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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 /> omissions of Landlord or Landlord's agents, tenants (other than Tenant), employees or <br /> contractors (referred to as "Landlord's Environmental Acts"). This indemnification by <br /> Landlord of Tenant includes any reasonable costs incurred in connection with any <br /> investigation of site conditions or any clean up, remedial, removal or restoration work <br /> required by any governmental agency because of the presence of such Hazardous <br /> Materials due to Landlord's Environmental Acts. Landlord shall promptly notify <br /> Landlord of any Environmental Hazard in or around the Center, which Landlord becomes <br /> aware of during the Term of this Lease, caused by Landlord's Environmental Acts. <br /> (b) Reporting Requirement. Landlord shall promptly notify Tenant of, and <br /> shall promptly provide Tenant with copies of the following environmental items relating <br /> to the Center which may be filed or prepared by or on behalf of, or delivered to or served <br /> upon, Landlord (excluding those which may be reasonably considered confidential): all <br /> orders, reports, listings and correspondence of or concerning the release, investigation of, <br /> compliance, clean up, remedial and corrective actions, and abatement of Hazardous <br /> Materials whether or not required by any Applicable Laws, including, reports and notices <br /> required by or given pursuant to any Applicable Laws, and all complaints, pleading and <br /> other legal documents filed against Landlord related to Landlord's use, handling, storage <br /> or disposal of Hazardous Materials. In the event of a release of any Hazardous Materials <br /> in violation of Applicable Laws in, on or about the Center, Landlord shall promptly <br /> notify Tenant and provide Tenant with copies of all reports and correspondence with or <br /> from all governmental agencies, authorities or any other persons relating to such release <br /> (excluding those which may be reasonably considered confidential). <br /> (c) Environmental Actions. Tenant may join and participate in any legal <br /> proceedings or actions initiated in connection with any claims or causes of action arising <br /> out Landlord's Environmental Acts which results in (i) injury to or any contamination of <br /> the Premises, or (ii) injury to or contamination of any real or personal property of Tenant <br /> within the Center. Landlord, at its sole cost and expense, shall promptly take all actions <br /> necessary to return the Center to the condition existing prior to the introduction of such <br /> Hazardous Materials to the Center and to remedy or repair any such injury or <br /> contamination. Notwithstanding the foregoing, Landlord shall not, without Tenant's <br /> prior written consent, which consent shall not be unreasonably withheld or denied or <br /> conditioned or delayed, take any remedial action in response to the presence in violation <br /> of Applicable Laws of any Hazardous Materials in, on, under or about the Center or enter <br /> into any settlement agreement, consent decree or other compromise with any <br /> governmental agency with respect to any Hazardous Materials claims; provided, <br /> however, Tenant's prior written consent shall not be necessary in the event that the <br /> presence of Hazardous Materials in, on, under or about the Center (i) poses an immediate <br /> threat to the health, safety or welfare of any individual or (ii) is of such nature that an <br /> immediate remedial response is necessary and it is not possible to obtain Tenant's <br /> consent before taking such action; and provided further that Tenant's consent shall not be <br /> required in connection with the remediation of any Hazardous Materials identified in the <br /> Environmental Reports. <br /> 66 <br /> CHG02:3091375.v8 <br /> . .-.....,.,,- <br />
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