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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 /> Tenant or adjudication of Tenant as insolvent or bankrupt (unless such petition or <br /> adjudication is vacated or dismissed within 45 days after the filing or entry thereot); or a <br /> general assignment by Tenant for the benefit of creditors; or the appointment of a <br /> receiver (except a receiver appointed at the request of Landlord) to take possession of all <br /> or substantially all of the assets of Tenant (unless such appointment is vacated or reversed <br /> within 45 days after the date of appointment); <br /> (c) Other Defaults. Default in the performance of any other covenant or <br /> condition of this Lease on the part of Tenant to be performed for a period of thirty (30) <br /> days after written notice from Landlord of such default; provided, however, if the nature <br /> of the default is such that it cannot be cured practicably within thirty (30) days but Tenant <br /> commences the curing within thirty (30) days after notice from Landlord and thereafter <br /> diligently prosecutes the curing, then the cure period shall be extended for the amount of <br /> time practicably required to effect the cure. <br /> Section 18.2 Landlord's Remedies. Upon the occurrence of any Event of Default by <br /> Tenant hereunder, Landlord may, at its option and without any further notice or demand (except <br /> as expressly provided herein or required by Applicable Laws), in addition to any other rights and <br /> remedies given hereunder or by law or equity, do any of the following: <br /> (a) Termination of Lease. Landlord shall have the right at any time thereafter <br /> to give notice of termination to Tenant, and on the date specified in such notice (which <br /> shall not be less than ten (10) days after the giving of such notice), unless the <br /> circumstances giving rise to the Event of Default are cured on or before such date, this <br /> Lease shall terminate and come to an end as fully and completely as if such date were the <br /> day herein definitely fixed for the expiration of this Lease, and Tenant shall remain liable <br /> as hereinafter set forth. In the event of any such termination of this Lease, Landlord may <br /> then or at any time thereafter, re-enter the Premises by summary proceedings or other <br /> judicial process and remove therefrom all persons and property and again repossess and <br /> enjoy the Premises, without prejudice to any other remedies that Landlord may have by <br /> reason of Tenant's default or of such termination. <br /> (b) Re-Entrv into Premises. Landlord shall have the right, without <br /> terminating this Lease, upon ten (10) days prior written notice during which time the <br /> circumstances giving rise to the Event of Default are not cured, to pursue the remedy <br /> described in Section 1951.4 of California Civil Code, which provides that a lessor may <br /> continue the lease in effect after a lessee's breach and abandonment and recover rent as it <br /> becomes due, if lessee has the right to sublet or assign, subject only to reasonable <br /> limitation. <br /> (c) Notices. The notices specified in Section 18.2(a) and Section 18.2(b) shall <br /> be in addition to any notices required under Section 18.1. <br /> 58 <br /> CHG02:3091375.v8 <br /> . -~,._",..~.. <br />
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