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<br /> SECOND AMENDMENT TO LEASE AGREEMENT <br /> THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is <br /> made as of September 30,2004 by and between BHV INNISFREE VENTURES I, LLC, a <br /> California limited liability company ("Landlord"), and CENTURY THEATRES, INC., a <br /> California corporation ("Tenant"), successor by merger to Century Theatres, Inc., a Delaware <br /> corporation. <br /> R E C I TAL S: <br /> A. Landlord and Tenant entered into that certain Lease Agreement dated as of <br /> March 18, 2002 (the "Original Lease"), and that certain First Amendment to Lease Agreement <br /> dated as of December 30, 2002 (the "Prior Amendment;" the Original Lease as heretofore <br /> amended is referred to herein as the "Amended Lease") pertaining to certain Premises located on <br /> the second level of the Center known or to be known as "On Broadway" in Redwood City, <br /> California. <br /> B. Landlord and Tenant have agreed to extend certain dates set forth in the Amended <br /> Lease. <br /> NOW THEREFORE, for good and valuable consideration, the receipt, adequacy and <br /> sufficiency of which are hereby acknowledged, the Amended Lease is hereby further modified <br /> and amended, and Landlord and Tenant hereby agree, as follows: <br /> 1) Recitals Incoroorated; Certain Defined Terms. The Recitals set forth above <br /> are incorporated into this Amendment and shall be deemed terms and provisions hereof, the <br /> same as if fully set forth in this Paragraph 1. Capitalized terms that are used but not otherwise <br /> defined herein shall have the respective meanings ascribed to such terms in the Amended Lease. <br /> 2) Extension of Time to Satisfy General Conditions; Landlord's Estate. The <br /> outside date for the satisfaction of the condition described in Section 2.3(e) of the Amended <br /> Lease is hereby extended to December 1, 2004. The parties further acknowledge and agree that <br /> Landlord's Parcel is or shall be comprised of air rights, rather than fee simple in the underlying <br /> land, and the first sentence of Section 2.3( e) of the Amended Lease is hereby amended <br /> accordingly. <br /> 3) Extension of Time to Satisfy Tenant's Work Commencement Condition. The <br /> deadlines for the satisfaction of Tenant's Work Commencement Conditions, as set forth in <br /> Sections 3.1(b) and 3.1(c) of the Amended Lease, are hereby extended in the following manner: <br /> (a) Tenant's Termination Right. In the first sentence of Section 3.1 (b) of the <br /> Amended Lease, the phrase, "within twenty-four (24) months after the Effective Date of <br /> this Lease" shall be deemed deleted and replaced with the phrase, "on or before the first <br /> to occur of (x) eighteen (18) months after the date Landlord acquires the air rights to <br /> Landlord's Parcel, or (y) June 1,2006"; and <br /> ; .. <br /> . ...~ . ' '_H _ ..,...._ "._'_<,"_ ,_.,·__~·m' >'. b__~M"_..·.·"____ .._._. ____~._,._..._... ,,__._._~ _.~u>_·___,··>..__,__ <br />