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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 /> "Environmental Hazard" means any of the following (1) discovery in the Premises or <br /> the Center of any Hazardous Material in violation of any Applicable Law; (2) issuance of any <br /> 'cleanup order by any governmental agency in connection with any Hazardous Material present <br /> within the Center in violation of Applicable Law; (3) issuance by any court or governmental <br /> agency of any order or judgment permanently or temporarily closing down the Premises or any <br /> other part of the Center as a result of any Hazardous Material present within the Center in <br /> violation of Applicable Law; or (4) the performance of any work for the purpose of remedying <br /> any Hazardous Material present within the Center in violation of Applicable Law. <br /> "Environmental Laws" shall mean all current and future federal, state and local statutes, <br /> regulations, ordinances and rules relating to (1) the emission, discharge, release or threatened <br /> release of a Hazardous Material into the air, surface water, groundwater or land; (2) the <br /> manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, <br />" removal, remediation or investigation of a Hazardous Material; or (3) the protection of human <br />" health, safety or the indoor or outdoor environmental, including without limitation, the Clean Air, <br /> Act, the Federal Water Pollution Control Act, the Resource Conservation and Recovery Act, the <br /> Comprehensive Environmental Response, Compensation and Liability Act, the Occupational <br /> Safety and Health Act, all amendments thereto, all regulations promulgated thereunder, and their <br /> state statutory and regulatory counterparts. <br /> "Extension Term" shall mean each additional five (5) Lease Year extension of the <br /> Initial Term of the Lease as extended pursuant to Section 3.3 hereof.' <br /> "FF &E" shall mean the furniture, trade fixtures and removable equipment installed in the <br /> Building from time to time by Tenant, including (without limitation) the items described in <br /> Exhibit F attached hereto. <br /> "Final Plans" shall have the meaning given such term in Section 3.3 of the Work Letter. <br /> "Force Majeure" shall have the meaning given such term in Section 21.15. <br /> "Four Wall Deal" shall mean, a bona fide transaction where a third party (i.e., a party <br /> that is not a Tenant Affiliate) is permitted to use the Premises or one or more auditorium therein <br /> on a limited-engagement basis either for a fixed fee or where (as in so-called "90-10" <br /> transactions) Tenant retains only a specified percentage of ticket revenues and a third-party is <br /> entitled to the balance of the ticket revenues. Notwithstanding the foregoing, 'however, Four <br /> Wall Deals shall not include any arrangement intended as a subterfuge or otherwise for the <br /> purpose of avoiding or minimizing Gross Sales. <br /> "Governmental Authority" shall mean any federal, state, municipal or local <br /> governmental authority, agency or board or any division thereof. <br /> "Governmental Requirements" shall mean those Applicable Laws which relate to the <br /> development, construction, occupancy or use of the Premises or the Center for, their intended <br /> uses. <br /> .' <br /> 6 <br /> CHG02:3091375,v8 <br /> . -,........ <br />
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