Whereas, the Main Store is desirous of leasing a certain part of its premises for occupation of a..........department to the Department and the Department is desirous of securing such space from the Main Store;
1. The Main Store hereby leases to the Department, and the Department does hereby agree to accept such lease, and the Main Store agrees to permit the Department to occupy the space as hereinafter set forth. The terms and conditions of the use and occupation of said space by the Department shall extend from.......to and including............. The space to be occupied is to be approximately............in the building known as............, at..........in the
City of.........;.., State of.........., subject to change of location whenever requested by the Main Store. The
Main Store agrees that the Department shall......have the use of such space for the sole purpose of selling at retail on said premises and not elsewhere.
2. The Department agrees to keep open passageways at all times through and from said department to elevators and aisles of said store without obstruction of any kind, and also agrees to devote sufficient open space for cashier and bundle desks to accommodate said Department at such place therein as said Main Store shall from time to time direct.
3. The Department covenants, promises and agrees to carry in stock in said Department at all times a full line of new and salable stock of such of the merchandise hereinbefore described which it has the right to sell and of the type prevailing for the time being and the amount of such stock which shall thus be carried shall be fully complete and ready for sale at all times dining the business hours of the store and the Department agrees that it will mark all goods in said Department in plain figure and strictly maintain one price in the sale of goods in its Department and that it will not sell its merchandise for a higher price than asked for similar goods by other stores and whenever the asking price thereof be too high, it will make such reduction as the Main Store shall require and will conduct its department in a proper and becoming manner and in accordance with the rules and regulations of the store as prescribed from time to time by the Main Store.
4. The Main Store agrees to furnish the Department adequate heat and light for said premises, said light to be furnished by the Main Store to be reasonable light for lighting purposes.
5. The Department agrees to advertise the goods sold by it in said premises through the advertising department of said store in connection with the advertisements of said Main Store in such mediums as are selected to be used by the Main Store, such advertisements to be in form satisfactory to the
Main Store and said advertisements to be paid for by the Department at the cost thereof, to the Main Store, and the Department agrees that it will advertise its goods judiciously for the furtherance of its business and that the Department agrees to expend not less than......of its gross sales for such advertisements.
6. In consideration of the foregoing, the Department agrees to use the premises in a becoming and proper manner and solely for the purposes above set forth and for no other purposes, that it will not assign or underlet said premises or any portion thereof or permit any other person or persons, corporation or corporations to occupy the same without the written consent of the Main Store therefor first had and obtained and that at the end of said term or any extension thereof, or on the sooner termination of this lease, it will quietly and peac-ably surrender up possession of said premises of the Main Store, its successors and assigns, in as good order and repair as the same now are or may hereafter be put in, reasonable wear and tear of the elements excepted; that it will not put up any signs on the inside or outside of the said premises without the written consent of the said Main Store, first had and obtained therefor, nor contract any bills in the name of the said Main Store or in any way, directly or indirectly, involve the said Main Store in any expense or liability; and that all sales made on said premises by said Department, shall be made in the name of said Main Store and returns thereof immediately made to said Main Store by the person making such sales.
7. The Department agrees to pay, as rent for said premises
...........(....%) per cent of all sales made on said premises, by said Department, its officers, agents and servants, and agrees to pay the cost of all advertising of its merchandise and all other expenses for maintaining its business. The Main Store shall have the right to deduct all such amounts which may be due the Main Store for rent and other expenses paid by the Main Store for the Department, from the sales of the Department; and the Main Store agrees to pay the remainder of said sales to the Department during the day following that in which such sales are received.
8. The Department and its employees shall at all times during the term of this lease or any extension thereof be governed by all rules prescribed by the Main Store for the managment of its stores and shall conduct its said department with due regard to the rights of the Main Store.
9. The Department guarantees that the net sales in the department which are hereby leased to the Department shall be no less than..........dollars in each year during the term of this lease; and that the Main Store is hereby authorized by the Department to deduct from the sales a pro rata amount each day during the continuance of this agreement so that the amount deducted for tent each year shall be no less than