Common use of Fixed Rent Clause in Contracts

Fixed Rent. Period Fixed Rent ------ ---------- From March 15, 1988 (subject to the Three Hundred Fifty-Nine Thousand Two abatement set forth in Section 40(c) Hundred Twenty ($359,220) Dollars per hereof) to June 30, 1991, both dates annum, payable in equal monthly inclusive installments of Twenty-Nine Thousand Nine Hundred Thirty-Five ($29,935) Dollars From July 1, 1991 to July 31, 1993, three Hundred Sixty-Nine Thousand Two both dates inclusive Hundred Twenty ($369,220) Dollars per annum, payable in equal monthly installments of Thirty Thousand Seven Hundred Sixty-Eight and 33/100 ($30,768.33) Dollars From August 1, 1993 to July 31, 1998, Four Hundred Twenty-four Thousand Six both dates inclusive Hundred Three ($424,603) Dollars per annum, payable in equal monthly installments of Thirty-Five Thousand Three Hundred Eighty-Four ($35,384) Dollars From August 1, 1998 to July 31, 2003, Four Hundred Eighty-Eight Thousand both dates inclusive Two Hundred Ninety-Four ($488,294) Dollars per annum, payable in equal monthly installments of Forty Thousand Six Hundred Ninety-One and 16/100 ($40,691.16) Dollars From August 1, 2003 to December 31, Five Hundred Sixty-One Thousand Five 2008, both dates inclusive Hundred Thirty-Eight ($561,538) Dollars per annum, payable in equal monthly installments of Forty-Six Thousand Seven Hundred Ninety-four and 83/100 ($46,794.83) Dollars AMENDMENT OF LEASE ------------------ THIS AGREEMENT (the "Amendment") dated as of the 26th day of December, 1989 between CABLE BUILDING ASSOCIATES, a New York limited partnership having an office at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Landlord") and HOUSTON CINEMA, INC., a New York corporation having an office c/o ▇▇▇▇▇▇▇▇ Films, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Tenant").

Fixed Rent. Period Fixed (a) The fixed rent for the 19th Floor ("19th Floor Rent") shall be (i) for the period commencing on the Rent ------ ---------- From March 15Commencement Date and ending on the day immediately preceding the 5th anniversary of the Rent Commencement Date, 1988 (subject to the Three Seven Hundred Fifty-Nine Thousand Two abatement set forth in Section 40(c) Hundred Twenty ($359,220) Dollars per hereof) to June 30, 1991, both dates annum, payable in equal monthly inclusive installments of Twenty-Nine Thousand Nine Hundred Thirty-Five ($29,935) Dollars From July 1, 1991 to July 31, 1993, three Six Hundred Sixty-Nine Thousand Two both dates inclusive Hundred Twenty Eight and 00/100 ($369,220709,668.00) Dollars per annum, payable in equal monthly installments of Thirty Fifty-Nine Thousand One Hundred Thirty-Nine and 00/100 ($59,139.00) Dollars (an annual rate of $36.00 per rentable square foot contained in the 19th Floor), (ii) for the period commencing on the 5th anniversary of the Rent Commencement Date and ending on the day immediately preceding the 10th anniversary of the Rent Commencement Date, Seven Hundred Sixty-Eight Thousand Eight Hundred Seven and 33/100 00/100 ($30,768.33) Dollars From August 1, 1993 to July 31, 1998, Four Hundred Twenty-four Thousand Six both dates inclusive Hundred Three ($424,603768,807.00) Dollars per annum, payable in equal monthly installments of Thirty-Five Thousand Three Hundred EightySixty-Four Thousand Sixty-Seven and 25/100 ($35,38464,067.25) Dollars From August 1(an annual rate of $39.00 per rentable square foot contained in the 19th Floor) and (c) for the period commencing on the 10th anniversary of the Rent Commencement Date and ending on the Expiration Date, 1998 to July 31, 2003, Four Eight Hundred EightyTwenty-Eight Seven Thousand both dates inclusive Two Nine Hundred NinetyForty-Four Six and 00/100 ($488,294827,946.00) Dollars per annum, payable in equal monthly installments of Forty Sixty-Eight Thousand Six Nine Hundred Ninety-One Five and 16/100 50/100 ($40,691.1668,995.50) Dollars From August 1(an annual rate of $42.00 per rentable square foot contained in the 19th Floor). The fixed rent for the 19th Floor Mezzanine (the "19th Floor Mezzanine Rent") shall be, 2003 to December 31for the period commencing on the Rent Commencement Date and ending on the Expiration Date, Five Forty Thousand Four Hundred Sixty-One Thousand Five 2008, both dates inclusive Hundred Thirty-Eight Forty and 00/100 ($561,53840,440.00) Dollars per annum, payable in equal monthly installments of Forty-Six Three Thousand Seven Three Hundred Ninety-four Seventy and 83/100 00/100 ($46,794.833,370.00) Dollars AMENDMENT OF LEASE ------------------ THIS AGREEMENT (an annual rate of $20.00 per rentable square foot contained in the 19th Floor Mezzanine). The 19th Floor Rent and the 19th Floor Mezzanine Rent shall collectively be referred to as the "Amendment") dated as of Fixed Rent." Fixed Rent shall be payable by Tenant in equal monthly installments in advance on the 26th Rent Commencement Date and on the first day of Decembereach calendar month thereafter; provided, 1989 between CABLE BUILDING ASSOCIATESthat Tenant shall pay, upon the Possession Date, the first full monthly installment of Fixed Rent; and provided further, that if the Rent Commencement Date is not the first day of a New York limited partnership having an office at ▇▇▇ ▇▇▇▇▇▇▇▇month, ▇▇▇ ▇▇▇▇then Fixed Rent for the month in which the Rent Commencement Date occurs shall be prorated and paid on the Rent Commencement Date. "Rent Commencement Date" means the date occurring in the sixth (6th) month after the Possession Date which is the same numerical date in the month as the Possession Date except that if no same numerical date shall exist in such sixth (6th) month, ▇▇▇ ▇▇▇▇ the Rent Commencement Date shall be the last day of such sixth ("Landlord"6th) and HOUSTON CINEMA, INCmonth., a New York corporation having an office c/o ▇▇▇▇▇▇▇▇ Films, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Tenant").

Fixed Rent. Period (a) During the Term, Tenant shall pay Owner annual fixed rent ("Fixed Rent"), as follows: (i) From October 1st, 2010 through and including September 30th, 2011, Fixed Rent ------ ---------- From March 15, 1988 (subject to the Three shall be Seventy-Seven Thousand Eight Hundred FiftyNinety-Nine Thousand Two abatement set forth in Section 40(c) Hundred Twenty Five Dollars and Forty-Eight Cents ($359,220) Dollars per hereof) to June 30, 1991, both dates annum, 77,895.48); payable in equal monthly inclusive installments of Six Thousand Four Hundred Ninety-One Dollars and Twenty-Nine Thousand Nine Hundred Thirty-Five Cents ($29,9356,491.29); and (ii) Dollars From July 1October 1st, 1991 to July 312011 through and including September 30th, 19932012, three Hundred SixtyFixed Rent shall be Seventy-Nine Thousand Two both dates inclusive Four Hundred Twenty Fifty-Three Dollars and Forty- Four Cents ($369,220) Dollars per annum79,453.44), payable in equal monthly installments of Thirty Six Thousand Seven Hundred Sixty-Eight and 33/100 ($30,768.33) Dollars From August 1, 1993 to July 31, 1998, Four Six Hundred Twenty-four Thousand Six both dates inclusive Hundred Three One Dollars and Twelve Cents ($424,6036,621.12); and (iii) From October 1st, 2012 through and including September 30th, 2013, Fixed Rent shall be Eighty-One Thousand Forty-Two Dollars per annumand Forty-Eight Cents ($81,042.48), payable in equal monthly installments of Six Thousand Seven Hundred Fifty-Three Dollars and Fifty-Four Cents ($6,753.54); and (iv) From October 1st, 2013 through and including September 30th, 2014, Fixed Rent shall be Eighty-Two Thousand Six Hundred Sixty-Three Dollars and Thirty-Five Thousand Three Hundred Eighty-Four Two Cents ($35,384) Dollars From August 1, 1998 to July 31, 2003, Four Hundred Eighty-Eight Thousand both dates inclusive Two Hundred Ninety-Four ($488,294) Dollars per annum82,663.32), payable in equal monthly installments of Forty Six Thousand Six Eight Hundred NinetyEighty-One Eight Dollars and 16/100 ($40,691.16) Dollars From August 1, 2003 to December 31, Five Hundred Sixty-One Thousand Five 2008, both dates inclusive Hundred Thirty-Eight Cents ($561,5386,888.61); and (v) From October 1st, 2014 through and including September 30th, 2015, Fixed Rent shall be Eighty-Four Thousand Three Hundred Sixteen Dollars per annumand Fifty-Six Cents ($84,316.56), payable in equal monthly installments of FortySeven Thousand Twenty-Six Dollars and Thirty-Eight Cents ($7,026.38); and (vi) From October 1st, 2015 through and including September 30th, 2016, Fixed Rent shall be Eighty-Six Thousand Two Dollars and Ninety-Two Cents ($86,002.92), payable in equal monthly installments of Seven Thousand One Hundred Sixty-Six Dollars and Ninety-One Cents ($7,166.91); and (vii) From October 1st, 2016 through and including September 30th, 2017, Fixed Rent shall be Eighty-Seven Thousand Seven Hundred Twenty-Three Dollars and Zero Cents ($87,723.00), payable in equal monthly installments of Seven Thousand Three Hundred Ten Dollars and Twenty-Five Cents ($7,310.25); and (viii) From October 1st, 2017 through and including September 30th, 2018, Fixed Rent shall be Eighty-Nine Thousand Four Hundred Seventy-Seven Dollars and Forty Cents ($89,477.40), payable in equal monthly installments of Seven Thousand Four Hundred Fifty-Six Dollars and Forty-Five Cents ($7,456.45); and (ix) From October 15t, 2018 through and including September 30th, 2019, Fixed Rent shall be Ninety-four One Thousand Two Hundred Sixty-Six Dollars and 83/100 Ninety-Six Cents ($46,794.8391.266.96), payable in equal monthly installments of Seven Thousand Six Hundred Five Dollars and Fifty-Eight Cents ($7,605.58); and (x) From October 1st, 2019 through and including September 30th, 2020, Fixed Rent shall be Ninety-Three Thousand Ninety-Two Dollars AMENDMENT OF LEASE ------------------ THIS AGREEMENT and Twenty-Eight Cents ($93,092.28), payable in equal monthly installments of Seven Thousand Seven Hundred Fifty-Seven Dollars and Sixty-Nine Cents ($7,757.69). (b) Fixed Rent is payable, in advance, in equal monthly installments without demand or offset, on the first day of each calendar month throughout the Term and shall be payable at the Owner's address set forth above or to such other address or payee as Owner may designate in writing to Tenant from time to time, provided however, that if Fixed Rent shall be payable for any period prior to the first day of the first full month during the Term, then such Fixed Rent for such month shall be paid in a proportionate amount for the number of days in such period and paid as and when the first equal monthly installment is payable as aforesaid. Notwithstanding the foregoing, upon the execution of this Lease, Tenant shall pay Owner the first monthly installment of Fixed Rent. (c) Tenant shall also pay Owner, as additional rent, without abatement, deduction or set off, all sums, costs, expenses and other payments which Tenant assumes or agrees to pay under any of the provisions of this Lease (collectively, "AmendmentAdditional Rent") dated as and, in the event of any nonpayment thereof, Owner shall have all of the 26th day rights and remedies provided for herein or by law in the case of Decembernonpayment of the Fixed Rent, 1989 between CABLE BUILDING ASSOCIATESin addition to all other rights and remedies. (d) If Tenant shall fail to pay any installment of Fixed Rent or Additional Rent (collectively, a New York limited partnership having an office at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("LandlordRent") within five (5) business days after the due date therefore, Tenant shall pay Owner a late charge equal to five percent (5%) of the unpaid amount of such installment. (e) Tenant shall pay the Rent in lawful money of the United States of America which shall be legal tender for all debts, public and HOUSTON CINEMAprivate, INCat the time of payment. Any obligation of Tenant for payment of Rent which shall have accrued with respect to any period during or prior to the Term shall survive the expiration or termination of this Lease., a New York corporation having an office c/o ▇▇▇▇▇▇▇▇ Films, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Tenant").

