Circuit City 2005 Annual Report Download - page 115

6. Effective as of the Effective Date, Section 1(j) of the Lease shall be deleted in its entirety.
7. Effective as of the Effective Date, Section 6 of the Lease (Operating Expenses and Additional Rent) shall be
deleted in its entirety and the following shall be substituted in lieu thereof:
"6. Additional Rent . Any amounts required to be paid by Tenant under this Lease (in addition to Base
Rent) hereunder and any charges or expenses incurred by Landlord on behalf of Tenant under the terms of this Lease,
including, without limitation, any expenses incurred for taxes, insurance, maintenance, repairs, replacements, owner's
association dues and assessments, utilities and other charges assessed against or attributed to the Demised Premises
which are the obligation of Tenant hereunder, shall be considered additional rent (herein, "Additional Rent") payable in
the same manner and upon the same terms and conditions as Base Rent reserved hereunder except as expressly set forth
herein to the contrary. Without limiting the foregoing, Tenant shall and does hereby agree to pay directly, or to
reimburse Landlord upon demand for, as Landlord may direct, and Additional Rent shall include, any and all owner's
association dues and assessments, utilities and charges assessed against or attributed to the Demised Premises pursuant
to any applicable easements, covenants, restrictions, agreements, declaration of protective covenants or development
standards, including, without limitation, the Protective Covenants, paid by Landlord with respect to or imposed or
assessed upon or against the Demised Premises from time to time throughout that portion of the Term (and any
extension thereof) commencing with the Lease Commencement Date. Any failure on the part of Tenant to pay such
Additional Rent when due shall entitle Landlord to the remedies available to it for non-payment of Base Rent,
including, without limitation, late charges and interest thereon at the Interest Rate pursuant to Section 32 of the Lease."
8. Effective as of the Effective Date, Section 8 of the Lease (Insurance) shall be deleted in its entirety and the
following shall be substituted in lieu thereof:
"8. Insurance .
(a) Tenant covenants and agrees that from and after the Effective Date or any earlier date upon which
Tenant enters or occupies the Expansion Space or any portion thereof, Tenant will carry and maintain, at its sole cost
and expense, the following types of insurance, in the amounts specified and in the form hereinafter provided for:
(i) Liability insurance in the Commercial General Liability form (or reasonable equivalent thereto)
covering the Demised Premises and Tenant's use thereof against claims for bodily injury or death, property damage and
product liability occurring upon, in or about the Demised Premises, such insurance to be written on an occurrence basis
(not a claims made basis), to be in combined single limits amounts not less than Three Million Dollars ($3,000,000.00)
and to have general aggregate limits of not less than Ten Million Dollars ($10,000,000.00) for each policy year. The
insurance coverage required under this Section 8(a)(i) shall, in addition, extend to any liability of Tenant arising out of
the indemnities provided for in Section 11 and, if necessary, the policy shall contain a contractual endorsement to that
effect.
(ii) (A) insurance on the "All-Risk" or equivalent form on a Replacement Cost Basis against loss or
damage to the Building and all other improvements now or hereafter located on the Land (including, without in any
manner limiting the generality of the foregoing, flood insurance if the Demised Premises are located in a flood hazard
area), having a deductible not greater than Fifty Thousand Dollars ($50,000.00); and in an amount sufficient to prevent
Landlord or Tenant from becoming a co-insurer of any loss, but in any event in amounts not less than 100% of the
actual replacement value of such Building and improvements other than foundations and footings. Landlord shall have
the right to require from Tenant, not more often than once every twenty-four (24) months, reasonable evidence of the
value of the Building.
(B) insurance on the "All-
Risk" or equivalent form against abatement or loss of rental by reason of
the occurrences covered by the insurance described in clause (A) above and by reason of any service interruptions in an
amount equal to Base Rent and all Additional Rent for at least twelve (12) months following the occurrence of such
casualty;
(C) boiler and machinery insurance covering losses to or from any steam boilers, pressure vessels
or similar apparatus requiring inspection under applicable state or municipal laws or regulations which are located at
the Demised Premises or on any other building systems for which such coverage is available, in amounts determined by