Circuit City 1997 Annual Report Download - page 44

(d) COMMISSION. Each party represents that it has not had dealings with any real estate broker, finder or other person with respect to this
Lease in any manner. except for the broker identified in SUBPARAGRAPH
1(M). If EITHER PARTY has dealt with any other person or real estate broker with respect to leasing or renting space in the Project, such party
shall be solely responsible for the payment of any fees due said person or firm and shall hold the other party free and harmless and indemnify
and defend Landlord from any liabilities, damages or claims with respect thereto, including attorneys fees and costs.
(e) LANDLORD'S SUCCESSORS. In the event of a sale or conveyance by Landlord of the Project, the same shall operate to release Landlord
from any liability under this Lease, and in such event Landlord's successor in interest shall be solely responsible for all obligations of Landlord
under this Lease.
(f) PRIOR AGREEMENT OR AMENDMENTS. This Lease contains all of the agreements of the parties hereto with respect to any matter
covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
No provisions of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective
successors-in-interest.
(g) RECORDING. Tenant shall not record this Lease nor a short form memorandum thereof without the consent of Landlord. Landlord may
record a short form memorandum of this Lease and Tenant shall execute and acknowledge such form if requested to do so by Landlord.
(h) SEPARABILITY. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate
any other provision hereof, and all other provisions of this Lease shall remain in full force and effect.
(i) NO PARTNERSHIP OR JOINT VENTURE. Nothing in this Lease shall be deemed to constitute Landlord and Tenant as partners or joint
venturers. It is the express intent of the parties hereto that their relationship with regard to this Lease and the Premises be and remain that of
lessor and lessee.
(j) INTERPRETATION. This Lease shall be construed and interpreted in accordance with the laws of the state in which the Premises are
located. This Lease constitutes the entire agreement between the parties with respect to the Premises and the Project, except for such guarantees
or modifications as may be executed in writing by the parties from time to time. When required by the context of this Lease, the singular shall
include the plural, and the masculine shall include the feminine and/or neuter. "Party" shall mean Landlord or Tenant. If more than one person
or entity constitutes Tenant, the obligations imposed upon Tenant shall be joint and several as to all persons or entities constituting Tenant. The
enforceability, invalidity or illegality of any provision shall not render the other provisions unenforceable, invalid or illegal.
(k) MORTGAGEE PROTECTION. In the event of any default on the part of Landlord, Tenant will give notice by registered or certified mail
to any beneficiary of a deed of trust, mortgagee, or ground lessor covering the Premises, and shall offer such beneficiary, mortgagee, or ground
lessor, a reasonable opportunity to cure the default, including time to obtain possession of the Premises by power of sale or a judicial
foreclosure, or in the event of a ground lessor, by appropriate judicial action, if such should prove necessary to effect a cure.
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written.
LANDLORD: South Bay Industrials Company, L.L.C.
a Delaware limited liability company
TENANT: Systemax, Inc., a New York corporation dba: Global Computer Supplies
By: /S/ JAMES M. WALSH Date: 9/4/97
James M.Walsh
Its: Vice President
By: /S/ BRUCE LEEDS Date: 9/3/97
Bruce Leeds
Its: Vice President