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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 /> respect that affects Tenant or the operation of the Premises, without Tenant's prior. written <br /> consent, which consent shall not be unreasonably withheld or delayed. <br /> "Required Vertical Transportation" shall mean all elevators, stairways, at least two (2) <br /> escalators and other means of vertical access to, from and between the Premises and the <br /> entrances and exits to the Building, as shown on or inferable from the Site Plan or the Final <br /> Plans. <br /> "Seasonal Periods" shall mean (i) the period beginning on May 16 through Labor Day <br /> (ii) the period beginning on the Wednesday before Thanksgiving and ending on January 20 next <br /> following. <br /> "Site Plan" shall mean, collectively, Exhibit A-I attached hereto (subject to Section <br />., 2.3(c) below) and Exhibit A-2 attached hereto. <br />,. <br /> "Tax' Year" shall mean, in general, the fiscal year for Real Estate Tax purposes <br /> established, from time to time, by a taxing authority having jurisdiction over any part of the <br /> Center. At the present time, the Tax Year for the municipality in which the Premises are located <br /> is the twelve (12) month period beginning July 1. As used herein, Real Estate Taxes "for" a <br /> particular Tax Year shall mean the Real Estate Taxes accruing during such Tax Year, regardless <br /> of when such Real Estate Taxes are payable. <br /> "Tax Parcel" shall mean the portion of Landlord's Parcel that is depicted as "Block One" <br /> on the Site Plan, together with all improvements thereon, including (without limitation) the <br /> Building. <br /> "Tenant Affiliate" shall mean an entity that controls, is controlled by, or is under <br /> common control with Tenant; for purposes of this definition, control shall mean the direct or <br /> indirect ownership of more than fifty percent (50%) of the beneficial interest in the entity in <br /> question. <br /> "Tenant Permit Fees" shall mean any and all "design review" "building permit," <br /> "development," "impact" and other fees and charges, however designated (including, without <br /> limitation, building permit fees, traffic, parking and similar impact fees, and all so-called "tap- <br /> in," "hook-up" and connection fees and capacity fees relative to water, sewer and other utility <br /> service provided to the Premises), that are levied, charged or assessed by the City or any other <br /> Governmental Authority and are attributable to the entitlements for the Premises, the <br /> performance of Tenant's Work and/or the initial occupancy of the Premises, including any such <br /> fees and charges payable as a condition to obtaining the building permit for Tenant's Work. As <br /> part of Tenant's Work, Tenant shall be responsible for all Tenant Permit Fees up to an aggregate <br /> amount of the Tenant Permit Fee Cap. Pursuant to Section 1.4 of the attached Work Letter, <br /> Landlord shall be responsible for all Tenant Perinit Fees in excess of the Tenant Permit Fee Cap. <br /> "Tenant Permit Fee Cap" shall mean the aggregate amount of Four Hundred Five <br /> Thousand Seven Hundred Twenty and No/IOO Dollars ($405,720.00). <br /> " <br /> 12 <br /> CHG02:3091375.v8 <br /> . - <br />
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