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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 /> "Common Area" shall mean all areas within the exterior boundaries of the Center and <br /> owned by Landlord (or the City, with respect to the Parking Facility) which are now or héreafter <br /> 'made available for general use, convenience and benefit of tenants and their customers, <br /> including, without limitation, the Entranceway, the Parking Facility and all other parking areas <br /> within the Center, all driveways, sidewalks and landscaped and planted areas. The Common <br /> Areas shall be configured substantially as shown on Exhibit A-I hereto. <br /> "Common Area Expenses" shall have the meaning given such term in Section 5.2, <br /> subject to the limitations in Section 5.3, and shall specifically include, without limitation or <br /> duplication, the Common Area Special Expenses (defined below). <br /> "Common Area Special Expenses" shall mean and be limited to the actual, reasonable <br /> out-of-pocket costs and expenses paid by Landlord to third parties for: (i) water, sewer, <br /> electricity and gas supplied to Common Areas, provided that any such utility service that is <br />" furnished by Landlord or a Landlord Affiliate to the Common Area shall be included as" <br /> Common Area Special Expenses (and Common Area Expenses) only to the extent that the rates <br /> and charges therefor do not exceed the rates and charges typically paid to public utilities <br /> providing similar services in the Metropolitan Area; and (ii) insurance premiums for the <br /> insurance policies required to be maintained by Landlord pursuant to Section 7.1 (b) hereof. <br />I <br /> "CPI" shall mean the Consumer Price Index, All Urban Consumers (CPI-D), D.S. City <br /> Average, All-Items Index (11982-84 = 100) as published by the Bureau of Labor Statistics, <br /> United States Department of Labor. If at any time during the Term of this Lease, the United <br /> States Bureau of Labor Statistics discontinues the issuance of such Index, or such Index shall be <br /> superseded as the generally accepted cost-of-living index, then "CPI" shall mean the successor <br /> cost-of-living index or any other standard nationally recognized cost-of-living index agreed upon <br /> by Landlord and Tenant. If any monthly CPI is not available for use, the CPI as issued and <br /> published for the earliest preceding month shall be used. If the CPI ceases to be published on a <br /> monthly basis, then the shortest stated period for which it is published shall be used for purposes <br /> of this Lease. <br /> "CPI Adjustment" shall mean the process (and result) of adjusting a monetary figure by <br /> the percentage increase in the CPI over a period of time, which shall be calculated by <br /> multiplying the monetary figure in question (e.g., Base Rent or Maximum Controllable CAM <br /> Amount) by a fraction (expressed as a percentage) the numerator of which is the CPI for the <br /> calendar month two (2) months prior to the date of adjustment, and the denominator of which is <br /> the CPI for the calendar month two (2) months prior to the previous date of adjustment. <br /> "Entranceway" shall mean the entranceway area on the ground floor of the Building, <br /> which shall provide access to the theater Premises from the sidewalks adjacent to the Building <br /> (via the Required Vertical Transportation), and which will be located and configured as shown <br /> on the Site Plan attached hereto. The Entranceway shall be Common Areas, rather than part of <br /> the Premises, but shall not be accessible or available for use by any tenants or occupants of the <br /> Center other than Tenant. <br /> o' <br /> S <br /> CHG02:3091375.v8 <br /> . ---^.......... <br />
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