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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 /> Final Plans. Within thirty (30) days after Tenant's receipt of such plans and specifications, <br /> Tenant shall, by giving notice to Landlord, either approve such plans and specifications or <br /> disapprove same and specify in detail the reasons for such disapproval. If Tenant gives notice of <br /> its disapproval as above provided, and the parties are unable to agree upon Landlord's Plans <br /> witlún thirty (30) days after Tenant's receipt of Landlord's proposed version of same, Tenant may <br /> terminate this Lease by giving notice to Landlord and neither party shall have any further <br /> obligations to the other, except as otherwise provided in this Lease. <br /> Landlord's Plans and Tenant's Plans are collectively referred to as the "Final Plans" <br /> hereunder. <br /> It shall be reasonable for Tenant to disapprove plans and specifications for Landlord's <br /> Work (or any subsequent modifications thereof) which, if approved, would require or entail a <br /> material change in Tenant's Plans including, without limitation, any reduction in the Net <br /> Leasable Floor Area of the Premises, or in the seating capacity, size or number of the theater <br /> auditoria to be built within the Premises, or any change that would unreasonably impair Tenant's <br /> operations or access to or visibility of Tenant's Premises or Tenant's Signs or any change that <br /> would increase the cost of or delay Tenant's Work. <br /> If and to the extent that changes to Tenant's Plans are required as a consequence of <br /> Landlord's Plans and changes cannot be effected without a change order or other increase to the <br /> Construction Cost of Tenant's Work, Landlord shall be solely responsible for such increased <br /> costs and, in addition to Tenant's general approval rights with respect to Landlord's Plans, <br /> Tenant shall have the right to withhold or condition its approval of Landlord's Plans until Tenant <br /> receives from Landlord adequate assurances and security (as determined by Tenant in its sole <br /> discretion) to ensure payment thereof by Landlord. <br /> Section 3.4 Information to Tenant. Landlord and Tenant shall each instruct their <br /> respective architects, engineers and construction and design professionals to cooperate fully with <br /> the other party's, architect's, engineers and construction and design professionals in providing all <br /> necessary information regarding (i) the site; (ii) the location, size, quantity and availability of <br /> utilities; (iii) smoke and fire detection and protection systems (including sprinklers) utilized in <br /> the balance of the Building ("Landlord's Fire Protection System"); and (iv) such other <br /> information as may from time to time be reasonably requested. Landlord and Tenant <br /> acknowledge and agree that the preparation of plans and specifications by each party as set forth <br /> herein are interrelated and dependent upon the other party's submittals and cooperation. For <br /> example, the ability of Landlord's architect to prepare working drawings is dependent upon <br /> Tenant's Architect first advising Landlord's architect of Tenant's electrical, plumbing and other <br /> requirements and of its floor plan layout. Accordingly, Landlord and Tenant agree that they <br /> shall mutually work together and shall cause their respective architects, engineers and <br /> construction and design professionals to mutually work together to prepare the criteria for the <br /> plans and specifications which will permit their respective architects, engineers and construction <br /> and design professionals to proceed without delay. <br /> Section 3.5 Chane:es in Final Plans. Upon completion and approval of the Final <br /> Plans, such Final Plans shall be deemed incorporated into this Work Letter as if fully set forth <br /> CHG02:3091375.v8 <br /> . ._·.0......_., <br />
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