Fixed Rent. Period (a) Commencing on the Effective Date and continuing through the Rent Adjustment Date, as defined in the Lease, Fixed Rent ------ ---------- From March 15, 1988 (subject to the Three Hundred Fifty-Nine Thousand Two abatement set forth in Section 40(c) Hundred Twenty shall be Thirty Six and 50/100 Dollars ($359,22036.50) Dollars per hereof) to June 30, 1991, both dates rentable square foot of office space per annum, payable in equal monthly inclusive installments being a total of Twenty-Nine Seven Hundred Fifty One Thousand Nine Four Hundred Thirty-Five Ninety Eight and 50/100 Dollars ($29,935751,498.50) Dollars From July 1, 1991 to July 31, 1993, three Hundred Sixty-Nine Thousand Two both dates inclusive Hundred Twenty ($369,220) Dollars per annum, payable in equal monthly installments of Sixty Two Thousand Six Hundred Twenty Four and 88/100 Dollars ($62,624.88). From the Rent Adjustment Date through the fifth (5th) anniversary of the Rent Adjustment Date, the Fixed Rent shall be Forty and 00/100 Dollars ($40.00) per rentable square foot of office space per annum, being a total of Eight Hundred Twenty Three Thousand Five Hundred Sixty and 00/100 Dollars ($823,560.00), payable in monthly installments of Sixty Eight Thousand Six Hundred Thirty and 00/100 Dollars ($68,630.00). For the period from the day after the fifth (5th) anniversary of the Rent Adjustment Date to the Expiration Date, the Fixed Rent shall be Forty Three and 85/100 Dollars ($43.85) per rentable square foot of office space per annum, being a total of Nine Hundred Two Thousand Eight Hundred Twenty Seven and 65/100 Dollars ($902,827.65), payable in monthly installments of Seventy Five Thousand Two Hundred Thirty Five and 64/100 Dollars ($75,235.64). (b) With respect to the Renewal Terms described in Paragraph 24 of the Lease, the Fixed Rent for the first (1st) Renewal Term shall be Forty Nine and 14/100 Dollars ($49.14) per rentable square foot of office space per annum, being a total of One Million Eleven Thousand Seven Hundred Sixty-Eight Forty Three and 33/100 40/100 Dollars ($30,768.331,011,743.40), payable in monthly installments of Eighty Four Thousand Three Hundred Eleven and 95/100 Dollars ($84,311.95). During the second (2nd) Renewal Term, the Fixed Rent shall be Fifty Five and 10/100 Dollars From August 1($55.10) per rentable square foot of office space per annum, 1993 to July 31, 1998, being a total of One Million One Hundred Thirty Four Thousand Four Hundred Twenty-four Thousand Six both dates inclusive Hundred Fifty Three and 90/100 Dollars ($424,6031,134,453.90) Dollars per annum, payable in equal monthly installments of Thirty-Ninety Four Thousand Five Thousand Three Hundred Eighty-Four Thirty Seven and 83/100 Dollars ($35,38494,537.83). (c) Dollars From August 1Except as provided above, 1998 below, all items of Additional Rent and all other permitted charges under the Lease shall continue to July 31, 2003, Four Hundred Eighty-Eight Thousand both dates inclusive Two Hundred Ninety-Four ($488,294) Dollars per annum, be payable in equal monthly installments of Forty Thousand Six Hundred Ninety-One and 16/100 ($40,691.16) Dollars From August 1, 2003 pursuant to December 31, Five Hundred Sixty-One Thousand Five 2008, both dates inclusive Hundred Thirty-Eight ($561,538) Dollars per annum, payable in equal monthly installments of Forty-Six Thousand Seven Hundred Ninety-four and 83/100 ($46,794.83) Dollars AMENDMENT OF LEASE ------------------ THIS AGREEMENT (the "Amendment") dated as terms of the 26th day of December, 1989 between CABLE BUILDING ASSOCIATES, a New York limited partnership having an office at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Landlord") and HOUSTON CINEMA, INCLease., a New York corporation having an office c/o ▇▇▇▇▇▇▇▇ Films, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Tenant").

