Circuit City 2005 Annual Report Download - page 81

quantities reasonably necessary for and consistent with normal and ordinary use by Tenant in the routine operation or
maintenance of Tenant’s office equipment or in the routine janitorial service, cleaning and maintenance for the
Demised Premises. For purposes of this Section 16, Landlord shall be deemed to have reasonably withheld consent if
Landlord determines that the presence of such Hazardous Substance within the Demised Premises could result in a risk
of harm to person or property or otherwise negatively affect the value or marketability of the Building or the Project.
(e) Tenant shall not cause or permit the release of any Hazardous Substances by Tenant or Tenant’s
Affiliates into any environmental media such as air, water or land, or into or on the Demised Premises, the Building or
the Project in any manner that violates any Environmental Laws. If such release shall occur, Tenant shall (i) take all
steps reasonably necessary to contain and control such release and any associated Contamination, (ii) clean up or
otherwise remedy such release and any associated Contamination to the extent required by, and take any and all other
actions required under, applicable Environmental Laws and (iii) notify and keep Landlord reasonably informed of such
release and response.
(f) Regardless of any consents granted by Landlord pursuant to Section 16(d) allowing Hazardous
Substances upon the Demised Premises, Tenant shall under no circumstances whatsoever cause or permit (i) any
activity on the Demised Premises which would cause the Demised Premises to become subject to regulation as a
hazardous waste treatment, storage or disposal facility under RCRA or the regulations promulgated thereunder, (ii) the
discharge of Hazardous Substances into the storm sewer system serving the Project or (iii) the installation of any
underground storage tank or underground piping on or under the Demised Premises.
(g) Tenant shall and hereby does indemnify Landlord and hold Landlord harmless from and against any and
all reasonable and actual expense, loss, and liability suffered by Landlord (except to the extent that such expenses,
losses, and liabilities arise out of Landlord’s own negligence or willful act), by reason of the storage, generation,
release, handling, treatment, transportation, disposal, or arrangement for transportation or disposal, of any Hazardous
Substances (whether accidental, intentional, or negligent) by Tenant or Tenant’s Affiliates or by reason of Tenant’s
breach of any of the provisions of this Section 16. Such expenses, losses and liabilities shall include, without limitation,
(i) any and all expenses that Landlord may incur to comply with any Environmental Laws; (ii) any and all costs that
Landlord may incur in studying or remedying any Contamination at or arising from the Demised Premises, the
Building, or the Project; (iii) any and all costs that Landlord may incur in studying, removing, disposing or otherwise
addressing any Hazardous Substances; (iv) any and all fines, penalties or other sanctions assessed upon Landlord; and
(v) any and all reasonable legal and professional fees and costs incurred by Landlord in connection with the foregoing.
The indemnity contained herein shall survive the expiration or earlier termination of this Lease.
17. Construction of Demised Premises .
(a) Within thirty (30) days after the Lease Date, Landlord shall prepare, at Landlord’
s sole cost and expense,
and submit to Tenant a set of plans and specifications and/or construction drawings (collectively, the “Plans and
Specifications”) based on the preliminary plans and specifications and/or preliminary floor plans set forth on Exhibit B
attached hereto and incorporated herein, covering all work to be performed by Landlord in constructing the
Improvements (as defined in Section 8(a)(ii)). Tenant shall have ten (10) days after receipt of the Plans and
Specifications in which to review and to give to Landlord written notice of its approval of the Plans and Specifications
or its requested changes to the Plans and Specifications. Tenant shall have no right to request any changes to the Plans
and Specifications which would materially alter either the Demised Premises or the exterior appearance or basic nature
of the Building, as the same are contemplated by the Preliminary Plans. If Tenant fails to approve or request changes to
the Plans and Specifications by ten (10) days after its receipt thereof, then Tenant shall be deemed to have approved the
Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and
Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within ten (10)
days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not
thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to
incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as modified by
said revisions, shall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in
its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Tenant
acknowledges that the Improvements are being constructed on a “fast track”
basis and that Landlord shall have the right
and option to submit various parts of the proposed Plans and Specifications from time to time during said thirty (30)
day period and the time period for approval of any part of the proposed Plans and Specifications shall commence upon