Circuit City 2005 Annual Report Download - page 80

and (ii) is not made necessary as a result of the specific use being made by Tenant of the Demised Premises (as
distinguished from an alteration or modification which would be required to be made by the owner of any warehouse-
office building comparable to the Building irrespective of the use thereof by any particular occupant) or a Tenant’s
Change, then (a) Landlord shall have the obligation to perform the Code Modification at its expense, (b) the cost of
such Code Modification shall be amortized on a straight-line basis over the useful life of the item in question, as
reasonably determined by Landlord, and (c) Tenant shall be obligated to pay (as Additional Rent, payable in the same
manner and upon the same terms and conditions as the Base Rent reserved hereunder) for (i) Tenant’s proportionate
share (based on Tenant’s Operating Expense Percentage) of the portion of such amortized costs attributable to the
remainder of the Term, including any extensions thereof, with respect to any Code Modification respecting the
Building or the Building Common Area, and (ii) the entire portion of such amortized costs attributable to the remainder
of the Term, including any extensions thereof, with respect to any Code Modification respecting the Demised Premises.
Tenant shall promptly send to Landlord a copy of any written notice received by Tenant requiring a Code Modification.
16. Environmental Matters .
(a) For purposes of this Lease:
(i) “Contamination” as used herein means the presence of or release of Hazardous Substances (as
hereinafter defined) into any environmental media from, upon, within, below, into or on any portion of the Demised
Premises, the Building, the Building Common Area or the Project so as to require remediation, cleanup or investigation
under any applicable Environmental Law (as hereinafter defined).
(ii) “Environmental Laws” as used herein means all federal, state, and local laws, regulations, orders,
permits, ordinances or other requirements, which exist now or as may exist hereafter, concerning protection of human
health, safety and the environment, all as may be amended from time to time including, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (“CERCLA”) and
the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. (“RCRA”).
(iii) “Hazardous Substances”
as used herein means any hazardous or toxic substance, material, chemical,
pollutant, contaminant or waste as those terms are defined by any applicable Environmental Laws and any solid wastes,
polychlorinated biphenyls, urea formaldehyde, asbestos, radioactive materials, radon, explosives, petroleum products
and oil.
(b) Landlord represents that, except as revealed to Tenant in writing by Landlord, to Landlord’s actual
knowledge, Landlord has not treated, stored or disposed of any Hazardous Substances upon or within the Demised
Premises, nor, to Landlord’s actual knowledge, has any predecessor owner of the Demised Premises.
(c) Tenant covenants that all its activities, and the activities of Tenant’s Affiliates (as defined in Section 10
(b)), on the Demised Premises, the Building, or the Project during the Term will be conducted in compliance with
Environmental Laws. Tenant warrants that to its actual knowledge it is currently in compliance with all applicable
Environmental Laws and that there are no pending or threatened notices of deficiency, notices of violation, orders, or
judicial or administrative actions involving alleged violations by Tenant of any Environmental Laws. Tenant, at
Tenant’s sole cost and expense, shall be responsible for obtaining all permits or licenses or approvals under
Environmental Laws necessary for Tenant’s operation of its business on the Demised Premises and shall make all
notifications and registrations required by any applicable Environmental Laws. Tenant, at Tenant’s sole cost and
expense, shall at all times comply with the terms and conditions of all such permits, licenses, approvals, notifications
and registrations and with any other applicable Environmental Laws affecting in any way the Demised Premises.
Tenant warrants that it has obtained or will obtain by the Lease Commencement Date all such permits, licenses or
approvals and has made or will make by the Lease Commencement Date all such notifications and registrations
required by any applicable Environmental Laws necessary for Tenant’s operation of its business on the Demised
Premises.
(d) Tenant shall not cause or permit any Hazardous Substances to be brought upon, kept or used in or about
the Demised Premises, the Building, or the Project without the prior written consent of Landlord, which consent shall
not be unreasonably withheld; provided , however , that the consent of Landlord shall not be required for the use at the
Demised Premises of cleaning supplies, toner for photocopying machines and other similar materials, in containers and