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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 /> execution of the Memorandum by anyone other than Landlord. Upon termination of the Lease, <br /> Tenant shall, immediately upon Landlord's request, execute such instruments in recordable form <br /> as are reasonably requested by Landlord to remove the effects of the Lease and any <br /> Memorandum from record title to the Center. <br /> Section 21.8 Estoppel Certificate. At any time, upon not less than fifteen (15) days' <br /> prior request by Landlord, Tenant shall execute and deliver to Landlord an estoppel certificate <br /> substantially in the form of Exhibit G attached hereto. At any time, upon not less than fifteen <br /> (15) days' prior request by Tenant, Landlord shall execute and deliver to Tenant an estoppel <br /> certificate containing assurances substantially similar to the assurances contained in Exhibit G. <br /> Neither Landlord nor Tenant shall unreasonably refuse to execute customary estoppel certificates <br /> in forms other than the form of Exhibit G. <br /> Section 21.9 No Continuine: Waiver. No waiver of any default hereunder shall be <br /> implied from any omission by either party to take any action on account of such default if such <br /> default persists or is repeated, and no express waiver shall affect any default other than the <br /> default specified in the express waiver, and then only for the time and to the extent therein stated. <br /> No delay or omission by either party hereto to exercise any right or power accruing upon any <br /> non-compliance or default by the other party with respect to any of the terms hereof, or <br /> otherwise accruing hereunder, shall impair any such right or power or be construed to be a <br /> waiver thereof. One or more waivers of any breach of any covenant, term or condition of this <br /> Lease shall not be construed as a waiver of any subsequent breach of the same covenant, term or <br /> condition. The consent or approval by a party to or of any act by the other party requiring the <br /> former party's consent or approval shall not be deemed to waive or render unnecessary such <br /> former party's consent or approval to or of any subsequent similar acts by the other party <br /> Section 21.10 Entire Áe:reement. All Exhibits attached to this Lease are incorporated <br /> herein in their entirety. This Lease and the Exhibits attached hereto include the entire agreement <br /> of the parties concerning the subject matter hereof. Without limiting the foregoing, the Work <br /> Letter attached hereto and made a part hereof as Exhibit D shall be deemed incorporated herein <br /> in its entirety, and Landlord and Tenant covenant and agree to undertake and perform their <br /> respective obligations and agreements thereunder. All prior agreements of Landlord and Tenant <br /> with respect to the subject matter hereof (whether oral or written) are hereby merged into this <br /> Lease. No change, amendment or addition to this Lease (or the Exhibits attached hereto) shall be <br /> effective unless in writing and signed by both parties. <br /> Section 21.11 Captions. The captions of this Lease are for convenience and reference <br /> only and shall not be deemed or construed to define, limit or describe the scope or intent of this <br /> Lease or affect its interpretation or construction. <br /> Section 21.12 Bindine: Effect. The covenants contained in this Lease shall apply to, <br /> inure to the benefit of, and be binding upon the parties hereto and their respective successors and <br /> assigns, except as expressly otherwise hereinabove provided. <br /> 71 <br /> CHG02:3091375.v8 <br /> . .--.......,."" <br />
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