IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH GAAP) OF EVERY
KIND DERIVED FROM RENTING, USING AND/OR OPERATING SUCH PROPERTY AND PARTS
THEREOF, INCLUDING, BUT NOT LIMITED TO:
ALL RENTS AND REVENUES RECEIVED OR
RECEIVABLE FOR THE USE OF OR OTHERWISE BY REASON OF ALL GOODS SOLD, SERVICES
PERFORMED, SPACE OR FACILITIES SUBLEASED ON SUCH PROPERTY, OR ANY PORTION
THEREOF, INCLUDING, WITHOUT LIMITATION, ANY OTHER ARRANGEMENTS WITH THIRD
PARTIES RELATING TO THE POSSESSION OR USE OF ANY PORTION OF SUCH PROPERTY; AND
PROCEEDS, IF ANY, FROM BUSINESS INTERRUPTION OR OTHER LOSS OF INCOME INSURANCE;
PROVIDED, HOWEVER, THAT GROSS NON-FUEL REVENUES SHALL NOT INCLUDE THE
FOLLOWING:
ALLOWANCES ACCORDING TO GAAP FOR UNCOLLECTIBLE ACCOUNTS, INCLUDING
CREDIT CARD ACCOUNTS AND OTHER ADMINISTRATIVE DISCOUNTS; FEDERAL, STATE OR
MUNICIPAL EXCISE, SALES, USE, OCCUPANCY OR SIMILAR TAXES INCLUDED AS PART OF THE
SALES PRICE OF ANY GOODS OR SERVICES; INSURANCE PROCEEDS (OTHER THAN PROCEEDS
FROM BUSINESS INTERRUPTION OR OTHER LOSS OF INCOME INSURANCE); AWARD PROCEEDS
(OTHER THAN FOR A TEMPORARY CONDEMNATION); ANY PROCEEDS FROM ANY SALE OF SUCH
PROPERTY OR FROM THE REFINANCING OF ANY DEBT ENCUMBERING SUCH PROPERTY; PROCEEDS
FROM THE DISPOSITION OF FURNISHINGS, FIXTURE AND EQUIPMENT NO LONGER NECESSARY
FOR THE OPERATION OF THE TRAVEL CENTER LOCATED THEREON; ANY SECURITY DEPOSITS
AND OTHER ADVANCE DEPOSITS, UNTIL AND UNLESS THE SAME ARE FORFEITED TO TENANT OR
APPLIED FOR THE PURPOSE FOR WHICH THEY WERE COLLECTED; INTEREST INCOME FROM ANY
BANK ACCOUNT OR INVESTMENT OF TENANT; AND ANY AMOUNTS INCLUDED IN GROSS FUEL
REVENUES; AND FURTHER PROVIDED THAT GROSS NON-FUEL REVENUES SHALL NOT INCLUDE
ANY AMOUNT BASED ON THE INCOME OR PROFITS OF ANY PERSON IF AS A CONSEQUENCE
THEREOF THE RENT OR OTHER AMOUNTS PAYABLE BY TENANT HEREUNDER WOULD FAIL TO
QUALIFY, IN WHOLE OR IN PART, AS "RENTS FROM REAL PROPERTY" WITHIN THE MEANING
OF SECTION 856(D) OF THE CODE.
1.47
"GROUND LEASES"
SHALL MEAN, COLLECTIVELY, ANY AND ALL GROUND LEASES IN
EFFECT WITH RESPECT TO ANY PORTION OF THE LEASED PROPERTY.
8
1.48
"GUARANTOR"
SHALL MEAN TA AND EACH AND EVERY OTHER GUARANTOR OF TENANT'S
OBLIGATIONS UNDER THIS AGREEMENT, AND EACH SUCH GUARANTOR'S SUCCESSORS AND
ASSIGNS, JOINTLY AND SEVERALLY.
1.49
"GUARANTY"
SHALL MEAN ANY GUARANTY AGREEMENT EXECUTED BY A GUARANTOR IN
FAVOR OF LANDLORD PURSUANT TO WHICH THE PAYMENT OR PERFORMANCE OF TENANT'S
OBLIGATIONS UNDER THIS AGREEMENT ARE GUARANTEED, TOGETHER WITH ALL
MODIFICATIONS, AMENDMENTS AND SUPPLEMENTS THERETO.
1.50
"HAZARDOUS SUBSTANCES"
SHALL MEAN ANY SUBSTANCE:
(A)
THE PRESENCE OF WHICH REQUIRES OR MAY HEREAFTER REQUIRE
NOTIFICATION, INVESTIGATION OR REMEDIATION UNDER ANY APPLICABLE LAW; OR
(B)
WHICH IS OR BECOMES DEFINED AS A "HAZARDOUS WASTE", "HAZARDOUS
MATERIAL" OR "HAZARDOUS SUBSTANCE" OR "POLLUTANT" OR "CONTAMINANT" UNDER ANY
APPLICABLE LAW INCLUDING, WITHOUT LIMITATION, THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C. SECTION 9601 ET SEQ.) AND
THE RESOURCE CONSERVATION AND RECOVERY ACT (42 U.S.C. SECTION 6901 ET SEQ.) AND
THE REGULATIONS PROMULGATED THEREUNDER; OR
(C)
WHICH IS TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, INFECTIOUS,
RADIOACTIVE, CARCINOGENIC, MUTAGENIC OR OTHERWISE HAZARDOUS AND IS OR BECOMES
REGULATED BY ANY