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Agmt04 cinema - closing docs
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Agmt04 cinema - closing docs
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Entry Properties
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 /> . responsible for the lighting and maintenance of such area (including the trash compactor itself), <br /> as a Common Are.a Expense. Tenant (at Tenant's cost) shall be solely responsible for arranging <br /> , and paying for the collection, haulage and disposal of the trash and refuse from the Premises in <br /> accordance with the standard of operations of other first-class movie theaters in the Metropolitan <br /> Area. Tenant shall not be responsible for any costs and expenses associated with the collection, <br /> haulage or disposal of trash and refuse from any other premises at the Center, except to the <br /> extent specifically provided in Section 5.1. <br /> ARTICLE 6 <br /> REAL ESTATE TAXES <br /> Section 6.1 Landlord's Obligation. Landlord shall pay when due all Real Estate <br /> Taxes which are lawfully charged, assessed or levied against the Center, the Tax Parcel and/or <br /> against the Premises. Landlord represents and warrants that, at all times during the Term, the <br /> .. Tax Parcel will be assessed for purposes of Real Estate Taxes by all applicable Governmental <br /> Authorities as a separate legal parcel, distinct and apart from any other improvements or land. <br /> Landlord shall not do or permit anything within its control which would cause the Center to be <br /> assessed for purposes of Real Estate Taxes with any other properties or improvements. <br /> , Section 6.2 Real Estate Taxes on the Premises. Subject to Section 3.l(a), Tenant <br /> shall pay to Landlord, for each Tax Year, Tenant's Tax Share of Real Estate Taxes assessed <br /> against the Tax Parcel for such Tax Year. <br /> Section 6.3 Method of Payment. Tenant shall pay the amount due under Section 6.2 <br /> for any Tax Year included within the Term not later than (i) the thirtieth (30th) day after Tenant <br /> receives Landlord's bill therefor (i.e., the bill for the first installment or the bill for the second <br /> installment, as the case may be), or (ii) the tenth (lOth) day prior to the last day on which the <br /> Real Estate Taxes may be paid without being delinquent, whichever is later. Unless Landlord's <br /> bill is accompanied by a copy of the official receipt for the payment of the Real Estate Taxes, <br /> Tenant thereafter may pay the amount payable hereunder by means of a check made payable <br /> jointly to Landlord and the taxing authority or authorities involved; provided, however, that <br /> Tenant shall not exercise such right so long as the Landlord hereunder is an entity the common <br /> stock or other ownership interests of which is listed and publicly traded on a national stock <br /> exchange or quotation system. Landlord shall hold all monies received from Tenant pursuant to <br /> this Article 6 in trust and use them only to pay Real Estate Taxes. If and to the extent that <br /> Landlord obtains a discount for early payment of Real Estate Taxes, Tenant shall be entitled to <br /> Tenant's Tax Share of such discount. Real Estate Taxes for the first and last Lease Years shall <br /> be prorated on a per diem basis, with regard to the number of days of the applicable Tax Year(s) <br /> that are within the Term. <br /> Section 6.4 New Construction. In determining the amount payable by Tenant in <br /> accordance with this Article 6, the amount of Real Estate Taxes assessed against any additions to <br /> the building(s) located on the Tax Parcel or other improvements thereto (other than to the <br /> Premises or to the Common Areas within the Building) constructed after the assessment day for <br /> Real Estate Taxes for the first full Lease Year included in the Term in which the Premises (with <br /> ,. <br /> 27 <br /> CHG02:3091375.v8 <br /> . _., h" <br />
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