Circuit City 2009 Annual Report Download - page 66

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being less than the area of the Premises and Additional Premises, provided the substitute premises is between 11,500 square feet and 16,000
square feet.
(iii)
Tenant’s pro rata share shall, as of the date of relocation, be adjusted pursuant to the provisions of the
Lease. (iv)
There shall be no abatement of any Rent payable hereunder on account of Tenant’s relocation or any
inconvenience or business loss caused to Tenant thereby, unless due to the negligence or willful misconduct of Landlord or unless the Tenant
cannot operate its business during the physical relocation.
(c) In the event of Tenant’s relocation to the substitute premises pursuant to this Section, occasioned solely at Landlord’s
requirement pursuant hereto, Landlord shall pay to Tenant all reasonable out-of-pocket expenses of moving Tenant to the substitute premises,
including but not limited to moving trade fixtures and equipment, wiring of computers (including network connections to the main office),
moving telephone equipment, printing of new stationery, moving of inventory, and construction of replacement tenant improvements in the
substitute premises (of a scope and quality substantially similar to that originally constructed) and relocation of signs (if signs cannot be removed
and relocated due to the reduced size of the facade or applicable sign ordinances, Landlord shall provide new signs of like kind, quality and
style). Such payment shall be made so long as Tenant was otherwise in full compliance with the terms of this Lease, that there are no claims or
charges due to Landlord from Tenant, and Tenant has vacated and surrendered the Additional Premises in accordance with the requirements of
the Lease.
7.
Ratification. Except as modified herein, the Lease remains in full force and effect without change, and the terms of the Lease
are reaffirmed and ratified by the Tenant and the Guarantor. This is not a novation nor an accord and satisfaction of the Lease. The Tenant
represent and warrant to the Landlord that, to the best of Tenant’s knowledge, there are no events of default, or events by the passage of time
would become events of default, under the Lease by either the Landlord or the Tenant. In consideration of Landlord’s agreements herein, Tenant
and Guarantor each hereby waive and release any and all setoffs, defenses, claims, and counterclaims which exist, or which may exist with
respect to: (i) the Lease, (ii) the condition of the Premises and the Shopping Center and the Building and (iii) the business relations between
Landlord and Tenant or between Landlord and Guarantor. The rights and remedies of Landlord set forth herein shall be in addition to any other
right and remedy provided by the Lease or by law, and all such rights and remedies shall be cumulative.
8.
Commissions. Each of the parties represents and warrants to the other that it has not dealt with any broker or finder in
connection with this Lease, except Abood Wood Fay Real Estate Group LLC and NAI Miami. Tenant party indemnifies and holds the Landlord
harmless from and against any commission fee or other compensation claimed by any broker based on a commitment allegedly made by Tenant.
4
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