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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 21.18 Anti-Mere:er. The voluntary or otherwise surrender of this Lease by <br /> Tenant, or a mutual cancellation of this Lease shall not work a merger but shall at the option of <br /> Landlord either: (i) terminate any existing subleases or subtenancies; or (ii) operate as an <br /> assignment to Landlord (and assumption by Landlord) of any subleases or subtenancies. <br /> Section 21.19 Limitation on Liability. The Landlord under this Lease is a California <br /> limited liability company; and the trustees, officers, agents and employees of Landlord have no <br /> power to bind its shareholders personally, and no obligation of Landlord shall be binding <br /> personally upon its shareholders, trustees, officers, agents, employees or owners (regardless of <br /> the method by which Landlord holds title to the Center). All persons dealing with Landlord, its <br /> trustees, officers, agents, employees or representatives shall look solely to Landlord's interest in <br /> the Center for satisfaction of claims of any nature arising in connection with the affairs of <br /> Landlord; except, however, that Landlord (but not its shareholders, trustees, officers, agents, <br /> employees or owners) shall be liable for any breach or inaccuracy of Landlord's express <br /> representations and warranties hereunder, for Landlord's express reimbursement obligations <br /> under Article 2 and Section 3.1 and for any breach of Landlord's covenant of quiet enjoyment. <br /> Section 21.20 Tenant's Operation. Nothing contained in this Lease or in rules or <br /> regulations (if any) promulgated by Landlord shall be deemed in any way (i) to regulate the <br /> manner of operation by Tenant of its business or the hours or days such operation or (ii) to give <br /> Landlord any censorship right, express or implied, over any attractions exhibited by Tenant or <br /> over the content of Tenant's advertising. <br /> Section 21.21 Promotional Activities. Notwithstanding anything to the contrary <br /> contained in this Lease (but subject to the inclusion of certain advertising and promotion costs in <br /> "Common Area Expenses" pursuant to Section 5.2), Tenant shall not be obligated to pay any <br /> "dues" or otherwise contribute to any promotional activities or advertising of the Center, any <br /> promotional fund or merchants' association. <br /> Section 21.22 Business Davs. Any references in this Lease to "business days" refer to <br /> days other than a Saturday, Sunday or a legal holiday under the laws of the United States or the <br /> State of California. <br /> Section 21.23 Counterparts. This Lease may be executed in any number of identical <br /> counterparts, each of which shall be deemed an original and all of which, taken together, shall <br /> constitute one and the same instrument. <br /> Section 21.24 [Intentionally Omitted] <br /> 73 <br /> CHG02:3091375.v8 <br /> . "_... -""', <br />
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