Common use of Radius Clause in Contracts

Radius. 64 Tenant acknowledges that sales from a store owned by it or a related entity as described herein 65 within a two (2) mile radius may reduce the Gross Sales that might otherwise be made from the Premises. 66 If such a business is operated, the specific effect on Gross Sales may be difficult or impossible to 1 establish with certainty. Therefore, in order to provide Owner and Landlord with a fair and adequate 2 rental for the Premises, in the event that during the Term hereof Tenant or any person, firm, corporation 3 or other entity who or which controls or is controlled by Tenant, or by any person, firm, corporation or 4 other entity who or which controls Tenant, shall directly, either individually or as a partner or stockholder 5 or otherwise, own, operate or become financially interested in any business similar to or in competition 6 with the business of Tenant described in the Data Sheet, within a radius of two (2) miles from the ▇ ▇▇▇▇/▇▇▇▇▇ Development, then the Gross Sales of any such business or businesses within said area shall be 8 included in the Gross Sales made from the Premises and the Percentage Rental hereunder shall be 9 computed upon the aggregate of the Gross Sales made from the Premises and by any such other business 10 or businesses then conducted within said area. Tenant shall be obligated to provide Landlord with a 11 statement of Tenant's Gross Sales for all such other businesses operated within such area, in accordance 12 with the provisions of Article III and Landlord shall have a right to examine the books and to audit such 13 other businesses in a manner as set forth in Article IV of this Lease.

Radius. 64 Tenant acknowledges that sales from a store owned by it or a related entity as described herein 65 within a two ten (210) mile radius may reduce the Gross Sales that might otherwise be made from the Premises. 66 If such a business is operated, the specific effect on Gross Sales may be difficult or impossible to 1 establish with certainty. Therefore, in order to provide Owner and Landlord with a fair and adequate 2 rental for the Premises, in the event that during the Term hereof Tenant or any person, firm, corporation 3 or other entity who or which controls or is controlled by Tenant, or by any person, firm, corporation or 4 other entity who or which controls Tenant, shall directly, either individually or as a partner or stockholder 5 or otherwise, ; own, operate or become financially interested in any business similar to or in competition 6 with the business of Tenant described in the Data Sheet, within a radius of two ten (210) miles from the ▇ ▇▇▇▇/▇▇▇▇▇ Development, then the Gross Sales of any such business or businesses within said area shall be 8 included in the Gross Sales made from the Premises and the Percentage Rental hereunder shall be 9 computed upon the aggregate of the Gross Sales made from the Premises and by any such other business 10 or businesses then conducted within said area. Tenant shall be obligated to provide Landlord with a 11 statement of Tenant's Gross Sales for all such other businesses operated within such area, in accordance 12 with the provisions of Article III ill and Landlord shall have a right to examine the books and to audit such 13 other businesses in a manner as set forth in Article IV of this Lease.