Circuit City 2005 Annual Report Download - page 106

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(l) In the event that Tenant fails to timely exercise the Purchase Option by the Option Date or if this Purchase
Option should otherwise terminate, Landlord and Tenant agree to enter into an Amended and Restated Industrial Lease
Agreement, on all the same terms and conditions as this Lease, except for the omission of this Special Stipulation 11
and any other reference to the Purchase Option contained in this Lease.
12. Substantial Completion . Notwithstanding anything herein to the contrary (and only on the condition that
Hewlett-Packard Company completes the purchase of the building located at 120 Satellite Blvd, Suwanee, GA from
Tenant’s affiliate, Systemax Suwanee LLC), (a) in the event that the date of Substantial Completion occurs prior to
April 1, 2006, Tenant hereby covenants and agrees to pay Landlord the sum of (i) $10,000.00 per day for each day
between the date of Substantial Completion and March 31, 2006, inclusive; plus (ii) $150,000.00, and (B) in the event
that the date of Substantial Completion occurs between April 1, 2006 and April 30, 2006, Tenant hereby covenants and
agrees to pay Landlord the sum of $5,000.00 per day for each day between the date of Substantial Completion and
April 30, 2006, inclusive. Tenant agrees to deliver to Landlord any amount due Landlord under this Special Stipulation
12 within thirty (30) days following the date of Substantial Completion. Failure by Tenant to timely make such
payment to Landlord shall be an automatic Event of Default hereunder.
EXHIBIT D
Rules And Regulations
These Rules and Regulations have been adopted by Landlord for the mutual benefit and protection of all the tenants of
the Building in order to insure the safety, care and cleanliness of the Building and the preservation of order therein.
1. The sidewalks shall not be obstructed or used for any purpose other than ingress and egress. No tenant and
no employees of any tenant shall go upon the roof of the Building without the consent of Landlord.
2. No awnings or other projections shall be attached to the outside walls of the Building.
3. The plumbing fixtures shall not be used for any purpose other than those for which they were constructed,
and no sweepings, rubbish, rags or other substances, including Hazardous Substances, shall be thrown therein.
4. No tenant shall cause or permit any objectionable or offensive odors to be emitted from the Demised
Premises.
5. The Demised Premises shall not be used for (i) an auction, “fire sale”, “liquidation sale”, “going out of
business sale” or any similar such sale or activity, (ii) lodging or sleeping, or (iii) any immoral or illegal purposes.
6. No tenant shall make, or permit to be made any unseemly or disturbing noises, sounds or vibrations or
disturb or interfere with tenants of this or neighboring buildings or premises or those having business with them.
7. Each tenant must, upon the termination of this tenancy, return to the Landlord all keys of stores, offices,
and rooms, either furnished to, or otherwise procured by, such tenant, and in the event of the loss of any keys so
furnished, such tenant shall pay to the Landlord the cost of replacing the same or of changing the lock or locks opened
by such lost key if Landlord shall deem it necessary to make such change.
8. Canvassing, soliciting and peddling in the Building and the Project are prohibited and each tenant shall
cooperate to prevent such activity.
9. Landlord will direct electricians as to where and how telephone or telegraph wires are to be introduced. No
boring or cutting in any structural element of the Building for wires or stringing of wires will be allowed without
written consent of Landlord, which consent shall not be unreasonably withheld or delayed. The location of telephones,
call boxes and other office equipment affixed to the Demised Premises shall be subject to the approval of Landlord.
10. Parking spaces associated with the Building are intended for the exclusive use of passenger automobiles.
Except for intermittent deliveries, no vehicles other than passenger automobiles may be parked in a parking space