Tenant Options

Provision Document Section  
Renewal: Adden
Consent
Renewal
3
Two additional 5 year terms, by written notice at least 180 days prior to ED (12/02/2012 Abstractor Calculated).
Termination: Lease 22.6 None remaining.
Purchase: No Lease Provision

Landlord Options

Provision Document Section  
Termination: Lease 8.5 If after the 5th Lease Year T ceases operations, LL may terminate.
Relocation: Lease 3.4 LL may relocate T to a similar size premises, provided (i) such relocation shall not be between 9/1-12/31 of any year, (ii) T may terminate Lease if it determines the new location to be unacceptable and (iii) all relocation costs shall be at LL’s sole expense.

Use Restrictions

Provision Document Section  
Permitted Use: Lease 1.1e,j, 7.1 Only for a movie theater restaurant with concessions area, bar including music and other entertainment of similar nature and equal class. T may only use Maxis Cinema as Trade Name.
Prohibited Use: Lease 7.3 T may not use Premises in a manner which would disturb the other tenants or be inconsistent with the operation or that might injure the reputation of the Shopping Center. T may not violate restrictions per § 7.3.
Exclusive Use: Adden Exclusive Movie theater or cinema.
Radius Restrictions: Lease 7.4 2-mile radius.
Go Dark: Lease 7.1 If T fails to operate for 30 consecutive days, LL may terminate 30 days after written notice.
Co-tenancy: Lease 30.2 If less than 75% of the retail floor area located within the Project is occupied for at least 30 days, then T may pay Substitute Rent (10% of Net Sales in lieu of Minimum Annual Rent, CAM & Insurance Contribution, RE Taxes and other charges).
Landlord Restrictions: Adden. Exclusive LL may not rent space for use of a movie theater or cinema (other than existing) within a 2 mile radius.
Adden. Noise
Interfer.
LL shall not allow the continual material disturbance by noise within LL’s reasonable control to cure not less than 15 days after written notice from T. If such failure to cure shall occur more than twice in a 12 month period, the Minimum Guaranteed Rental shall be reduced by 50% during the continuation of the noise.