Agmt04 cinema - closing docs - Laserfiche WebLink

Browse Search

foregoing items within thirty (30) days after receipt from Landlord (with respect to the Environm~ntal Reports) or within ten (10) business days after receipt from Landlord (with respect to the proposed remediation plan), then, except as may be otherwise specified by Tenant and agreed to by Landlord (such as, without limitation, conditions to approval), this Lease shall be terminated and of no further force or effect; and if Tenant fails to so notify Tenant, the foregoing condition shall be deemed satisfied. (b) That, on or before December 31, 2002, Landlord shall provide to Tenant and, not later than fifteen (15) days after receipt of such items, Tenant shall approve the following: 1. A current AL T A commitment for the Leasehold Title Policy in favor of Tenant, showing all matters of record affecting the Center (including mortgages) and legible copies of all documents .. identified or referred to therein. 2. An ALTA "Urban" survey of the Landlord's Parcel, showing (at a minimum) all locatable matters disclosed in the title commitment and which will be expressly certified to Tenant by the Surveyor. 3. Reasonable documentary evidence (such as, without limitation, a commitment to Issue title Insurance with a "3.1 Zoning Endorsement" based on proposed plans and specifications), confirming that all zoning and other governmental approvals and entitlements (other than building permits and occupancy certificates) required (i) to develop the Center in accordance with the Site Plan, (ii) to construct the Premises containing at least 70,000 - 75,000 square feet of Net Leasable Floor Area and -at least 4,200 theater seats, and (iii) to operate the Premises as contemplated hereunder, have been obtained and are in full force and effect. If Tenant shall notify Landlord of its disapproval of any of the foregoing items within fifteen (15) business days after the date Tenant receives the last of such items then, except as may be otherwise specified by Tenant and agreed to by Landlord (such as, without limitation, conditions to approval), this Lease shall be terminated and of no further force or effect; provided, however, that such termination shall be void and ineffective if Landlord is able to remove the objectionable item within sixty (60) days after Tenant notifies Landlord of its disapproval of such item. Any matters disclosed in tlle title insurance commitment or survey delivered· pursuant to (b )(1) or (b )(2) above which are not objected to by Tenant within fifteen (15) business days after receipt thereof shall be "Permitted Encumbrances" hereunder. (c) That, on or before March 29,2002, Landlord shall provide to Tenant, and Tenant shall approve, the final site plan for the Center, including (without limitation) the .. 15 CHG02:3091375.v8 ... ... _...- .-..-