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Agmt04 cinema - closing docs
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Agmt04 cinema - closing docs
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Last modified
7/5/2005 2:27:38 PM
Creation date
12/6/2004 9:14:09 AM
Metadata
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Template:
Agreement
Contractor Name
numerous files
PROJECT NAME
Cinema - closing documents from escrow
RMP File Number
100 bin 24
Date
11/29/2004
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<br /> 'the Premises at Street level; (b) in no event shall Landlord, Tenant, or any other tenant or <br /> occupant of the Center be permitted to store'merchandise in the Common Area; and (c) all <br /> 'deliveries to other tenants or, occupants of Center shall not occur in front of any public entrance <br /> to the Building. Landlord further covenants that no leases for space in the Center executed after <br /> the date hereof shall grant any tenant or occupant the right to do anything prohibited by this <br /> Section 12.2, whether or not such tenant or occupant is currently a tenant or occupant of the <br /> Center. <br /> Section 12.3 Parkin2. Neither Landlord nor the City shall charge for theater customer <br /> use of the Parking Facility (subject to the terms of the definition of the "Parking Facility" under <br /> Section 1.2 and the terms of this Section 12.3). Landlord warrants and represents that on the <br /> Commencement Date and thereafter throughout the Term there will be at least the Minimum <br /> Parking Spaces in the Parking Facility as are set forth in Section 1.1 and that, such parking <br /> spaces shall be available to the occupants of the Center (including the Premises) and their <br /> respective patrons on an unreserved, first-come first-served basis without time limitation. Tenant, <br /> shall use all commercially reasonable efforts to cause all employees of Tenant to park their <br /> vehicles in the locations within the Parking Facility by Landlord and Landlord will similarly <br /> obligate the other tenants and occupants of the Center to cause their employees to park their <br /> vehicles within the "Employee's Parking" areas. If, notwithstanding the Redevelopment <br /> Agreement, the Parking Agreement and the applicable provisions of this Lease regarding the use <br /> of the Parking Facility by Tenant's patrons without charge, the City, Landlord or any other <br /> person or entity having control over the Parking Facility charges Tenant's patrons for the use <br /> thereof as contemplated under this Lease, then Tenant shall be entitled to offset the amount <br /> charged against the Base Rent otherwise payable hereunder. <br /> Section 12.4 Chan2es to Center. Landlord shall not change or modify in any material <br /> way the location and configuration of building improvements in the Center the entrances and <br /> exits to the Center and the buildings thereof, or tll0se portions of the roadways and driveways <br /> through the Center or the Common Areas that are under the ownership and/or control of <br /> Landlord (including the Parking Facility) or the number of parking spaces now existing or <br /> planned for the Center as shown on the Site Plan, without first obtaining Tenant's written <br /> approval of such change or modification. Except as shown on the Site Plan or as may be <br /> included in the plans for Landlord's Work approved by Tenant, Landlord shall not locate or <br /> permit the location of (i) any kiosks carts or other permanent or temporary facilities within the <br /> Protected Area or otherwise outside the entrances to the Premises, or (ii) any other improvements <br /> or facilities outside the Premises which materially interfere with the access to or visibility of the <br /> Premises or Tenant's Signs from the public streets located immedÜitely adjacent to the Premises <br /> or the conduct of Tenant's business. The standards for Tenant's approval under this Section 12.4 <br /> for any modification of the Site Plan shall be the same standards that apply for Tenant's approval <br /> of any modification of the Site Plan pursuant to Section 2.2 above. <br /> " <br /> 46 <br /> CHG02:3091375.v!l <br /> ,.. .-, -""-"-.--- <br />
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