Circuit City 2005 Annual Report Download - page 84

Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord’s interest in the
Demised Premises by reason of non-payment thereof; provided further that on final determination of the lien or claim
for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien
released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien,
Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall reimburse
Landlord upon demand for all costs and expenses incurred in connection therewith, which expenses shall include any
attorneys’ fees, paralegals’ fees and any and all costs associated therewith, including litigation through all trial and
appellate levels and any costs in posting bond to effect a discharge or release of the lien. Nothing contained in this
Lease shall be construed as a consent on the part of Landlord to subject the Demised Premises to liability under any
lien law now or hereafter existing of the state in which the Demised Premises are located.
19. Services by Landlord . Landlord shall be responsible for providing for maintenance of the Building
Common Area, and, except as required by Section 10(b) hereof or as otherwise specifically provided for herein,
Landlord shall be responsible for no other services whatsoever. Tenant, by payment of Tenant’s share of the Operating
Expenses, shall pay Tenant’s pro rata share of the expenses incurred by Landlord hereunder.
20. Fire and Other Casualty . In the event the Demised Premises are damaged by fire or other casualty insured
by Landlord, Landlord agrees to promptly restore and repair the Demised Premises at Landlord’s expense, including
the Improvements to be insured by Tenant, but only to the extent Landlord receives insurance proceeds therefor,
including the proceeds from the insurance required to be carried by Tenant on the Improvements. Notwithstanding the
foregoing, in the event that the Demised Premises are (i) in the reasonable opinion of Landlord, so destroyed that they
cannot be repaired or rebuilt within two hundred seventy (270) days after the date of such damage; or (ii) destroyed by
a casualty which is not covered by Landlord’s insurance, or if such casualty is covered by Landlord’s insurance but
Lender or other party entitled to insurance proceeds fails to make such proceeds available to Landlord in an amount
sufficient for restoration of the Demised Premises, then Landlord shall give written notice to Tenant of such
determination (the “Determination Notice”) within sixty (60) days of such casualty. Either Landlord or Tenant may
terminate and cancel this Lease effective as of the date of such casualty by giving written notice to the other party
within thirty (30) days after Tenant’s receipt of the Determination Notice. Upon the giving of such termination notice,
all obligations hereunder with respect to periods from and after the effective date of termination shall thereupon cease
and terminate. If no such termination notice is given, Landlord shall, to the extent of the available insurance proceeds,
make such repair or restoration of the Demised Premises to the approximate condition existing prior to such casualty,
promptly and in such manner as not to unreasonably interfere with Tenant’s use and occupancy of the Demised
Premises (if Tenant is still occupying the Demised Premises). Base Rent and Additional Rent shall proportionately
abate during the time that the Demised Premises or any part thereof are unusable by reason of any such damage thereto.
21. Condemnation .
(a) If all of the Demised Premises is taken or condemned for a public or quasi-public use, or if a material
portion of the Demised Premises is taken or condemned for a public or quasi-public use and the remaining portion
thereof is not usable by Tenant in the reasonable opinion of Landlord, this Lease shall terminate as of the earlier of the
date title to the condemned real estate vests in the condemnor or the date on which Tenant is deprived of possession of
the Demised Premises. In such event, the Base Rent herein reserved and all Additional Rent and other sums payable
hereunder shall be apportioned and paid in full by Tenant to Landlord to that date, all Base Rent, Additional Rent and
other sums payable hereunder prepaid for periods beyond that date shall forthwith be repaid by Landlord to Tenant, and
neither party shall thereafter have any liability hereunder, except that any obligation or liability of either party, actual or
contingent, under this Lease which has accrued on or prior to such termination date shall survive.
(b) If only part of the Demised Premises is taken or condemned for a public or quasi-public use and this
Lease does not terminate pursuant to Section 21(a), Landlord shall, to the extent of the award it receives, restore the
Demised Premises to a condition and to a size as nearly comparable as reasonably possible to the condition and size
thereof immediately prior to the taking, and there shall be an equitable adjustment to the Base Rent and Additional
Rent based on the actual loss of use of the Demised Premises suffered by Tenant from the taking.
(c) Landlord shall be entitled to receive the entire award in any proceeding with respect to any taking
provided for in this Section 21, without deduction therefrom for any estate vested in Tenant by this Lease, and Tenant
shall receive no part of such award. Nothing herein contained shall be deemed to prohibit Tenant from making a