Fixed Rent. Period (a) During the Term, Tenant shall pay Owner annual fixed rent ("Fixed Rent"), as follows: (i) From October 1st, 2010 through and including September 30th, 2011, Fixed Rent ------ ---------- From March 15, 1988 (subject to the Three shall be Seventy-Seven Thousand Eight Hundred FiftyNinety-Nine Thousand Two abatement set forth in Section 40(c) Hundred Twenty Five Dollars and Forty-Eight Cents ($359,220) Dollars per hereof) to June 30, 1991, both dates annum, 77,895.48); payable in equal monthly inclusive installments of Six Thousand Four Hundred Ninety-One Dollars and Twenty-Nine Thousand Nine Hundred Thirty-Five Cents ($29,9356,491.29); and (ii) Dollars From July 1October 1st, 1991 to July 312011 through and including September 30th, 19932012, three Hundred SixtyFixed Rent shall be Seventy-Nine Thousand Two both dates inclusive Four Hundred Twenty Fifty-Three Dollars and Forty- Four Cents ($369,220) Dollars per annum79,453.44), payable in equal monthly installments of Thirty Six Thousand Seven Hundred Sixty-Eight and 33/100 ($30,768.33) Dollars From August 1, 1993 to July 31, 1998, Four Six Hundred Twenty-four Thousand Six both dates inclusive Hundred Three One Dollars and Twelve Cents ($424,6036,621.12); and (iii) From October 1st, 2012 through and including September 30th, 2013, Fixed Rent shall be Eighty-One Thousand Forty-Two Dollars per annumand Forty-Eight Cents ($81,042.48), payable in equal monthly installments of Six Thousand Seven Hundred Fifty-Three Dollars and Fifty-Four Cents ($6,753.54); and (iv) From October 1st, 2013 through and including September 30th, 2014, Fixed Rent shall be Eighty-Two Thousand Six Hundred Sixty-Three Dollars and Thirty-Five Thousand Three Hundred Eighty-Four Two Cents ($35,384) Dollars From August 1, 1998 to July 31, 2003, Four Hundred Eighty-Eight Thousand both dates inclusive Two Hundred Ninety-Four ($488,294) Dollars per annum82,663.32), payable in equal monthly installments of Forty Six Thousand Six Eight Hundred NinetyEighty-One Eight Dollars and 16/100 ($40,691.16) Dollars From August 1, 2003 to December 31, Five Hundred Sixty-One Thousand Five 2008, both dates inclusive Hundred Thirty-Eight Cents ($561,5386,888.61); and (v) From October 1St, 2014 through and including September 30th, 2015, Fixed Rent shall be Eighty-Four Thousand Three Hundred Sixteen Dollars per annumand Fifty-Six Cents ($84,316.56), payable in equal monthly installments of FortySeven Thousand Twenty-Six Dollars and Thirty-Eight Cents ($7,026.38); and (vi) From October 1st, 2015 through and including September 30th, 2016, Fixed Rent shall be Eighty-Six Thousand Two Dollars and Ninety-Two Cents ($86,002.92), payable in equal monthly installments of Seven Thousand One Hundred Sixty-Six Dollars and Ninety-One Cents ($7,166.91); and (vii) From October 1St, 2016 through and including September 30th, 2017, Fixed Rent shall be Eighty-Seven Thousand Seven Hundred Twenty-Three Dollars and Zero Cents ($87,723.00), payable in equal monthly installments of Seven Thousand Three Hundred Ten Dollars and Twenty-Five Cents ($7,310.25); and (viii) From October 1St, 2017 through and including September 30th, 2018, Fixed Rent shall be Eighty-Nine Thousand Four Hundred Seventy-Seven Dollars and Forty Cents ($89,477.40), payable in equal monthly installments of Seven Thousand Four Hundred Fifty-Six Dollars and Forty-Five Cents ($7,456.45); and (ix) From October 1st, 2018 through and including September 30th, 2019, Fixed Rent shall be Ninety-four One Thousand Two Hundred Sixty-Six Dollars and 83/100 Ninety-Six Cents ($46,794.8391,266.96), payable in equal monthly installments of Seven Thousand Six Hundred Five Dollars and Fifty-Eight Cents ($7,605.58); and (x) From October 1St, 2019 through and including September 30th, 2020, Fixed Rent shall be Ninety-Three Thousand Ninety-Two Dollars AMENDMENT OF LEASE ------------------ THIS AGREEMENT and Twenty-Eight Cents ($93,092.28), payable in equal monthly installments of Seven Thousand Seven Hundred Fifty-Seven Dollars and Sixty-Nine Cents ($7,757.69). (b) Fixed Rent is payable, in advance, in equal monthly installments without demand or offset, on the first day of each calendar month throughout