Circuit City 2005 Annual Report Download - page 79

and is not covered by the insurance required to be carried by Tenant pursuant to the terms of this Lease, Landlord shall
not be liable to Tenant or to any other person for any damage occasioned by failure in any utility system or by the
bursting or leaking of any vessel or pipe in or about the Demised Premises, or for any damage occasioned by water
coming into the Demised Premises or arising from the acts or neglects of occupants of adjacent property or the public.
11. Tenant’s Personal Property; Indemnity . All of Tenant’
s personal property in the Demised Premises shall be
and remain at Tenant’s sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant
hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of
God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall not
be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant
expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases,
except, in the case of personal injury only, to the extent caused by the negligence of Landlord, its agents, employees
and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including,
without limitation, attorneys’ fees, that Landlord reasonably may incur in investigating, handling or litigating any such
claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents,
employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this
Lease with respect to any damage, injury or death occurring before such expiration or termination.
12. Tenant’s Fixtures . Without requiring compliance with Section 18 hereof, Tenant shall have the right to
install in the Demised Premises trade fixtures required by Tenant or used by it in its business, and if installed by
Tenant, to remove any or all such trade fixtures from time to time during and upon termination or expiration of this
Lease, provided , however , that Tenant shall repair and restore any damage or injury to the Demised Premises (to the
condition in which the Demised Premises existed prior to such installation), normal wear and tear excepted, caused by
the installation and/or removal of any such trade fixtures. Notwithstanding the foregoing, Landlord acknowledges and
agrees that Tenant’s racking will be anchored to the concrete floor slab of the Demised Premises and upon vacating the
Demised Premises these anchors will be cut flush with the slab and not removed or filled.
13. Signs
. No sign, advertisement or notice shall be inscribed, painted, affixed, or displayed on the windows or
exterior walls of the Demised Premises or on any public area of the Building, except in such places, numbers, sizes,
colors and styles as are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld
or delayed and which conform to all applicable laws, ordinances, or covenants affecting the Demised Premises,
including, without limitation, the Protective Covenants. Any and all signs installed or constructed by or on behalf of
Tenant pursuant hereto shall be installed, maintained and removed by Tenant at Tenant’s sole cost and expense.
14. Waiver of Landlord’s Lien . Landlord waives any statutory liens and any rights of distraint with respect to
Tenant’s inventory and property. This lease does not grant a contractual lien or any other express or implied security
interest to Landlord with respect to Tenant’s inventory or property. Landlord acknowledges that pursuant to a security
agreement between the Tenant and Tenant’s lenders including JP Morgan Chase Bank (the “
Lenders), the Lenders have
a security interest in Tenant’s inventory and other property. Upon execution of this Lease, the Landlord agrees to
execute the Landlord Waiver and Consent in the form attached hereto as Exhibit G and by this reference made a part
hereof.
15. Governmental Regulations . Tenant shall promptly comply throughout the Term, at Tenant’s sole cost and
expense, with all present and future laws, ordinances, orders, rules, regulations or requirements of all federal, state and
municipal governments and appropriate departments, commissions, boards and officers thereof (collectively,
“Governmental Requirements”)
relating to (a) all or any part of the Demised Premises, and (b) the use or manner of use
of the Demised Premises and the Building Common Area. Tenant shall also observe and comply with the requirements
of all policies of public liability, fire and other policies of insurance at any time in force with respect to the Demised
Premises. Without limiting the foregoing, if as a result of one or more Governmental Requirements it is necessary,
from time to time during the Term, to perform an alteration or modification of the Demised Premises, the Building or
the Building Common Area (a “Code Modification”) which is made necessary as a result of the specific use being
made by Tenant of the Demised Premises or a Tenant’s Change, then such Code Modification shall be the sole and
exclusive responsibility of Tenant in all respects; any such Code Modification shall be promptly performed by Tenant
at its expense in accordance with the applicable Governmental Requirement and with Section 18 hereof. If as a result of
one or more Governmental Requirements it is necessary from time to time during the Term to perform a Code
Modification which (i) would be characterized as a capital expenditure under generally accepted accounting principles