Circuit City 2005 Annual Report Download - page 133

(e) Payment of Base Rent . During the term, Tenant shall pay the Base Rent in equal monthly installments
due and payable, in advance, on the first day of each calendar month to Landlord at CBRE AAF Wrightwood
Capital/175 Ambassador, P.O. Box 2088 Department #4162, Milwaukee, Wisconsin 53201; or if you want to wire your
payment: Bank Name: Wells Fargo, Account Name: CBRE AAF Cohen Financial/161 Tower, Account Number: 405-
0009232, ABA Number: 12000248 (or such other entity designated as Landlord’s management agent), or pursuant to
such other directions as Landlord shall designate in this Lease or otherwise in writing.
6. Roof Replacement . Effective as of the date of this Amendment, Section 6.2 of the Lease is hereby
amended to add the following thereto:
7. Real Estate Brokers . Tenant covenants, warrants and represents to Landlord that Tenant has not dealt
with any broker in connection with the subject matter of this Amendment. Tenant agrees to and hereby does defend,
indemnify and hold Landlord harmless against and from any brokerage commissions or finder’s fees or claims therefor
by a party claiming to have dealt with Tenant in connection with the subject matter of this Amendment and all costs,
expenses and liabilities in connection therewith, including, without limitation, reasonable attorneys’ fees and expenses.
The foregoing indemnification shall survive the termination or expiration of the Lease.
8. Authority .
Tenant represents and warrants to Landlord that each individual executing this Amendment on
behalf of Tenant is authorized to do so on behalf of Tenant and that Tenant is not, and the entities or individuals
accepted) Landlord’s Fair Market Rent Determination pursuant to Section 3.1(d)(i) above, then the
Fair Market Base Rent shall be determined by appraisal. Such appraisal shall be made as hereinafter
provided, based upon each such appraiser’s definition of “fair market value” and also based on such
criteria as each such appraiser deems appropriate. However, under any and all circumstances, such
criteria shall include, without limitation, (A) the then current use of the Demised Premises; (B) the
size and condition of the Demised Premises; (C) the duration of the Renewal Term; (D) the financial
responsibility arid creditworthiness of Tenant; and (E) rental rates then being charged for comparable
premises in the Naperville/Aurora. Illinois commercial marketplace.
Tenant’s notice to Landlord under Section 3.1(d)(i) not to accept Landlord’s Fair Market Rent
Determination shall include a designation of Tenant’s independent appraiser. Within five (5) days
after Tenant’
s designation, Landlord shall designate its independent appraiser and shall notify Tenant,
in writing, thereof. Within five (5) days after Landlord’s designation, both appraisers shall mutually
agree on the designation of a third appraiser. Landlord shall pay all costs associated with the
appraiser designated by Landlord; Tenant shall pay all costs associated with the appraiser designated
by Tenant; Landlord and Tenant shall share equally in all costs associated with the appraiser
designated by the other two appraisers. All three appraisers shall be reputable, M.A.I. certified
independent real estate appraisers, each of whom shall be knowledgeable and experienced in the
appraisals of rents for warehouse/distribution/office facilities (with ancillary retail space) in the
Naperville/Aurora, Illinois commercial marketplace.
After their appointment, the appraisers shall be directed to determine independently the Fair Market
Base Rent for the Demised Premises. Within thirty (30) days after the designation of the third
appraiser, all three appraisals of such Fair Market Base Rent amount(s) shall be submitted, in writing,
to Landlord and Tenant. If two or all three of the appraisals shall be identical in amount, the Fair
Market Base Rent for the Demised Premises, shall be such identical amount. If none of the appraisals
for each such amount are identical, the highest and the lowest appraisal shall be disregarded and the
Fair Market Base Rent for the Demised Premises shall be the amount determined by the middle
appraisal.
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In connection with any replacement of the roof, Tenant shall be required to use a Landlord approved roof vendor
and installer. To the extent not otherwise covered by any applicable roof warranty, Landlord will reimburse
Tenant for fifty percent (50%) of the cost associated with the replacement of the roof on the existing 241,130
square foot building at the time such roof is replaced. Notwithstanding the foregoing, Landlord shall have no
obligation to reimburse Tenant under this section if: (i) Tenant fails to use a Landlord approved roof vendor or
(ii) at the time of such payment is otherwise due, there is any Default under this Lease.
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