this Lease, shall have the right to inspect, audit, copy and make extracts of the books, records and accounts pertaining to such other business, in the manner set forth in Section 8.3, for the purpose of determining and verifying the additional Percentage Rental due to Landlord pursuant to this Section 11.7.

Radius Restriction. During the Term, neither Tenant nor any entity owned by or controlled directly or indirectly by or under common control with Tenant, nor any shareholder or partner holding more than fifty percent (50%) of the shares or partnership interest, as the case may be, of Tenant shall own, operate or have any financial interest in any business similar to the business of Tenant, as set forth in Section 1. 141.14, if such other business is opened after the Date of Lease specified in Section 1.1 and its front door or storefront opening is located within three (3) miles of the front door or storefront opening of the Premises. Without limiting Landlord's remedies if Tenant violates this covenant, Landlord, for so long as Tenant is operating the other business, may include the gross sales (as the term Gross Sales is defined in this Lease) of the other business in the Gross Sales made from the Premises for the purpose of computing Percentage Rental. Landlord or its authorized representative, at all reasonable times during the Term and for a period of at least three (3) years after expiration or earlier termination of this Lease, shall have the right to inspect, audit, copy and make extracts of the books, records and accounts pertaining to such other business, in the manner set forth in Section 8.3, for the purpose of determining and verifying the additional Percentage Rental due to Landlord pursuant to this Section 11.7.. 11.8

Radius Restriction. During the Term, neither Tenant nor any entity owned by or controlled directly or indirectly by or under common control with Tenant, nor any shareholder or partner holding more than fifty percent (50%) of the shares or partnership interest, as the case may be, of Tenant shall own, operate or have any financial interest in any business similar to or in competition with the business of TenantTenant (with respect to the franchises of Tenant at the time of the Rental Commencement Date), as set forth described in Section 1. 14, 1.11 of this Lease under "use of Premises~~ if such the other business is opened after the Date date of this Lease specified in Section 1.1 and its front door or storefront opening is located within three five (35) miles of the front door or storefront opening of the PremisesShopping Center. Without limiting Landlord's remedies if Tenant violates this covenant, Landlord, for so long as Tenant is operating the other business, may include the gross sales (as the term Gross Sales is defined in this Lease) Profit of the other business in the Gross Sales Profit made from the Premises for the purpose of computing Percentage Rental. Landlord or its authorized representative, at all reasonable times during the Term Term, and for a period of at least three one (31) years year after expiration or earlier termination of this Lease, shall have the right to inspect, audit, copy and make extracts of the books, records and accounts pertaining to such other business, business in the manner set forth in Section 8.38.3 of this Lease, for the purpose of determining and verifying the additional Percentage Additional Rental due to Landlord pursuant to this Section 11.7.. boattree\misc\tierra.lse 13