Circuit City 2005 Annual Report Download - page 120

(d) Landlord shall be entitled to receive the entire award in any proceeding with respect to any taking
provided for in this Section 21, without deduction therefrom for any estate vested in Tenant by this Lease, and Tenant
shall receive no part of such award. Nothing herein contained shall be deemed to prohibit Tenant from making a
separate claim, against the condemnor, to the extent permitted by law, for the value of the unamortized tenant
improvements (installed in accordance with Section 18 at Tenant's expense), Tenant's moveable trade fixtures,
machinery and moving expenses, provided that, in any case, the making of such claim shall not and does not adversely
affect or diminish Landlord's award."
15. Taxes and Other Impositions .
(a) Commencing on the Effective Date and continuing through the remainder of the Term, Tenant shall be
solely obligated for the costs of all real estate taxes and other impositions for the Demised Premises, including the
Building and the Land, and Tenant agrees to pay all installments of such imposition which accrue during the Term. If
any real estate taxes or other impositions for the Demised Premises are payable in arrears, Tenant agrees to pay to
Landlord Tenant's share of such taxes attributable to the last year of the Term within thirty (30) days after Tenant
receives from Landlord evidence of the actual amount due for such last year. This provision shall expressly survive the
expiration or termination of the Lease in order to settle up Tenant's pro rata share of such taxes for the final Lease Year
of the Term.
(b) Real estate taxes and other impositions shall mean all ad valorem taxes, water and sanitary taxes,
assessments, liens, licenses and permit fees or any other taxes imposed, assessed or levied against the Land and the
Demised Premises, and all other charges, impositions or burdens of whatever kind and nature, whether or not
particularized by name, and whether general or special, ordinary or extraordinary, foreseen or unforeseen, which at any
time during the Term may be created, assessed, confirmed, adjudged, imposed or charged upon or with respect to the
Demised Premises, the Land, or any improvements made thereto, or on any part of the foregoing or any appurtenances
thereto, or directly upon this Lease or the rent payable hereunder or amounts payable by any subtenants or other
occupants of the Demised Premises, or upon this transaction or any documents to which Tenant is a party or successor-
in-interest, or against Landlord because of Landlord's estate or interest herein, by any governmental authority, or under
any law, including among others, all rental, sales, use, inventory or other similar taxes and any special tax bills and
general, special or other assessments and liens or charges made on local or general improvements or any governmental
or public power or authority whatsoever.
(c) Notwithstanding the foregoing, if any imposition shall be created, levied, assessed, adjudged, imposed,
charged or become a lien with respect to a period of time which ends after the expiration date of the Term (other than
an expiration date of the Term by reason of breach of any of the terms hereof by Tenant), then Tenant shall only be
required to pay that portion of such imposition which is equal to the proportion of said period which falls within the
Term. If Tenant is permitted to pay (by the assessing and collecting authorities) and elects to pay any imposition in
installments, Tenant shall nevertheless pay any and all installments thereof which are due prior to the expiration of the
Term or sooner termination of the Term. Nothing contained in this Lease shall require Tenant to pay any income or
excess profits or taxes assessed against Landlord, or any corporation, capital stock and franchise taxes imposed upon
Landlord. Landlord agrees to deliver to Tenant copies of all such notices of real estate taxes and impositions which
Landlord receives.
(d) Landlord shall forward tax bills related to the Demised Premises to Tenant promptly after Landlord's
receipt thereof. Tenant shall furnish Landlord evidence of the payment of all real estate taxes and impositions related to
the Demised Premises at least ten (10) days before the last day upon which they may be paid without any fine, penalty,
interest or additional cost. If Tenant fails to pay the real estate taxes and impositions related to the Demised Premises
when due and Landlord elects to pay the real estate taxes and impositions related to the Demised Premises, Tenant
agrees to pay Landlord such real estate taxes and impositions attributable to the Demised Premises so paid by Landlord,
within thirty (30) days after receipt of written notice from Landlord."
16. Dispute Resolution Procedure . In the event that a dispute arises between Landlord and Tenant under the
Lease, and the Lease specifically provides that the dispute resolution procedure outlined in this Paragraph 16 (herein
referred to as the "Dispute Resolution Procedure") shall be utilized, the parties shall proceed as follows:
(i) The party electing to proceed under the procedures outlined herein (the "Electing Party") shall give