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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 /> Section 21.13 Reasonable Consent. Unless otherwise expressly provided in this Lease, <br /> the parties shall be reasonable whenever their consent or approval is required, and such approval <br /> or consent shall not be unreasonably delayed. In the event that any such consent, approval or <br /> permission is specifically withheld, the withholding party shall set forth in writing its reasons for <br /> doing so. <br /> Section 21.14 Broker's Commissions. Each party represents and warrants to the other <br /> party that it has not engaged or worked with any broker in connection with this Lease except the <br /> broker( s), if any, listed in Section 1.1, and each party agrees to indemnify the other party and <br /> hold it harmless from any and all liabilities arising from any breach of the foregoing <br /> representations and warranties including claims for brokerage commissions and finder's fees and <br /> including the non-breaching party's attorneys' fees; such agreement shall survive the termination <br /> of this Lease. Landlord hereby agrees to pay (x) all fees and commissions owing to its respective <br /> Broker listed in Section 1.1, and (y) fees and commissions in the amount of $2.25 per square foot <br /> of Net Leasable Floor Area in the Premises owing to Tenant's Broker listed in Section 1.1 above. <br /> Section 21.15 Unavoidable Delays. In the event that either party shall be delayed or <br /> hindered in or prevented from the performance of any act required hereunder by reason of Act of <br /> God, strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive <br /> governmental laws or regulations, riots, insurrection, war or other reason of a similar or <br /> dissimilar nature not the fault of or within the reasonable control of such party (collectively, <br /> "Force Majeure"), except as expressly provided herein, performance of any such act shall be <br /> extended for a period equivalent to the period of such delay. The foregoing shall not apply to <br /> Sections 3.1 and 8.2 above, nor to Landlord's covenant of quiet enjoyment, nor Landlord's <br /> obligation (if any) to join in the execution of permits and licenses necessary for the conduct of <br /> Tenant's business in the Premises. Lack of money shall not be deemed to be a cause beyond <br /> either party's control. <br /> Section 21.16 Submission of Lease. This Lease shall not be binding upon either party <br /> hereto unless and until executed by both Landlord and Tenant (subject to Section 21.23 below) <br /> and delivered to both parties. The submission by Tenant to Landlord of this Lease shall have no <br /> binding force or effect, shall not constitute an option for the leasing of the Premises, nor confer <br /> any rights or impose any obligations upon either party until the execution thereof by Landlord <br /> and the delivery of an executed original copy thereof to Tenant. <br /> Section 21.17 Attorneys' Fees. If, Landlord or Tenant institute any action or <br /> proceeding against the other relating to the provisions of this Lease or any default hereunder, or <br /> if either party invokes the arbitration procedures of Section 18.5, the non-prevailing party in <br /> such action or proceeding (as determined by the court or arbitrators, as the case may be) agrees <br /> to reimburse the prevailing party for the reasonable expenses of such action, including <br /> reasonable attorneys' fees and disbursements incurred by the prevailing party, regardless of <br /> whether the action or proceeding is prosecuted to judgment. The term "attorneys' fees" wherever <br /> used in this Lease, shall mean only the reasonable charges for services actually performed and <br /> rendered, of independent, outside legal counsel who are not the employees of the party in <br /> question. <br /> 72 <br /> CHG02:3091375.v8 <br /> . _..........._4>' <br />
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