Addendum

TXR 2106 — Commercial Lease Addendum for Percentage Rent

This addendum adds a percentage rent obligation to a commercial lease, requiring the tenant to pay additional rent based on a percentage of gross sales that exceed a specified threshold. It defines gross sales, establishes the percentage rental rate and breakpoint, requires monthly sales reporting w

Source: TXR
Form Number: 2106
Category: Addendum
Revised: July 8, 2022

Used For

COMMERCIAL_LEASING

Form Outline

The TXR 2106 form is organized into the following sections:

  1. Gross Sales Definition
    Defines gross sales as all business receipts from the premises (merchandise, products, services), excluding sales/excise taxes, with credit sales counted at full price in the month of the transaction.
  2. Percentage Rent Calculation
    Percentage rent is calculated monthly as the specified rate times prior month gross sales exceeding either the base monthly rent (natural break) or a custom breakpoint, due by the 10th of each month.
  3. Monthly Sales Reporting
    Tenant must submit monthly gross sales statements and copies of all governmental sales/excise tax reports along with each percentage rent payment.
  4. Books and Records / Audit Rights
    Requires tenant to maintain accurate gross sales records and grants landlord unrestricted audit access during business hours.
  5. Annual Reconciliation
    Annual true-up comparing total yearly gross sales times the percentage rate against actual percentage rent paid, with deficiency or refund as appropriate.
  6. Special Provisions
    Space for additional percentage rent terms.

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