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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rhoden Investment Co., Inc. v. Sears, Roebuck & Co., 499 S.W.2d 375 (1973)

Citation
Rhoden Investment Co., Inc. v. Sears, Roebuck & Co., 499 S.W.2d 375 (1973)
Parent Document
Rhoden Investment Co., Inc. v. Sears, Roebuck & Co., 499 S.W.2d 375 (1973)
Jurisdiction
Missouri (state)
Effective Date
1973-09-10

Other Sections in This Document (82)

Full Text

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The parties further agreed, F(l), that “Throughout the term * * * and without payment of any further rentals by Tenant, Landlord shall furnish to Tenant a minimum of Sixty-five Hundred (6,500) square feet of usable warehouse space, but it is mutually understood that Tenant will require additional space in or near * * * Columbia for its use for warehouse purposes in connection with the operation of its retail store upon the premises demised under this lease. Landlord shall furnish, or reimburse Tenant for the ‘outside rentals’ paid by it for any such additional space * * * so that Tenant will have an additional Sixty-five Hundred (6,500) square feet of usable warehouse space * * * for each * * * ($1,000,000.00) * * * ‘annual net sales’ * * *. (2) Tenant shall give Landlord written notice of its requirements and Landlord shall have the right within Sixty (60) Days * * * to submit to Tenant a written description and offer of premises which may be used and occupied by Tenant for such purposes. * * * In the event * * * that Landlord does not offer the requested warehouse space * * * and in so far as Tenant is entitled, by virtue of the amount of its ‘annual net sales’ to be furnished such space by Landlord rent free, Tenant shall have the right * * * to reimburse itself for the rentals paid by it * * * for such additional warehouse space. * * * (4) If Landlord fails to pay or reimburse Tenant for any outside rentals, or whenever Tenant is entitled to reimburse itself for outside rentals, * * * Tenant shall have the right * * * to deduct and retain from the additional rentals, if any, * * * a sum or sums equivalent to the amount of such outside rentals so to be paid or reimbursed.”