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Stop & Shop, Inc. (P) leased a supermarket from Ganem (D). The minimum rent was $22,000 a year plus 1.25% of all gross sales above $1,269,230.60 made each year if total sales exceeded $3,000,000 that year. The lease term was for 13 years. P had operated the market for ten years, and the percentage rent clause was paid on only two occasions. P desired to discontinue its supermarket on the premises, but fully intended to continue paying the fixed rent rate until the end of the lease. P sought declaratory relief so that it could close its premises.

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