Agmt04 cinema - closing docs - Laserfiche WebLink

Browse Search

basement and mezzanine levels of the Premises; mechanical penthouses; entranceway vestibule and queuing area outside of the Premises; any elevators, escalators, stairways, corridors, , exitways or passageways required by Landlord or Applicable Laws, that would not have been required if the Premises occupied a one story Ü'ee-slanding structure; slorage and incidental office areas within the Premises (provided that the same are used exclusively in connection with the Premises); and, so long as the Premises is used primarily for the operation of a motion picture theater, projection facility space; and any queuing areas outside of the Premises. The Net Leasable Floor Area of the Center shall include (without limitation) any space (whether or not leased) for retail uses or for non-retail uses such as office space and any space retained or made available by Landlord for the management of the Center, but any space (such as interior Common Areas) which, by design, is not suitable for lease or occupancy by other tenants, shall not be included in the Net Leasable Floor Area of the Center. The Net Leasable Floor Area of the Premises shall be determined and certified to Landlord and Tenant by Tenant's architect, ., within thirty (30) days after the issuance of the building permit for the applicable improvements, based on the final approved plans for the Building. The Net Leasable Floor Area of the retail portions of the Center (other than the Premises) shall be determined and certified to Landlord and Tenant by Landlord's architect, within thirty (30) days after the issuance of the building permit for the applicable improvements, based on the final approved plans for the Center. If any premises within the Center are enlarged or otherwise altered in a manner that would change the Net Leasable Floor Area of such premises, the party making such alteration shall obtain and deliver from such party's architect a certification of the revised Net Leasable Floor Area of the applicable improvements, within thirty (30) days after commencing such enlargement or alteration. If the Premises cease to be used primarily as a motion picture theater, then the Net Leasable Floor Area of the Premises shall be determined in accordance with customary practices for the primary use of the Premises and, if such alternate primary use is retail, then in the same manner as the other retail premises in the Center. In the event that, at any time, either party disputes any such certifications of. the Net Leasable Floor Area of any premises within the Center, such party shall, at its option, be allowed to independently verify the actual Net Leasable Floor Area located within the applicable premises, by measurement performed by a lìcensed architect or engineer, which measurement and the determination of Net Leasable Floor Area pursuant thereto shall be binding on Landlord and Tenant from and after the date both parties receive notice of same, unless the non-verifying party provides written notice to the verifying party within thirty (30) days after such determination that the non-verifying party disagrees with such determination. In the event the non-verifying party provides such notice within such thirty (30)-day period, such disagreement between the parties shall be resolved by arbitration pursuant to Section 18.5 of the Lease; provided, the Net Leasable Floor Area determined by the arbitrators shall be binding on Landlord and Tenant from and after the date ofthe non-verifying party's notice referenced at the beginning of this sentence. "Non-Seasonal Period" shall mean, in any calendar year (i) the period beginning on January 21 and ending on May 15 and (ii) the period beginning on the first Tuesday after Labor Day and ending on the Tuesday before Thanksgiving. 9 CHG02:3091375.v8 . -.^ '.'