Agmt04 cinema - closing docs - Laserfiche WebLink

Browse Search

respect impair Tenant's rights and privileges hereunder or increase Tenant's obligations hereunder. If any mortgagee, beneficiary or ground lessor shall elect to have the Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Tenant, the Lease shall be deemed prior to such mortgage, deed of trust or ground lease, whether the Lease is dated prior or subsequent to the date of said mortgage, deed of trust, or ground lease or the date of the recording thereof. Section 21.2 Notices. Any notice, request or demand to be given pursuant to this Lease, shall be in writing and shall be sent by United States certified mail, return receipt requested, or delivered by a reputable overnight courier delivery service, addressed to Landlord or Tenant, as the case may be, at the address set forth in Article 1. All such notices, requests and demands shall be deemed given upon receipt of the addressee (or upon wrongful refusal of attempted delivery). Either party may, by notice, designate different addressees or addresses for notices, requests or demands to it. Section 21.3 Invalid Provisions. The invalidity and unenforceability of any provision of this Lease shall not affect or impair any other provision. Section 21.4 Interlineation. Whenever in this Lease any printed portion has been stricken out, whether or not any relative provision has been added, this Lease shall be construed as if the material so stricken was never included herein and no inference shall be drawn from the material so stricken out which would be inconsistent in any way with the construction or interpretation which would be appropriate if such material were never contained herein. Section 21.5 Joint Preparation. This Lease is to be deemed to have been prepared jointly by the parties hereto and any uncertainty or ambiguity existing herein, if any, shall not be interpreted against any party, but shall be interpreted according to the application of the rules of interpretation for arm's-length agreements. Section 21.6 Relationship of Parties. Nothing contained in this Lease shall be construed to create the relationship of principal and agent, partnership, joint venture or any other relationship between the parties hereto other than the relationship of landlord and tenant. Nothing contained herein shall in any way impose any liability upon the stockholders, officers or directors of Landlord or stockholders, officers, directors or trustees of Tenant should such parties be corporate entities. Section 21.7 Short Form Lease; Consent to Lease. This Lease shall not be recorded. Landlord and Tenant will, at the request of either, enter into and record a short form memorandum of lease against the legal parcel(s) containing the Center (except those portions that are not affected by Tenant's easement rights pursuant Section 2.1 or by the provisions of Sections 13.2 and 13.5), in recordable form (the "Memorandum"). The provisions of the Memorandum described in this Section 21.7 shall be subject to the approval of Landlord and Tenant, which approval shall not be unreasonably withheld. Without limiting the provisions of the immediately preceding sentence, in no event shall the Memorandum disclose any of the rental amounts payable under the Lease. Landlord shall have no obligation to obtain the 70 CHG02:3091375.v8 . -"."...--