the Term and shall be payable at the Owner's address set forth above or to such other address or payee as Owner may designate in writing to Tenant from time to time, provided however, that if Fixed Rent shall be payable for any period prior to the first day of the first full month during the Term, then such Fixed Rent for such month shall be paid in a proportionate amount for the number of days in such period and paid as and when the first equal monthly installment is payable as aforesaid. Notwithstanding the foregoing, upon the execution of this Lease, Tenant shall pay Owner the first monthly installment of Fixed Rent. (c) Tenant shall also pay Owner, as additional rent, without abatement, deduction or set off, all sums, costs, expenses and other payments which Tenant assumes or agrees to pay under any of the provisions of this Lease (collectively, "AmendmentAdditional Rent") dated as and, in the event of any nonpayment thereof, Owner shall have all of the 26th day rights and remedies provided for herein or by law in the case of Decembernonpayment of the Fixed Rent, 1989 between CABLE BUILDING ASSOCIATESin addition to all other rights and remedies. (d) If Tenant shall fail to pay any installment of Fixed Rent or Additional Rent (collectively, a New York limited partnership having an office at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("LandlordRent") within five (5) business days after the due date therefore, Tenant shall pay Owner a late charge equal to five percent (5%) of the unpaid amount of such installment. (e) Tenant shall pay the Rent in lawful money of the United States of America which shall be legal tender for all debts, public and HOUSTON CINEMAprivate, INCat the time of payment. Any obligation of Tenant for payment of Rent which shall have accrued with respect to any period during or prior to the Term shall survive the expiration or termination of this Lease., a New York corporation having an office c/o ▇▇▇▇▇▇▇▇ Films, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Tenant").

Fixed Rent. Period 5.1. Lessee shall pay, without any offset or deduction of any kind other than as herein expressly provided for, a Fixed Rent ------ ---------- From March 15Rent, 1988 (subject by way of checks made out to the Three Hundred Fifty-Nine Thousand Two abatement order of Lessor (or as Lessor shall direct) and mailed to Lessor at its office in Danbury, Connecticut, as set forth above, or to such person or address as otherwise from time to time directed by Lessor in Section 40(cwriting, as follows: (a) Hundred Twenty During the first five (5) Lease Years, commencing upon the Rent Commencement Date, the annual sum of THREE MILLION ONE HUNDRED EIGHTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY-FIVE AND ZERO/100THS DOLLARS ($359,2203,187,755.00) Dollars based on THIRTEEN AND EIGHTY-NINE/100THS DOLLARS ($13.89) per hereof) to June 30, 1991, both dates annumsquare foot, payable in equal monthly inclusive installments advance and on the first Business Day of Twenty-Nine Thousand Nine Hundred Thirty-Five ($29,935) Dollars From July 1each month, 1991 to July 31, 1993, three Hundred Sixty-Nine Thousand Two both dates inclusive Hundred Twenty ($369,220) Dollars per annum, payable in equal monthly installments of Thirty Thousand Seven Hundred SixtyTWO HUNDRED SIXTY-Eight and 33/100 FIVE THOUSAND SIX HUNDRED FORTY-SIX AND TWENTY-FIVE/100THS DOLLARS ($30,768.33265,646.25). (b) Dollars From August 1During the second five (5) Lease Years, 1993 to July 31commencing upon the five (5) year anniversary of the Rent Commencement Date, 1998, Four Hundred Twentythe annual sum of THREE MILLION TWO HUNDRED EIGHTY-four Thousand Six both dates inclusive Hundred Three FOUR THOUSAND ONE HUNDRED FORTY-FIVE AND ZERO/100THS DOLLARS ($424,6033,284,145.00), based on FOURTEEN AND THIRTY-ONE/100THS DOLLARS ($14.31) Dollars per annumsquare foot, payable in advance and on the first Business Day of each month, in equal monthly installments of ThirtyTWO HUNDRED SEVENTY-Five Thousand Three Hundred EightyTHREE THOUSAND SIX HUNDRED SEVENTY-Four EIGHT AND SEVENTY-FIVE/100THS DOLLARS ($35,384273,678.75). (c) Dollars From August 1During the first Renewal Term, 1998 