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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 /> to the remedies set forth in this Lease without further notice, as if no grace period ever <br /> existed. <br /> (g) Enforcement. Judgment upon the arbitrator's award may be had and <br /> enforced in any court of law or equity having jurisdiction over the parties. <br /> Section 18.6 Default bv Landlord. <br /> (a) Default and Remedies. An "Event of Default" by Landlord shall occur if: <br /> (i) Landlord fails to pay to Tenant any amounts due by Landlord hereunder and such <br /> failure continues for ten (10) days after written notice from Tenant, or (ii) Landlord shall <br /> be in default in the performance of any other covenant or condition of this Lease on the <br /> part of Landlord to be performed for a period of thirty (30) days after written notice from <br /> Tenant of such default; provided, however, if the nature of the default is such that it <br /> cannot be cured practicably within thirty (30) days, but Landlord commences the curing <br /> within thirty (30) days after notice from Tenant and thereafter diligently prosecutes the <br /> curing, then the cure period shall be extended for the amount of time practicably required <br /> to effect the cure. Copies of all notices of default or termination and/or demands for <br /> reimbursement or offset that are served by Tenant upon Landlord shall be sent <br /> concurrently to each Mortgagee; and the curing of a default by any Mortgagee shall be <br /> deemed to be effective curing by Landlord. If an Event of Default by Landlord shall <br /> occur, then, in addition to any and all other remedies available to Tenant at law, in equity <br /> or pursuant to the terms hereof, Tenant may at its option incur the expense necessary to <br /> perform said obligation of Landlord. If Tenant shall incur any expense, including <br /> reasonable attorneys' fees, in instituting, prosecuting or defending any action or <br /> proceedings instituted by reason of any Event of Default by Landlord, then Landlord <br /> shall reimburse Tenant upon demand for the reasonable amount of such expense, with <br /> interest at the Interest Rate from and after the date of demand. If Tenant shall recover <br /> judgment against Landlord for failure to perform Landlord's obligations under this Lease, <br /> or if the matter is submitted by Tenant to arbitration in accordance with Section 18.5 and <br /> it is determined that Tenant was entitled to incur such expense, then in either event, <br /> Tenant may offset the amount of such judgment or award remaining unpaid, with interest <br /> at the Interest Rate, against Base Rent and other charges coming due hereunder. Except <br /> as expressly provided to the contrary in the Lease, Tenant hereby waives all right to make <br /> repairs at the expense of Landlord (except as may be otherwise expressly provided to the <br /> contrary in this Lease), and Tenant hereby waives all rights provided for by Sections <br /> 1932(i), 1941 and 1942 of the Civil Code ofthe State of California to make repairs. <br /> (b) Termination. Except as expressly provided herein to the contrary, Tenant <br /> shall not have the right to terminate this Lease as a consequence of an Event of Default <br /> by Landlord hereunder. Further, except for Tenant's express termination rights granted <br /> herein, Tenant shall not be entitled to terminate this Lease as a consequence of Event of <br /> Default by Landlord unless the underlying Event of Default materially and adversely <br /> affects Tenant's ability to do business within the Premises (or affects Tenant's use of the <br /> Parking Facility and other Common Areas as contemplated hereunder in a manner that <br /> 63 <br /> CHG02:3091375.v8 <br /> . -..,.".-..- <br />
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