Circuit City 1997 Annual Report Download - page 34

endorsement required by reason of Tenant's failure to comply with the provisions of this PARAGRAPH 8. Tenant shall not do or permit
anything to be done in or about the Premises which will in any manner obstruct or interfere with the rights of other tenants or occupants of the
Project, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose, nor
shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall comply with all restrictive covenants and
obligations crated by private contracts which affect the use and operation of the Premises, or the Project including, without limitation, the
CURRENT Rules and Regulations referred to in PARAGRAPH 32 and attached hereto as EXHIBIT F, as THEY RELATE TO THE
PERMITTED USES DEFINED IN SECTION 1(D) OF THIS LEASE. Tenant shall not commit or suffer to be committed any waste in or upon
the Premises and shall keep the Premises in first class repair and appearance. Further, Tenant's business machines and mechanical equipment
which cause vibration or noise that may be transmitted to the Building structure or to any other space in the Building shall be so installed,
maintained and used by Tenant as to eliminate or minimize such vibration or noise. Tenant shall be responsible for all structural engineering
required to determine structural load, as well as the expense thereof.
9. SURRENDER OF PREMISES; HOLDING OVER.
Upon expiration of the Term of this Lease, Tenant shall surrender to Landlord the Premises and all Tenant Improvements and alterations in
good condition, except for ordinary wear and tear and alterations Tenant has the right or is obligated to remove under the provisions of
PARAGRAPH 14 herein. Tenant shall remove all personal property and shall perform all restoration made necessary by the removal of any
alterations of Tenant's personal property before the expiration of the Term, including for example, restoring all wall surfaces to their condition
prior to the commencement of this Lease. Landlord can elect to retain or dispose of in any manner Tenant's personal property not removed
from the Premises by Tenant prior to the expiration of the Term. Tenant waives all claims against Landlord for any damage to the Tenant
resulting from Landlord's retention or disposition of Tenant's personal property. Tenant shall be liable to Landlord for Landlord's costs for
storage, removal or disposal of Tenant's personal property.
If Tenant, with Landlord's consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any
notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall b deemed to be a month-to-month tenancy
terminable on written 30-day notice at any time, by either party. All provisions of this Lease, except those pertaining to term and rent, shall
apply to the month-to-month tenancy. Tenant shall pay monthly rent in an amount equal to 125% of Monthly Basic Rent, subject to increases
as provided in SUBPARAGRAPH 5(C), if applicable, for the last full calendar month during the regular Term plus 100% of said last month's
estimate to Tenant's share of Expenses pursuant to PARAGRAPH 13, subject to increase as provided therein. If Tenant fails to surrender the
Premises after expiration or termination of the Term, Tenant shall indemnify, defend and hold Landlord harmless from all loss or liability,
including, without limitation, any loss or liability resulting from any claim against Landlord made by any succeeding tenant founded on or
resulting from Tenant's failure to surrender the Premises together with actual attorney's fees and costs.
10. SIGNAGE.
Landlord shall designate the location on the Building and/or the Premises, if any, for one or more exterior Tenant identification sign(s) Tenant
shall install and maintain its identification sign9s) in such designated location in accordance with this PARAGRAPH 10 and EXHIBIT G.
Tenant shall have no rights to install or maintain Tenant identification signs in any other location in, on or about the Premises or the Project and
shall not display or erect any other signs, displays or other advertising materials that are visible from the exterior of the Building. The size,
design, color and other physical aspects of permitted signs) shall be subject to: (i) Landlord's written approval prior to installation, which
approval may be withheld in landlord's discretion, (ii) any covenants, conditions or restrictions encumbering the Premises, and (iii) any
applicable municipal or governmental permits and approvals. The cost of the sign(s), including the installation, maintenance and removal
thereof shall be at Tenant's sole cost and expense. If Tenant fails to install or maintain its sign(s), or if Tenant fails to remove same upon
termination of this Lease and repair any damage caused by such removal including, without limitation, repainting the Building (if required by
Landlord, in Landlord's sole but reasonable judgment), Landlord may do so at Tenant's expense. Tenant shall reimburse Landlord for all costs
incurred by Landlord to effect such installation, maintenance or removal, which amount shall be deemed additional rent, and shall include,
without limitation, all sums disbursed, incurred or deposited by Landlord including Landlord's costs, expenses and actual attorney's fees with
interest thereon at the maximum interest rate permitted by law from the date of Landlord's demand until payment. Any sign rights granted to
Tenant under this Lease are personal to Tenant and may not be assigned, transferred or otherwise conveyed to any assignee or subtenant of
Tenant without Landlord's prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
11. TAXES.
(a) PERSONAL PROPERTY TAXES. Tenant shall pay before delinquency all taxes, assessments, license fees and public charges levied,
assessed or imposed upon its business operation as well as upon all trade fixtures, leasehold improvements, merchandise and other personal
property in or about the Premises.
(b) REAL PROPERTY TAXES. Tenant shall pay, as additional rent, all Real Property Taxes including all taxes, assessments (general and
special) and other impositions or charges which may be taxed, charged, levied, assessed or imposed with respect to any calendar year or part
thereof included within the term upon all or any portion of or in relation to the PREMISES, any leasehold estate in the Premises or measured
by rent from the Premises, including any increase caused by the transfer, sale or encumbrance of the Project or any portion thereof. "Real
Property Taxes" shall also include any form of assessment, levy, penalty, charge or tax (other than estate, inheritance, net income or franchise
taxes) imposed by any authority having a direct or indirect power to tax or charge, including, without limitation, any city, county, state, federal
or any improvement or other district, whether such tax is: (i) determined by the area of the PREMISES or the rent or other sums payable under
this Lease: (2) upon or with respect to any legal or equitable interest of Landlord in the PREMISES or any part thereof;