Circuit City 2005 Annual Report Download - page 74

2. Demised Premises . For and in consideration of the rent hereinafter reserved and the mutual covenants
hereinafter contained, Landlord does hereby lease and demise unto Tenant, and Tenant does hereby hire, lease and
accept, from Landlord all upon the terms and conditions hereinafter set forth the following premises, referred to as the
“Demised Premises”, as outlined on Exhibit A attached hereto and incorporated herein: an agreed upon approximately
517,628 square feet of space, approximately 29,000 square feet of which is office space, having an address as set forth
in Section 1(a), located within Building M (the “Building”), which contains a total of an agreed upon approximately
647,228 square feet and is located within Hamilton Mill Business Center (the “Project”), located in Gwinnett County,
Georgia. On or prior to the Lease Commencement Date, Landlord shall deliver to Tenant a certificate from Landlord’s
architect certifying the square feet of space contained in the Building; provided , however , that Landlord and Tenant
hereby acknowledge and agree that, notwithstanding the fact that the actual square footage of the Building as set forth
in such certificate may differ from that set forth in Section 1(c) above, there will be no adjustment to Annual Base Rent
or Monthly Base Rent Installments payable by Tenant hereunder as a result of such difference.
3. Term . To have and to hold the Demised Premises for a preliminary term (the “Preliminary Term”)
commencing on the Lease Date and ending on the day immediately preceding the Lease Commencement Date as set
forth in Section 1(f), and a primary term (the “Primary Term”) commencing on the Lease Commencement Date and
terminating on the Expiration Date as set forth in Section 1(h), as the Lease Commencement Date and the Expiration
Date may be revised pursuant to Section 17 (the Preliminary Term, the Primary Term, and any and all extensions
thereof, herein referred to as the “Term”). The term “Lease Year”, as used in this Lease, shall mean the 12-month
period commencing on the Base Rent Commencement Date, and each 12-month period thereafter during the Term;
provided, however,
that (i) if the Base Rent Commencement Date occurs after the Lease Commencement Date, the first
Lease Year will include the period between the Lease Commencement Date and the Base Rent Commencement Date,
and (ii) if the Base Rent Commencement Date is a day other than the first day of a calendar month, the first Lease Year
shall include the resulting Fractional Month and shall extend through the end of the twelfth (12th) full calendar month
following the Base Rent Commencement Date.
(k)
Security Deposit:
$0.00
(l) Permitted Use: Warehouse and distribution, and office, administrative and retail
uses reasonably incidental or ancillary thereto.
(m)
Address for notice:
Landlord: Hamilton Mill Business Center, LLC
c/o IDI, Inc.
3424 Peachtree Road, N.E., Suite 1500
Atlanta, Georgia 30326
Attn: Manager
-
Lease Administration
Tenant: Global Equipment Company, Inc.
11 Harbor Park Drive
Port Washington, New York 11050
Attn: General Counsel
With a copy to: JPMorgan Chase Bank, N.A.
1166 Avenue of the Americas, 16th Floor,
New York, New York, 10036
Attention: Credit Deputy.
(n) Address for rental payments: Hamilton Mill Business Center, LLC
c/o IDI Services Group, LLC
P. O. Box 281464
Atlanta, Georgia 30384
-
1464
(o)
Broker(s):
Cushman & Wakefield of Georgia
(p)
Guarantor:
Systemax, Inc., a Delaware corporation