Agmt04 cinema - closing docs - Laserfiche WebLink

Browse Search

Further, if.a Parking Facility Unavailability Event continues for more than twelve (12) consecutive months or more (whether or not Tenant continues to operate its business during such period and whether or not Alternate Parking is provided), then Tenant shall have the right to terminate this Lease upon notice of such election given to Landlord. The 12-month period specified in the preceding sentence shall not be subject to extension for delays caused by Force Majeure pursuant to Section 21.15 or otherwise. Such notice shall specify the nature of the Parking Facility Unavailability Event and the effective date of the termination, which shall be not less than thirty (30) days after the date of the notice, but shall be void and ineffective if Landlord cures (or causes the City to cure) the Parking Facility Unavailability Event prior to the specified effective date of the termination notice. If Tenant elects to terminate this Lease pursuant to this Section 9.1 (g), then Landlord shall pay to Tenant the Unamortized Tenant Costs (as defined in Section 19.3 and as certified by Tenant to Landlord concurrently with Tenant's -. termination notice) on or before the termination date specified in Tenant's termination., notice. Tenant's termination right under this Section 9.1(g) shall be in addition to Tenant's right to pay Alternate Rent as provided above. Section 9.2 Tenant's Maintcnancc and Rcpairs. Tenant, at its sole cost and expense, shall keep Tenant's FF&E, all mechanical equipment exclusively serving the Premises which are installed by Tenant as part of Tenant's Work, and the interior of the Premises in clean, sanitary and safe condition and in good order and repair, which, so long as the Premises are operated as a movie theater, shall be consistent with the maintenance standards of other first- class movie theaters in the Metropolitan Area. Without limiting Tenant's maintenance obligations hereunder, all exterior signs of Tenant shall be kept and maintained by Tenant, at Tenant's sole cost and expense, in such order, condition and repair as is commensurate with the maintenance standards that Landlord must adhere to with respect to the Common Area pursuant to Section 9.l(b). This Section 9.2 shall not require Tenant to furnish labor or materials or to perform any obligations required of Landlord by any other provision of this Lease. Except as provided in Section 9.1, Tenant shall replace all broken glass in the Premises with glass of the same weight and quality. Tenant shall pay for its own trash removal services to the extent said services are solely used by Tenant in accordance with Section 5.8 above. Section 9.3 HVAC System. The Premises shall be served by a separate heating, ventilating and air conditioning ("HV AC") system devoted to the exclusive use of the Premises, which shall be installed by Tenant at Tenant's sole cost and expense as a part of Tenant's Work and thereafter shall be maintained by Tenant at Tenant's sole cost and expense. Section 9.4 Other Tenants and Occupants. Once Landlord has been advised by Tenant of nuisance, disturbance, loss, damage, or destruction Tenant is suffering due to an act or failure to act of any other tenant or occupant of the Center (including, without limitation, noise, vibration or cooking odors originating from premises within the Center (other than the Premises) being discernible within the Premises in any material respect), Landlord shall take all reasonable action permitted by law, including the institution and diligent prosecution of legal proceedings, to prevent any further loss, damage or destruction from occurring to Tenant's property and . 40 CHG02:3091375.v& . ---......-.'^