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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)

Citation
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Parent Document
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-11-21

Other Sections in This Document (144)

Full Text

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WAL-MART DISCOUNT DEPARTMENT STORE 54,000 SQ. FT.
CONSUMER FOODS GROCERY STORE 33,539 SQ. FT.
LESSOR warrants that in the event either one of said tenants should not be open for business when LESSEE is scheduled to open for business, or should thereafter vacate its premises or cease its operations in the Shopping Center, then LESSEE may delay its opening date and rental commencement date until the first of LESSEE'S scheduled store opening seasons after both of said major anchor tenants are open for business. LESSEE shall also have the option to cancel this Lease, however, in such event; LESSOR shall have six (6) months after such major anchor tenant vacates or ceases operations in said space for said space to be occupied by another tenant open for business and operating a similar type and size business as that of such vacating tenant before LESSEE may exercise this option to cancel, and provided that LESSEE notifies LESSOR of its intent to cancel in writing thirty (30) days prior to such cancellation. During the period of such major anchor tenant's vacancy, LESSEE may abate monthly fixed rent, annual percentage rent and all other charges payable hereunder by LESSEE, and pay LESSOR in lieu thereof, on a monthly basis, an amount equal to one-half (1/2) of the monthly fixed rent *776 that would otherwise be due under this Lease. See Exhibit "E".[1]