Common use of Term; Renewals Clause in Contracts

Term; Renewals. (a) The term of the sublease granted herein with respect to each of the Subleased Premises shall be coextensive, less one day, with the Lease Term of the corresponding Prime Lease, unless sooner terminated as provided herein. Too, Inc. acknowledges that the Lease Term shall not include renewal or extension options exercisable by Prime Tenant (whether or not Prime Tenant in fact exercises same) and that the exercise of any such option shall be determined by Prime Tenant in its sole and absolute discretion. (b) Prime Tenant will notify Too, Inc. no later than the 60th day prior to the expiration of any renewal or extension option in respect of the Prime Lease if Prime Tenant has determined not to exercise any such option, and will first offer to assign the Prime Lease to Too, Inc., to the extent permitted under such Prime Lease or by the Landlord, or otherwise to cooperate with Too, Inc. to allow Too, Inc., in its discretion, to exercise any such option with respect to the Leased Premises, so long as Limited and its Affiliates have no responsibility or liability under the Prime Lease after expiration of the Lease Term (without giving effect to such renewal option). If Too, Inc. decides to, and is permitted to, assume the Prime Lease on such terms, then Too, Inc. shall assume responsibility for and pay any and all costs relating to such premises (including, without limitation, all liabilities and obligations under the Prime Lease as so extended). Too, Inc. acknowledges that in the event of any expiration of a Lease Term, this Agreement shall terminate with respect to the corresponding Prime Lease. (c) If Prime Tenant desires to renew or extend a Prime Lease, then it shall notify Too, Inc. thereof no later then 60 days prior to the expiration of the applicable Prime Lease. Within 10 days of Too, Inc.'s receiving such notice, it shall notify Prime Tenant as to whether it wishes to remain in the Leased Premises. If both parties have decided to renew or extend their respective lease arrangements, then, unless otherwise agreed, the parties shall each negotiate and enter into separate lease arrangements with the applicable Landlord with respect their respective premises, and the parties shall divide Ratably all Store Separation Costs relating to such premises. If Prime Tenant intends to extend or renew the Prime Lease notwithstanding that Too, Inc. has not elected to continue its sublease arrangements, and Prime Tenant does not intend to use all of the floor space in the Prime Lease, then Prime Tenant shall assume responsibility for and pay all Store Separation Costs which the Landlord may require in relation to such premises in exchange for Landlord's consent to such renewal or extension.

Term; Renewals. (a) a. The initial term of this Sublease shall commence on June 1, 2008 (the sublease granted herein with respect to each “Sublease Commencement Date”), and expire on 11:59 p.m., local time, on the day immediately preceding the third (3rd) monthly anniversary of the Subleased Premises shall be coextensiveSublease Commencement Date, less one dayor if the Sublease Commencement Date is not the first day of a calendar month, then the last day of the third (3rd) full calendar month following the calendar month in which the Sublease Commencement Date occurs (together with all renewals and extensions thereof and any holdover, the “Term”). b. Provided that, at the time of such exercise, (i) there exists no Event of Default on the part of Subtenant under this Sublease (nor any failure by Subtenant to make any required payment or perform any obligation, of which failure Subtenant has received notice and which, with the Lease passage of time, would constitute an Event of Default), (ii) Subtenant then occupies the Sublease Premises, and (iii) this Sublease is still in full force and effect, Subtenant shall have the automatic right to extend the Term of this Sublease, without the corresponding Prime Leaseneed for any notice or the execution of an instrument of renewal, unless sooner terminated on a month-to-month basis (each such monthly term being an “Extended Term”). The initial Extension Term shall commence on the day immediately following the last day of the initial Term and, except as provided otherwise set forth below, shall end at 11:59 p.m. on the last day of the applicable calendar month. During any Extended Term, either Sublandlord or Subtenant may terminate this Sublease upon at least thirty (30) days’ written notice to the other of its intent to terminate. Each Extended Term shall be on all the terms and conditions of this Sublease. Notwithstanding anything to the contrary herein. Too, Inc. acknowledges the parties hereby acknowledge and agree that the Lease final Extended Term of this Sublease, to the extent applicable, shall not include renewal or extension options exercisable by Prime Tenant expire one (whether or not Prime Tenant in fact exercises same1) and that the exercise of any such option shall be determined by Prime Tenant in its sole and absolute discretion. (b) Prime Tenant will notify Too, Inc. no later than the 60th day prior to the expiration of any renewal or extension option in respect of the Prime Lease if Prime Tenant has determined not to exercise any such option, and will first offer to assign the Prime Lease to Too, Inc., to the extent permitted under such Prime Lease or by the Landlord, or otherwise to cooperate with Too, Inc. to allow Too, Inc., in its discretion, to exercise any such option with respect to the Leased Premises, so long as Limited and its Affiliates have no responsibility or liability “Expiration Date” under the Prime Lease after expiration of the Lease Term (without giving effect to such renewal option). If Too, Inc. decides to, and is permitted to, assume the Prime Lease on such terms, then Too, Inc. shall assume responsibility for and pay any and all costs relating to such premises (including, without limitation, all liabilities and obligations under the Prime Lease as so extended). Too, Inc. acknowledges that in the event of any expiration of a Lease Term, this Agreement shall terminate with respect to the corresponding Prime Lease. (c) If Prime Tenant desires to renew or extend a Prime Lease, then it shall notify Too, Inc. thereof no later then 60 days prior to the expiration of the applicable Prime Lease. Within 10 days of Too, Inc.'s receiving such notice, it shall notify Prime Tenant as to whether it wishes to remain in the Leased Premises. If both parties have decided to renew or extend their respective lease arrangements, then, unless otherwise agreed, the parties shall each negotiate and enter into separate lease arrangements with the applicable Landlord with respect their respective premises, and the parties shall divide Ratably all Store Separation Costs relating to such premises. If Prime Tenant intends to extend or renew the Prime Lease notwithstanding that Too, Inc. has not elected to continue its sublease arrangements, and Prime Tenant does not intend to use all of the floor space in the Prime Lease, then Prime Tenant shall assume responsibility for and pay all Store Separation Costs which the Landlord may require in relation to such premises in exchange for Landlord's consent to such renewal or extension.