Circuit City 1997 Annual Report Download - page 43

obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action and shall be
enforceable whether or not the action is prosecuted to judgment. If Landlord employs a collection agency to recover delinquent charges, Tenant
agrees to pay all collection agency fees charged to Landlord in addition to rent, late charges, interest and other sums payable under this Lease.
(b) If Landlord is named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant's occupancy hereunder,
Tenant shall pay to Landlord its costs and expenses incurred in such suit including, without limitation, its actual professional fees such as
appraisers', accountants' and attorneys' fees.
30. EXAMINATION OF LEASE.
Submission of this instrument for examination or signature by Tenant shall not create a binding agreement between Landlord and Tenant nor
shall it constitute a reservation or option to lease on the part of Tenant and this instrument shall not be effective as a lease and shall not create
any obligations on the part of Landlord or Tenant until this Lease has been validly executed by, and delivered to, both Landlord and Tenant.
31. ESTOPPEL CERTIFICATE.
(a) Within ten (10) BUSINESS days following any written request which Landlord may make from time to time, Tenant shall execute and
deliver to Landlord a statement, ("Estoppel Certificate") in a form substantially similar to the form of EXHIBIT E attached hereto or in such
other form as Landlord's lender or purchaser may require, certifying: (i) the date of commencement of this Lease; (ii) the fact that this Lease is
unmodified and in full force and effect (or, if there have been modifications, stating the nature and date of such modification), (iii) the date to
which the rent and other sums payable under this Lease have been paid; (iv) that there are no current defaults under this Lease by either
Landlord or Tenant except as specified in Tenant's statement; and (v) such other matters requested by Landlord. Landlord and Tenant intend
that any statement delivered pursuant to this Paragraph 31 may be relied upon by any mortgagee, beneficiary, purchaser or prospective
purchaser of the Project or any interest therein.
(b) Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in full force and effect,
without modification except as may be represented by landlord,
(ii) that there are no uncured defaults in Landlord's performance, and
(iii) that not more than one (1) month's rent has been paid in advance. Tenant's failure to deliver said statement to Landlord within ten (10) days
of receipt shall constitute a default under this Lease.
(c) Tenant hereby irrevocably appoints Landlord as Tenant's attorney-in-fact, which appointment is coupled with an interest, to act in Tenant's
name, place and stead to execute such Estoppel Certificate on Tenant's behalf.
32. RULES AND REGULATIONS.
Tenant shall faithfully observe and comply with the "Rules and Regulations", a copy of which is attached hereto and marked Exhibit F, and all
reasonable and nondiscriminatory modifications thereof and additions thereto from time to time put into effect by landlord. Landlord shall not
be responsible to Tenant for the violation or non-performance by any other tenant or occupant of the Project of any of said Rules and
Regulations.
33. LIENS.
Tenant shall, within FIFTEEN (15) days after receiving notice of the filing of any mechanic's lien for material or work claimed to have been
furnished to the Premises on Tenant's behalf or at Tenant's request, discharge the lien or post a bond equal to the amount of the disputed claim
with a bonding company reasonably satisfactory to Landlord. If Tenant posts a bond, it shall contest the validity of the lien with all due
diligence. Tenant shall indemnify, defend and hold Landlord harmless from any and all losses and costs incurred by Landlord as a result of any
such liens attributable to Tenant. If Tenant does not discharge any lien or post a bond for such lien within FIFTEEN (15) day period, Landlord
may discharge such lien at Tenant's expense and Tenant shall promptly reimburse Landlord for all costs incurred by Landlord in discharging
such lien including, without limitation, attorney's fees and costs and interest on all sums expended at the maximum interest rate permitted by
law. Tenant shall provide Landlord with not less than FIFTEEN (15) days prior written notice of its intention to have work performed at or
materials furnished to the Premises so that Landlord may post appropriate notices of non- responsibility.
34. MISCELLANEOUS PROVISIONS.
(a) TIME OF ESSENCE. Time is on the essence of each provision of this Lease.
(b) SUCCESSOR. This Lease shall be binding on and inure to the benefit of the parties and their successors, except as provided in
PARAGRAPH 19 herein.
(c) LANDLORD'S CONSENT. Any consent required by Landlord under this Lease must be granted in writing and may be withheld by
Landlord in its sole and absolute discretion, unless otherwise expressly provided herein.