to July 31if appropriate, 2003commencing upon the ten (10) year anniversary of the Rent Commencement Date, Four Hundred Eightythe annual sum of THREE MILLION THREE HUNDRED EIGHTY-Eight Thousand both dates inclusive Two Hundred Ninety-Four TWO THOUSAND EIGHT HUNDRED THIRTY AND ZERO/100THS DOLLARS ($488,2943,382,830.00), based on FOURTEEN AND SEVENTY-FOUR/100THS DOLLARS ($14.74) Dollars per annumsquare foot, payable in advance and on the first Business Day of each month, in equal monthly installments of Forty Thousand Six Hundred NinetyTWO HUNDRED EIGHTY-One and 16/100 ONE THOUSAND NINE HUNDRED TWO AND FIFTY/100THS DOLLARS ($40,691.16281,902.50). (d) Dollars From August 1During the second Renewal Term, 2003 to December 31if appropriate, Five Hundred Sixtycommencing upon the fifteen (15) year anniversary of the Rent Commencement Date, the annual sum of THREE MILLION FOUR HUNDRED EIGHTY-One Thousand Five 2008, both dates inclusive Hundred Thirty-Eight THREE THOUSAND EIGHT HUNDRED TEN AND ZERO/100THS DOLLARS ($561,5383,483,810.00), based on FIFTEEN AND EIGHTEEN/100THS DOLLARS ($15.18) Dollars per annumsquare foot, payable in advance and on the first Business Day of each month, in equal monthly installments of Forty-Six Thousand Seven Hundred Ninety-four and 83/100 TWO HUNDRED NINETY THOUSAND THREE HUNDRED SEVENTEEN AND FIFTY/100THS DOLLARS ($46,794.83290,317.50). (e) Dollars AMENDMENT OF LEASE ------------------ THIS AGREEMENT During the third Renewal Term, if appropriate, commencing upon the twenty (20) year anniversary of the Rent Commencement Date, the annual sum of THREE MILLION FIVE HUNDRED EIGHTY-NINE THOUSAND THREE HUNDRED EIGHTY AND ZERO/100THS DOLLARS ($3,589,380.00), based on FIFTEEN AND SIXTY-FOUR/100THS ($15.64) DOLLARS per square foot, payable in advance and on the first Business Day of each month, in equal monthly installments of TWO HUNDRED NINETY-NINE THOUSAND ONE HUNDRED FIFTEEN AND ZERO/100THS DOLLARS ($299,115.00). 5.2. Following Substantial Completion, Lessor’s Architect and Lessee’s Architect shall deliver to Lessor and Lessee a certification (the "Amendment"“Architect’s Certification”) dated as stating the total rentable square footage of the 26th Building. If Lessor’s Architect and Lessee’s Architect are unable to agree upon the same, then they shall select a third architect who is independent of both Lessor and Lessee and has never been previously employed by, contracted to or otherwise associated with either Lessor or Lessee, and such architect shall select either the rentable square footage proposed by Lessor’s Architect or the rentable square footage proposed by Lessee’s Architect, and the figure so selected shall control for the purpose of calculating Fixed Rent and for any other matter for which the rentable square footage is a factor hereunder. Such architect shall not be permitted to propose rentable square footage which is different from either of those proposed by Lessor’s Architect and Lessee’s Architect. If the Architect’s Certification indicates that the total rentable square footage of the Building is other than 229,500, Lessor and Lessee shall execute an addendum to this Lease acknowledging the actual square footage of the Building and recalculating the Fixed Rent under Section 5.1 to conform to such square footage determination. 5.3. In the event that the Rent Commencement Date shall be other than on the first day of Decembera month, 1989 between CABLE BUILDING ASSOCIATESthe Fixed Rent for such month shall be due and payable on the Rent Commencement Date on a pro-rata basis for the balance of such month and the Fixed Rent payable with respect to the next month shall be payable by Lessee to Lessor concurrent therewith. A similar apportionment shall be made at the expiration of the first five (5) Lease Years, a New York limited partnership having an office at ▇▇▇ ▇▇▇▇▇▇▇▇the expiration of the Initial Term and at the expiration of the first Renewal Term and the second Renewal Term, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Landlord") and HOUSTON CINEMA, INCto the extent appropriate., a New York corporation having an office c/o ▇▇▇▇▇▇▇▇ Films, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Tenant").

