Circuit City 2005 Annual Report Download - page 92

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(c) All rights, powers, and privileges conferred hereunder upon the parties hereto shall be cumulative, but
not restrictive to those given by law.
(d) TIME IS OF THE ESSENCE OF THIS LEASE.
(e) No failure of Landlord or Tenant to exercise any power given Landlord or Tenant hereunder or to insist
upon strict compliance by Landlord or Tenant with its obligations hereunder, and no custom or practice of the parties at
variance with the terms hereof shall constitute a waiver of Landlord’s or Tenant’s rights to demand exact compliance
with the terms hereof.
(f) This Lease contains the entire agreement of the parties hereto as to the subject matter of this Lease and
no prior representations, inducements, letters of intent, promises or agreements, oral or otherwise, between the parties
not embodied herein shall be of any force and effect. Any future amendment to this Lease must be in writing and
signed by the parties hereto. The masculine (or neuter) pronoun, singular number shall include the masculine, feminine
and neuter gender and the singular and plural number.
(g) This contract shall create the relationship of landlord and tenant between Landlord and Tenant; no estate
shall pass out of Landlord; Tenant has a usufruct, not subject to levy and sale, and not assignable by Tenant except as
expressly set forth herein.
(h) Landlord and Tenant agree to execute, upon request of the other, a short form memorandum of this
Lease in recordable form and the requesting party shall pay the costs and charges for the recording of such short form
memorandum of lease. Under no circumstances shall Tenant have the right to record this Lease (other than a short form
memorandum of Lease, as approved by Landlord), and should Tenant do so, Tenant shall be in default hereunder.
(i) The captions of this Lease are for convenience only and are not a part of this Lease, and do not in any
way define, limit, describe or amplify the terms or provisions of this Lease or the scope or intent thereof.
(j) This Lease may be executed in multiple counterparts, each of which shall constitute an original, but all of
which taken together shall constitute one and the same agreement.
(k) This Lease shall be interpreted under the laws of the State where the Demised Premises are located.
(l) The parties acknowledge that this Lease is the result of negotiations between the parties, and in
construing any ambiguity hereunder no presumption shall be made in favor of either party. No inference shall be made
from any item which has been stricken from this Lease other than the deletion of such item.
36. Special Stipulations . The Special Stipulations, if any, attached hereto as Exhibit C , are incorporated herein
and made a part hereof, and to the extent of any conflict between the foregoing provisions and the Special Stipulations,
the Special Stipulations shall govern and control.
37. Lease Date . For purposes of this Lease, the term “Lease Date” shall mean the later date upon which this
Lease is signed by Landlord and Tenant.
38. Authority . If Tenant is not a natural person, Tenant shall cause its corporate secretary or general partner, as
applicable, to execute the certificate attached hereto as Exhibit E. Tenant is authorized by all required corporate or
partnership action to enter into this Lease and the individual(s) signing this Lease on behalf of Tenant are each
authorized to bind Tenant to its terms.
39. No Offer Until Executed . The submission of this Lease by Landlord to Tenant for examination or
consideration does not constitute an offer by Landlord to lease the Demised Premises and this Lease shall become
effective, if at all, only upon the execution and delivery thereof by Landlord and Tenant. Execution and delivery of this
Lease by Landlord to Tenant constitutes an offer to lease the Demised Premises on the terms contained herein. The
offer by Landlord will be irrevocable until 6:00 p.m. Eastern time for two (2) days after the date of execution of this
Lease by Landlord and delivery to Tenant. If Landlord has not received from Tenant within said two (2) day period (i)