Circuit City 2005 Annual Report Download - page 128

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1. Expansion of Demised Premises .
“ARTICLE 2A
EXPANSION OF DEMISED PREMISES
Section 2A.l — Expansion Improvements.
The “Expansion Improvements” shall mean that additional bulk warehouse space and dock facilities, if any,
contiguous to the Initial Improvements and associated site work, all of which shall be as depicted in Exhibit G attached
hereto and made a part hereof, which Landlord shall cause to be constructed on the Land, subject to finalization and
preparation of the Final Expansion Base Building Plans and Final Expansion Interior Design Plans and Specifications
(as such terms are defined in Section 2A.2 below), in accordance with this Article 2A. Attached hereto and made part
hereof as Exhibit G are preliminary expansion plans and specifications for the Expansion Improvements (“Preliminary
Expansion Plans and Specifications”), consisting of outline specifications prepared by McShane Construction
Corporation dated October 18, 2005, revised November 2, 2005, November 11, 2005 and further revised February 13,
2006; site plan dated February 10, 2006; floor plan dated February 10, 2006 and Civil Drawings sheets C0-C5 dated
February 9, 2006. Tenant has reviewed and approved all of the Preliminary Expansion Plans and Specifications. Tenant
hereby authorizes and directs Landlord to proceed with the preparation of the components of the Final Expansion Plans
and Specifications and the commencement of construction of the Expansion Improvements.
Section 2A.2 Preparation of Expansion Plans. On or before the date which is forty- five (45) days after the
date hereof and subject to Section 2A.8 hereof, Landlord shall cause to be prepared and delivered to Tenant all of the
components of the (i) base building specifications for the Expansion Improvements (“Final Expansion Base Building
Plans”) and (ii) interior design specifications for the Expansion Improvements (“Final Expansion Interior Design Plans
and Specifications”); each of which shall be prepared by Harris Architects, Inc. (“Expansion Architect” or “Architect”
),
shall be based on the Preliminary Expansion Plans and Specifications and shall be in a form sufficiently complete to
enable the issuance of a building permit by the City.
If each component of the Final Expansion Base Building Plans and the Final Expansion Interior Design Plans
and Specifications, respectively, submitted by Landlord is in substantial compliance with the Preliminary Expansion
Plans and Specifications, then Tenant shall neither unreasonably withhold its approval of any such submitted
component (except for just and reasonable cause) nor act in an arbitrary or capricious manner with respect to the
approval thereof; provided, further however, that it shall be unreasonable for Tenant to withhold its approval of any
submitted component if (i) the component (or any revision thereto) is designed or necessary to meet any municipal or
private business park requirement or restriction; or (ii) the component is in substantial conformance with the
Preliminary Expansion Plans and Specifications. The procedure for the approval or disapproval, revision and
resubmission of the components of the Final Expansion Plans and Specifications shall be the same as set forth in
Section 2.2(c) hereof for the Final Plans and Specifications for the Initial Improvements, except that Tenant will have
ten (10) not twenty (20) business days after Landlord’s initial delivery to Tenant of each component of the Final
Expansion Plans and Specifications to either approve or disapprove each such component.
months prior to the expiration of the Initial Term or the First Renewal Term, as applicable. It shall be a condition
to the exercise and effectiveness of each option for a Renewal Term that Tenant shall not be in default of any of
the terms, provisions or conditions of this Lease, either at the time of delivery of the Renewal Notice in question,
or at the commencement of the Renewal Term in question; provided, however, that Landlord shall have the right,
in its sole discretion, to waive any such default for purposes of Tenant
’
s exercise of the Renewal Term.
”
A. Effective as of the date of this Amendment, Sections 2.6, 2.7 and 2.8 of the Lease are hereby deleted
in their entirety.
B. Effective as of the date of this Amendment, Exhibit G to the Lease is hereby superseded in its
entirety with
Exhibit G
attached to this Amendment.
C. Effective as of the date of this Amendment, Article 2A of the Lease is hereby deleted in its entirety
and replaced with the following: