Laserfiche WebLink
receipts or other records of merchandise taken out on approval, (vii) detailed original records of <br /> any exclusions or deductions from Gross Sales (viii) sales tax records, and (ix) such other sales <br /> records, if any, which would normally be examined by an independent accountant pursuant to <br /> accepted auditing standards in performing an audit of Subtenant's sales. Subtenant shall record at <br /> the time of each sale or other transaction, in the presence of the customer, all receipts from such <br /> sale or other transaction, whether for cash, credit or otherwise, in a cash register or cash registers <br /> having a cumulative total which shall be sealed in a manner approved by Sublessor and which <br /> shall possess such other features as shall be required by Sublessor. All of the foregoing books, <br /> source documents and records shall be retained for a period of at least four (4) years after the <br /> expiration of each lease year. <br /> 33.2 Reports By Subtenant. Subtenant shall furnish to Sublessor within thirty (30) days <br /> after the expiration of each lease year a complete statement, certified by an independent certified <br /> public accountant, showing in all reasonable detail the amount of such Gross Sales made by <br /> Subtenant from the Sublease Premises during the preceding lease year. Subtenant shall in all <br /> events furnish to Sublessor within five (5) days after the end of each month of the term of this <br /> Sublease a written statement of Gross Sales covering the preceding month, the statement to be in <br /> such form and style and contain such details and breakdown as the Subtenant may reasonably <br /> require. Subtenant shall require and cause all its concessionaires, if any, to furnish statements at <br /> the times and in the form and content specified in this Section, relating to their operations within <br /> the Sublease Premises. All reports of Gross Sales submitted or caused to be submitted by <br /> Subtenant to Sublessor shall be conclusive and binding upon Subtenant unless such reports are <br /> corrected within two (2) years after the date of issuance. The term "concessionaire" as used in this <br /> Sublease shall mean and include any and all concessionaires, licensees, franchisees, department <br /> operators, subtenants, permittees or others directly or indirectly operating or conducting a <br /> business in or from the Sublease Premises. <br /> 34. Miscellaneous. <br /> 34.1 Severability. In the event any one or more of the provisions contained in this <br /> Sublease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such <br /> invalidity, illegality or unenforceability shall not affect any other provision of this Sublease, but <br /> this Sublease shall be construed as if such invalid, illegal or unenforceable provision had never <br /> been contained herein. Furthermore, in the event that the application of any provision of this <br /> Sublease to any person or circumstance shall for any reason be held to be invalid, illegal or <br /> unenforceable, in whole or in part, or in any respect or to any extent, then, and in any event, such <br /> invalidity, illegality or unenforceability shall not be deemed to affect the application of such <br /> provision to the extent that such application is legal, valid and enforceable nor the application of <br /> such provision to any person or entity or circumstance against whom or which such application is <br /> legal, valid and enforceable. <br /> 34.2 Entire Agreement. This Sublease contains the entire agreement between the parties <br /> with respect to the subject matter hereof and supersedes any and all prior and contemporaneous <br /> 19 <br />