Circuit City 2005 Annual Report Download - page 87

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(iv) Without terminating this Lease, in its own name but as agent for Tenant, enter into and upon and
take possession of the Demised Premises or any part thereof. Any property remaining in the Demised Premises may be
removed and stored in a warehouse or elsewhere at the cost of, and for the account of, Tenant without Landlord being
deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby unless caused
by Landlord’s negligence. Thereafter, Landlord may, but shall not be obligated to, lease to a third party the Demised
Premises or any portion thereof as the agent of Tenant upon such terms and conditions as Landlord may deem
necessary or desirable in order to relet the Demised Premises. The remainder of any rentals received by Landlord from
such reletting, after the payment of any indebtedness due hereunder from Tenant to Landlord, and the payment of any
costs and expenses of such reletting, shall be held by Landlord to the extent of and for application in payment of future
rent owed by Tenant, if any, as the same may become due and payable hereunder. If such rentals received from such
reletting shall at any time or from time to time be less than sufficient to pay to Landlord the entire sums then due from
Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Notwithstanding any such reletting without
termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous default provided
same has not been cured; or
(v) Without terminating this Lease, and with or without notice to Tenant, enter into and upon the
Demised Premises and, without being liable for prosecution or any claim for damages therefor, maintain the Demised
Premises and repair or replace any damage thereto or do anything or make any payment for which Tenant is
responsible hereunder. Tenant shall reimburse Landlord immediately upon demand for any expenses which Landlord
incurs in thus effecting Tenant’s compliance under this Lease and Landlord shall not be liable to Tenant for any
damages with respect thereto; or
(vi) Reserved.
(vii) With or without terminating this Lease, allow the Demised Premises to remain unoccupied and
collect rent from Tenant as it comes due; or
(viii) Pursue such other remedies as are available at law or equity.
(c) If this Lease shall terminate as a result of or while there exists an Event of Default hereunder, any funds
of Tenant held by Landlord may be applied by Landlord to any damages payable by Tenant (whether provided for
herein or by law) as a result of such termination or default.
(d) Neither the commencement of any action or proceeding, nor the settlement thereof, nor entry of
judgment thereon shall bar Landlord from bringing subsequent actions or proceedings from time to time, nor shall the
failure to include in any action or proceeding any sum or sums then due be a bar to the maintenance of any subsequent
actions or proceedings for the recovery of such sum or sums so omitted.
(e) No agreement to accept a surrender of the Demised Premises and no act or omission by Landlord or
Landlord’s agents during the Term shall constitute an acceptance or surrender of the Demised Premises unless made in
writing and signed by Landlord. No re-
entry or taking possession of the Demised Premises by Landlord shall constitute
an election by Landlord to terminate this Lease unless a written notice of such intention is given to Tenant. No
provision of this Lease shall be deemed to have been waived by either party unless such waiver is in writing and signed
by the party making such waiver. Landlord’s acceptance of Base Rent or Additional Rent in full or in part following an
Event of Default hereunder shall not be construed as a waiver of such Event of Default. No custom or practice which
may grow up between the parties in connection with the terms of this Lease shall be construed to waive or lessen either
party’s right to insist upon strict performance of the terms of this Lease, without a written notice thereof to the other
party.
(f) If an Event of Default shall occur, Tenant shall pay to Landlord, on demand, all expenses incurred by
Landlord as a result thereof, including reasonable attorneys’ fees, court costs and expenses actually incurred.
(g) If an Event of Default shall occur, all remedies exercised by Landlord pursuant to the terms hereof shall
be exercised pursuant to and in accordance with the laws of the State of Georgia.
23.
Landlord
’
s Right of Entry
. Tenant agrees to permit Landlord and the authorized representatives of