Circuit City 2005 Annual Report Download - page 76

owed by Tenant or remit such overpayment to Tenant if the Term has expired or has been terminated and no Event of
Default exists hereunder. The obligations in the immediately preceding sentence shall survive the expiration or any
earlier termination of this Lease. If the Lease Commencement Date shall fall on other than the first day of the calendar
year, and/or if the Expiration Date shall fall on other than the last day of the calendar year, Tenant’
s proportionate share
of the Operating Expenses for such calendar year shall be apportioned prorata.
(b) Any amounts required to be paid by Tenant hereunder (in addition to Base Rent) and any charges or
expenses incurred by Landlord on behalf of Tenant under the terms of this Lease shall be considered “Additional Rent”
payable in the same manner and upon the same terms and conditions as the Base Rent reserved hereunder except as set
forth herein to the contrary (all such Base Rent and Additional Rent sometimes being referred to collectively herein as
“Rent”). Any failure on the part of Tenant to pay such Additional Rent when and as the same shall become due shall
entitle Landlord to the remedies available to it for non-payment of Base Rent. Tenant’s obligations for payment of
Additional Rent shall begin to accrue on the Lease Commencement Date regardless of the Base Rent Commencement
Date.
(c) If applicable in the jurisdiction where the Demised Premises are located, Tenant shall pay and be liable
for all rental, sales, use and inventory taxes or other similar taxes, if any, on the amounts payable by Tenant hereunder
levied or imposed by any city, state, county or other governmental body having authority, such payments to be in
addition to all other payments required to be paid to Landlord by Tenant under the terms of this Lease. Such payment
shall be made by Tenant directly to such governmental body if billed to Tenant, or if billed to Landlord, such payment
shall be paid concurrently with the payment of the Base Rent, Additional Rent, or such other charge upon which the tax
is based, all as set forth herein.
7. Use of Demised Premises .
(a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other
purpose.
(b) Tenant will permit no liens to attach or exist against the Demised Premises, and shall not commit any
waste.
(c) The Demised Premises shall not be used for any illegal purposes, and Tenant shall not allow, suffer, or
permit any vibration, noise, odor, light or other effect to occur within or around the Demised Premises that could
constitute a nuisance or trespass for Landlord or any occupant of the Building or an adjoining building, its customers,
agents, or invitees. Upon notice by Landlord to Tenant that any of the aforesaid prohibited uses are occurring, Tenant
agrees to promptly remove or control the same.
(d) Tenant shall not in any way violate any law, ordinance or restrictive covenant affecting the Demised
Premises, including specifically, but without limitation, that certain Declaration of Protective Covenants, Agreements,
Easements, Charges and Liens for Hamilton Mill Business Center dated May 31, 2001 and recorded in Book 23510,
Page 235 of the Gwinnett County, Georgia public records, as amended by that certain Amendment No. 1 to Declaration
of Protective Covenants, Agreements, Easements, Charges and Liens for Hamilton Mill Business Center, recorded in
Deed Book 24400, Page 183, aforesaid records (as amended from time to time, the “Protective Covenants”), and shall
not in any manner use the Demised Premises so as to cause cancellation of, prevent the use of, or increase the rate of,
the fire and extended coverage insurance policy required hereunder. Landlord makes no (and does hereby expressly
disclaim any) covenant, representation or warranty as to the Permitted Use being allowed by or being in compliance
with any applicable laws, rules, ordinances or restrictive covenants now or hereafter affecting the Demised Premises,
and any zoning letters, copies of zoning ordinances or other information from any governmental agency or other third
party provided to Tenant by Landlord or any of Landlord’s agents or employees shall be for informational purposes
only, Tenant hereby expressly acknowledging and agreeing that Tenant shall conduct and rely solely on its own due
diligence and investigation with respect to the compliance of the Permitted Use with all such applicable laws, rules,
ordinances and restrictive covenants and not on any such information provided by Landlord or any of its agents or
employees. Notwithstanding anything herein to the contrary, Landlord represents and warrants that, as of the Lease
Date, the Demised Premises is zoned M-1, Light Industry under the City of Buford zoning ordinance, and (ii) the
Permitted Use is an allowed use under the Protective Covenants.