Agmt04 cinema - closing docs - Laserfiche WebLink

Browse Search

materially and adversely affects Tenant's ability to do business within the Premises) and continues to remain uncured fifteen (15) days after notice to Landlord (and to each Mortgagee) (or such longer period as may otherwise be expressly provided in this Lease) that Tenant intends to exercise its right to terminate this Lease, subject to the following provisions of this Section 18.6(b ). Such notice shall be in addition to any notice of default and cure period given pursuant to Section l8.6(a). Upon the expiration of such fifteen (15)-day period, Tenant shall give notice of Landlord's default to then existing holders and beneficiaries under any mortgage or deed of trust affecting the Center or the Premises for which Landlord has provided Tenant the name of address with directions to send notices of default (collectively referred to as "Mortgagees"). Upon receipt of such notice, such Mortgagees shall have thirty (30) days to cure such Event of Default (or if such Event of Default is incapable of being cured in a reasonable manner within such thirty (30)-day period, then such additional period of time as is reasonably required to cure such default), and if the underlying Event of Default is not so cured, then at Tenant's option (and without prejudice to any other rights or remedies of Tenant at law, in equity or pursuant to the terms of this Lease) this Lease shall be terminated. This Section l8.6(b) shall not impair or otherwise apply to any remedy of Tenant other than Tenant's right to terminate this Lease. ARTICLE 19 ENVIRONMENTAL Section 19.1 Tenant's Responsibilities. (a) General Covenant. Tenant shall not cause or permit any Hazardous Materials to be brought upon, stored, used, generated, released into the environment or disposed of in the Premises or the Center in violation of any Applicable Law. Tenant hereby indemnifies and defends Landlord and agrees to hold Landlord harmless from and against any and all claims, judgments, damages, liabilities and losses which arise from the presence of Hazardous Materials in the Premises or the Center in violation of Applicable Law which are brought upon, stored, used, generated or released into the environment by or through the acts or omissions of Tenant or Tenant's agents, subtenants, employees or contractors (referred to as "Tenant's Environmental Acts"). This indemnification by Tenant of Landlord includes any reasonable costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any governmental agency because of the presence of such Hazardous Materials due to Tenant's Environmental Acts. Tenant shall promptly notify Landlord of any Environmental Hazard in or about the Premises or the Center, which Tenant becomes aware of during the Term of this Lease, caused by Tenant's Environmental Acts. (b) Reporting Requirement. Tenant shall promptly notify Landlord of, and shall promptly provide Landlord with copies of the following environmental items relating to the Premises or the Center which may be filed or prepared by or on behalf of, 64 CHG02:3091375.v8 . ----...,'.-