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<br /> <br /> <br /> <br /> Reference Date: April 12, 2006 <br /> Tenant's Initials: _ Landlord's Initials: <br /> 13) RETAIL PROVISIONS ? Applicable d Not Applicable <br /> A. Percentage Rent: percent of Tenant's gross sales for a lease year in excess of ? Base Rent <br /> ? . Percentage Rent is <br /> ? payable monthly and annualized. <br /> ? payable monthly without annualization. <br /> ? payable annually. <br /> ? payable <br /> 6. Radius Clause: ? Applicable ? Not Applicable <br /> n Tenant is prohibited from opening a similar business within miles from the Premises. <br /> n <br /> - <br /> c. Exclusive Use Clause: ? Applicable ? Not Applicable <br /> o. Opening and Continuous Operation Requirements: ? Applicable ? Not Applicable <br /> n Tenant shall open for business no later than or the Rent Commencement Date, whichever is earlier. <br /> ? the Rent Commencement Date. <br /> ? <br /> ? Tenant shall remain open for the following minimum hours: <br /> Monday through Thursday:- <br /> Friday: <br /> Saturday: <br /> Sunday:_ <br /> E. Signage: <br /> F. Advertising or Promotional Fund Contributions: $ /month. Tenant's obligation to make such <br /> contribution shall commence upon ? the Rent Commencement Date; ? the Term Commencement Date; <br /> <br /> tal EXPANSION RIGHTS ? Applicable [ Not Applicable <br /> Tenant has ? the option to lease; ? the first right of refusal regarding additional space (the "Expansion Space") <br /> n on floors ; ? located adjacent to the Premises; n shown on Exhibit <br /> ? on the following terms: <br /> A. Time Period for Exercise of Right: <br /> ? term of the lease. <br /> B. Rent for Expansion Space: <br /> ? equivalent to rent per square foot for Premises. <br /> ? to be determined by mutual agreement. <br /> ? equal to the then current fair market rental value. <br /> n equal to bona-fide offer made by third-party. <br /> c. More than One Space at Issue: If more than one space is at issue, Tenant must exercise option as follows: <br /> is) INSURANCE REQUIREMENTS <br /> Tenant shall carry the following minimum limits: <br /> A. Commercial General Liability: $ 1,000,000.00 per occurrence and $ 2,000,000.00 aggregate for bodily <br /> injury, death, and property damage, including liquor liability if liquor is sold. Landlord and Landlord's agent shall be named <br /> as additional insureds. <br /> a. Hazard: <br /> c. Other: <br /> <br /> <br /> O 2000 HAWAII CCIM. ALL RIGHTS RESERVED. Any unauthorized copying, transmission, display, uploading, distribution or page 4 <br /> adaptation is strictly prohibited and will result in liability of up to $150,000. Permission to photocopy denied. <br />