Circuit City 2005 Annual Report Download - page 117

policies of insurance and the Defaulting Party shall promptly reimburse the Procuring Party therefor.
(e) Each party may, at any time, but not more than one (1) time in any twenty-four (24) month period,
require a review of the insurance coverage and limits of liability set forth in Section 8 to determine whether the
coverage and the limits are reasonable and adequate in the then existing circumstances. The review shall be undertaken
on a date and at a time set forth in a party's notice requesting a review and shall be conducted at the Demised Premises.
If the parties are, after a review, unable to agree on either the coverage or the limits, then the parties shall employ the
Dispute Resolution Procedure (as defined in Paragraph 16 below) with insurance advisors having at least ten (10) years
experience in insurance for commercial and industrial properties serving as Officials. In rendering the decision the
Officials shall consider the requirements of Section 8, the cost of the insurance to be obtained, inflation, changes in
condition, and the insurance then being carried by similar industrial use developments in the area of the Project."
9. Effective as of the Effective Date, Section 9 of the Lease (Utilities) shall be deleted in its entirety and the
following shall be substituted in lieu thereof:
"9. Utilities
. Commencing on the Effective Date and continuing through the remainder of the Term, Tenant
shall be responsible for maintaining the portion of the utility lines located between the Land boundary line and the
Building and shall promptly pay as billed to Tenant all rents and charges for water and sewer services and all costs and
charges for gas, steam, electricity, fuel, light, power, telephone, heat and any other utility or service used or consumed
in or servicing the Demised Premises and all other costs and expenses involved in the care, management and use
thereof to the extent charged by the applicable utility companies. If Tenant fails to pay any utility bills or charges,
Landlord may, at its option and upon reasonable notice to Tenant, pay the same and in such event, the amount of such
payment, together with interest thereon at the Interest Rate as defined in Section 32 from the date of such payment by
Landlord, will be added to Tenant's next due payment, as Additional Rent."
10. Effective as of the Effective Date, Section 10 of the Lease (Maintenance and Repairs) shall be deleted in its
entirety and the following shall be substituted in lieu thereof:
"10. Maintenance and Repairs .
(a) General . From and after the Effective Date and throughout the Term, Tenant shall, at its own cost
and expense, maintain the Demised Premises, exterior and interior, in good condition and repair, including, without
limitation, repair and maintenance of the exterior walls of the Building and the interior of the Building, including but
not limited to the electrical systems, heating, air conditioning and ventilation systems, plate glass, windows and doors,
sprinkler and plumbing systems, excluding, however, the roof, foundation and structural frame of the Building, which
shall be the responsibility of Landlord. In addition, Landlord shall be responsible for damage to the floor caused by a
defect in the foundation or structural frame of the Building, specifically excluding, however, damage caused by
Tenant's use of the floor or the Demised Premises. During the Term, Tenant shall maintain in full force and effect a
service contract for the heating, ventilation and air conditioning systems with an entity reasonably acceptable to
Landlord. Tenant shall deliver to Landlord (i) a copy of said service contract prior to the Lease Commencement Date,
and (ii) thereafter, a copy of a renewal or substitute service contract within thirty (30) days prior to the expiration of the
existing service contract. Tenant's obligations to repair and maintain the Demised Premises shall also include, without
limitation, repair, maintenance and replacement of all plumbing and sewage facilities within and about the Demised
Premises (including, specifically, but without limitation, the portion of water and sewer lines between the boundary of
the Land and Building), fixtures, interior walls, floors, ceilings, windows, doors, storefronts, painting and caulking,
plate glass, skylights, all electrical facilities and equipment including, without limitation, lighting fixtures, lamps, fans
and any exhaust equipment and systems, electrical motors, and all other appliances and equipment of every kind and
nature located in, upon or about the Demised Premises including, without limitation, exterior lighting and fencing, and
any sidewalks, parking areas and access ways (including, without limitation, curbs and striping) upon the Demised
Premises and the landscaping and grounds surrounding the Building. All glass, both interior and exterior, is at the sole
risk of Tenant; and any broken glass shall be promptly replaced at Tenant's expense by glass of like kind, size and
quality. Unless the same is caused solely by the negligent action or inaction of Landlord, Landlord shall not be liable to
Tenant or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking
of any vessel or pipe in or about the Demised Premises, or for any damage occasioned by water coming into the
Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.