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constituted governmental authority, nor shall it include the exchange of merchandise between the
<br /> stores of Subtenant, if any, where such exchange of goods or merchandise is made solely for the
<br /> convenient operation of the business of Subtenant and not for the purpose of consummating a sale
<br /> which has theretofore been made in or from the Sublease Premises and/or for the purpose of
<br /> depriving Sublessor of the benefit of a sale which otherwise would be made in or from the Prime
<br /> Lease Premises,nor shall the term include the amount of returns to shippers or manufacturers, nor
<br /> proceeds from the sale of trade fixtures. There shall be deductible from Gross Sales the amount of
<br /> any cash or credit refund made upon any sale in or from the Prime Lease Premises, previously
<br /> included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the
<br /> merchandise sold is thereafter returned by the purchaser and accepted by Subtenant. The term
<br /> "merchandise" as used in this Lease shall include,but not be limited to, food and beverages.
<br /> 4.3 Additional Rent Provisions. Unless otherwise expressly provided, all monetary
<br /> obligations of Subtenant to Sublessor or Landlord under this Sublease, of any type or nature, other
<br /> than Base Rent or Percentage Rent, shall be denominated as additional rent. Except as otherwise
<br /> expressly provided, all additional rent payments are due five (5) days after delivery of an invoice.
<br /> Sublessor and Landlord shall have the same rights and remedies for defaults in the payment of
<br /> additional rent as provided in this Sublease for defaults in the payment of Base Rent. The term
<br /> "Rent" or "rent" when used in this Sublease shall include Base Rent, Percentage Rent and all forms
<br /> of additional rent. All Base Rent shall be paid to Landlord without demand, setoff, or deduction
<br /> whatsoever, except as specifically provided in this Sublease, at Landlord's notice address indicated
<br /> in Section 24 of this Sublease, or at such other place as Landlord shall designate in writing to
<br /> Subtenant. All Percentage Rent shall be paid to Sublessor without demand, setoff, or deduction
<br /> whatsoever, except as specifically provided in this Sublease, at Sublessor's notice address indicated
<br /> in Section 24 of this Sublease, or at such other place as Sublessor shall designate in writing to
<br /> Subtenant. If any payment of rent due from Subtenant shall be overdue by five (5) days or more,
<br /> Landlord or Sublessor shall be entitled to charge Subtenant the late charges and interest provided
<br /> for in Section 4(d) and Section 4(e) of the Prime Lease. Subtenant's obligations to pay rent are
<br /> covenants independent of Sublessor's obligations under this Sublease. Subtenant shall also pay
<br /> monthly to Landlord and Sublessor, as the case may be, any sales, use, or other tax (excluding
<br /> state and federal income tax) now or hereafter imposed by the United States of America, the State
<br /> of Florida in which the Sublease Premises are located, or any political subdivision of them, on any
<br /> form of rent due under this Sublease, or in substitution for any rent, notwithstanding the fact that
<br /> the law imposing the tax may endeavor to impose it on Sublessor or Landlord.
<br /> 4.4 Other Charges and Taxes. Subtenant shall also reimburse Sublessor for all charges
<br /> payable by Sublessor under the Prime Lease which relate to the Sublease Premises or to
<br /> Subtenant's use of the facilities of the Project, or which are payable by reason of any act or
<br /> omission of Subtenant, including, but not limited to, (i) any increases in Sublessor's or Landlord's
<br /> insurance premiums, and (ii) any fee imposed by Landlord for the review of plans and
<br /> specifications or inspections done pursuant to the Prime Lease with respect to the Sublease
<br /> Premises. Subtenant shall pay, on or before their respective due dates to the appropriate collecting
<br /> authorities, all federal, state, county and city taxes, fees, and assessments, which are now due or
<br /> may subsequently be levied upon the Sublease Premises or upon any Subtenant's property used in
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