Agmt04 cinema - closing docs - Laserfiche WebLink

Browse Search

. building permit(s) for the Building and Landlord's Work (exclusive of Tenant's Work) .and (y) all Tenant Permit Fees in excess of the Tenant Permit Fee Cap (defined below). "Leasehold Title Policy" mcans a current ALTA form lcaschold title insunmce policy issued to Tenant at Landlord's sole cost (except as provided below) and expense by Lawyers Title Insurance Company (or any other national title' insurance company licensed to underwrite and issue title insurance in the State of California, subject to Tenant's reasonable approval), insuring Tenant's leasehold estate hereunder (specifically including, without limitation, Tenant's rights under the Parking Agreement), in the amount of Ten Million and No/IOO Dollars ($10,000,000.00), subject only to (x) this Lease and other matters arising by, through or under Tenant, (y) matters disclosed in the title commitment and survey delivered to Tenant pursuant to Section 2.3 below, which are not objected to by Tenant within fifteen (15) business days after receipt thereof (together with legible copies of the document identified or referred to therein), and (z) the Non-Disturbance Agreements, with such endorsements thereto as Tenant may -, reasonably request of Landlord within the IS-day period identified above, including without" limitation, a "3.1 Zoning Endorsement," expressly insuring that the Premises may be lawfully operated for the Permitted Use and modified to include the adequacy of parking and to insure against the closure of Tenant's business within the Premises as a consequence of any breach or violation of applicable zoning laws or ordinances. Notwithstanding the foregoing, Tenant shall be responsible for the premiums of the Leasehold Title Policy attributable to any coverage in excess of $10,000,000.00 or attributable to any endorsements not expressly identified above. "Lease Year" means (i) the approximately twelve (12) calendar month period that commences on the Commencement Date and expires on the day immediately preceding the first (1 st) Anniversary of the Commencement Date, and (ii) each successive twelve (12) month period that expires on the day immediately preceding the next following Anniversary of the Commencement Date. "Maximum Controllable CAM Amount" shall mean (A) for the first five (5) Lease Years, an annualized amount equal to $2.00 per square foot of Net Leasable Floor Area of the Premises; and (B) for each subsequent five (5) Lease Year period, an annual amount equal to the Maximum Controllable CAM Amount applicable to the immediately preceding five (5) Lease Year period, increased by the CPI Adjustment or ten percent (10%), whichever is less. With respect to the calendar year in which the Commencement Date occurs or the calendar year at the end of the Initial Term or any Extension Term, the Maximum Controllable CAM Amount shall be adjusted on a per diem basis. "Memorandum" shall mean the memorandum of lease to be executed by Landlord and Tenant and recorded against Landlord's Parcel pursuant to Section 21.7. "Metropolitan Area" shall mean San Mateo County, California. "Net Leasable Floor Area" shall mean the leasable area, whether of the Premises or of other premises in the Center, measured from the interior faces of exterior walls and from the center lines of party or partition walls, exclusive of the following with respect to the Premises: " 8 CHG02:3091375.v8 . -." .....