Fixed Rent. Period Tenant agrees to pay to Landlord, without demand, notice or set-off, as a fixed rent (the "Fixed Rent ------ ---------- From March 15, 1988 (subject to Rent"): 3.1.1 the sum One Hundred Thirty Eight Thousand Three Hundred Fifty-Nine Thousand Two abatement set forth in Section 40(c) Hundred Twenty and 00/100 dollars ($359,220138,300.00) Dollars per hereof) to June 30, 1991, both dates annumLease Year, payable in equal monthly inclusive installments of Twenty-Nine Thousand Nine Hundred Thirty-Five ($29,935) Dollars From July 1, 1991 to July 31, 1993, three Hundred Sixty-Nine Thousand Two both dates inclusive Hundred Twenty ($369,220) Dollars per annum, payable in fixed equal monthly installments of Thirty Eleven Thousand Seven Five Hundred Sixty-Eight Twenty Five and 33/100 00/100 ($30,768.3311,525.00) Dollars From August 1on the first day of each and every calendar month during the first Lease Year; provided, 1993 to July 31however, 1998that if the first Lease Year includes a First Partial Month, Four then Tenant shall in addition pay a prorated monthly installment of Fixed Rent for such First Partial Month together with the first regular monthly installment on the Commencement Date; 3.1.2 the sum of One Hundred Twenty-four Forty One Thousand Six both dates inclusive One Hundred Three Eighty One and 20/100 ($424,603141,181.20) Dollars per annumLease Year, payable in fixed equal monthly installments of Thirty-Eleven Thousand Seven Hundred Sixty Five Thousand Three Hundred Eighty-Four and 10/100 Dollars ($35,38411,765.10) on the first day of each and every calendar month during the second Lease Year; and 3.1.3 the sum of One Hundred Forty Four Thousand Sixty Two and 40/100 Dollars From August 1, 1998 to July 31, 2003, Four Hundred Eighty-Eight Thousand both dates inclusive Two Hundred Ninety-Four ($488,294144,062.40) Dollars per annumLease Year, payable in fixed monthly installments of Twelve Thousand Five and 20/100 Dollars ($12,005.20) on the first day of each and every calendar month during the third Lease Year; and 3.1.4 the sum of One Hundred Forty Six Thousand Nine Hundred Forty Three and 72/100 Dollars ($146,943.72) per Lease Year, payable in fixed equal monthly installments of Twelve Thousand Two Hundred Forty Thousand Six Hundred Ninety-One Five and 16/100 31/100 Dollars ($40,691.1612,245.31) on the first day of each and every calendar month during the fourth Lease Year; and 3.1.5 the sum of One Hundred Forty Nine Thousand Eight Hundred Twenty Five and 04/100 Dollars From August 1, 2003 to December 31, Five Hundred Sixty-One Thousand Five 2008, both dates inclusive Hundred Thirty-Eight ($561,538) Dollars 149,825.04 per annumLease Year, payable in equal fixed monthly installments of Forty-Six Twelve Thousand Seven Four Hundred Ninety-four Eighty Five and 83/100 42/100 Dollars ($46,794.8312,485.42) Dollars AMENDMENT OF LEASE ------------------ THIS AGREEMENT (on the "Amendment") dated as of the 26th first day of December, 1989 between CABLE BUILDING ASSOCIATES, a New York limited partnership having an office at ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Landlord") each and HOUSTON CINEMA, INCevery calendar month during the fifth Lease Year., a New York corporation having an office c/o ▇▇▇▇▇▇▇▇ Films, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ("Tenant").