Circuit City 2005 Annual Report Download - page 118

(b) Landscaping . Tenant shall also be responsible for maintaining a landscape service contract for the
Demised Premises during the Term. For the first Lease Year, Tenant shall maintain a landscape service contract with
the original landscape company which installed the landscaping at the Demised Premises."
11. Effective as of the Effective Date, Section 15 of the Lease (Governmental Regulations) shall be deleted in
its entirety and the following shall be substituted in lieu thereof:
"15. Governmental Regulations . Tenant shall promptly comply throughout the Term of this Lease, at
Tenant's sole cost and expense, with all present and future laws, ordinances and regulations of all applicable governing
authorities relating to all or any part of the Demised Premises, foreseen or unforeseen, ordinary as well as
extraordinary, or to the use or manner of use of the Demised Premises or to the sidewalks, parking areas, curbs and
access ways adjoining the Demised Premises. In the event that such law, ordinance or regulation requires a renovation,
improvement or replacement to the Demised Premises, then Tenant shall be required to make such renovation,
improvement or replacement at Tenant's sole cost and expense. Tenant shall also observe and comply with the
requirements of all policies of public liability, fire and other policies of insurance at any time in force with respect to
the Demised Premises."
12. Effective as of the Effective Date, Section 19 of the Lease (Services by Landlord) shall be deleted in its
entirety and the following shall be substituted in lieu thereof:
"19. Services by Landlord . From and after the Effective Date, Landlord shall be responsible for providing
no services to the Demised Premises whatsoever, except for the services for which Landlord is specifically obligated
pursuant to Section 10(a)."
13. Effective as of the Effective Date, Section 20 of the Lease (Fire and Other Casualty) shall be deleted in its
entirety and the following shall be substituted in lieu thereof:
"20. Fire and Other Casualty .
(a) If the Building or other improvements on the Land shall be damaged or destroyed by fire or other
casualty, Tenant, at Tenant's sole cost and expense, shall promptly and diligently proceed to adjust the loss with the
insurance companies (subject to the approval of the Lender (if applicable) and of Landlord) and arrange for the
disbursement of insurance proceeds, and repair, rebuild or replace such Building and other improvements, so as to
restore the Demised Premises to the condition in which they were immediately prior to such damage or destruction.
The net proceeds of any insurance recovered by reason of such damage or destruction in excess of the cost of adjusting
the insurance claim and collecting the insurance proceeds (such excess being referred to herein as the "Net Insurance
Proceeds") shall be held by the Lender (provided that such Lender is a bank, savings association, insurance company or
other similar institutional lender; herein called "Institutional Lender"), or, if no Lender then holds a Mortgage on the
Demised Premises, by any national or state chartered bank which is reasonably acceptable to Landlord and Tenant; and
the Net Insurance Proceeds shall be released for the purpose of paying the fair and reasonable cost of restoring such
Building and other improvements. Such Net Insurance Proceeds shall be released to Tenant, or to Tenant's contractors,
from time to time as the work progresses, pursuant to such requirements and limitations as may be reasonably
acceptable to Landlord and Lender (if the Lender so requires), including, without limitation, lien waivers from each of
the contractors, subcontractors, materialmen and suppliers performing the work. If the Net Insurance Proceeds (less any
applicable deductible) are insufficient to restore the Demised Premises, Tenant shall be obligated to pay such
deficiency and the amount of any such deductible. Notwithstanding the foregoing, if the Net Insurance Proceeds are
less than Twenty-Five Thousand Dollars ($25,000.00), such Net Insurance Proceeds may be held by Tenant and used
by Tenant to pay the fair and reasonable cost of restoring such Demised Premises and other improvements. If the Net
Insurance Proceeds exceed the full cost of the repair, rebuilding or replacement of the damaged Building or other
improvements, then the amount of such excess Net Insurance Proceeds shall be paid to Tenant upon the completion of
such repair, rebuilding or replacement. Landlord agrees not unreasonably to withhold, condition or delay any approvals
required to be obtained by Tenant from Landlord pursuant to the provisions of this Section 20(a).
(b) Whenever Tenant shall be required to carry out any work or repair and restoration pursuant to this
Section 20, Tenant, prior to the commencement of such work, shall deliver to Landlord for Landlord's prior approval
(which shall not be unreasonably withheld, conditioned or delayed) a full set of the plans and specifications therefor,