Circuit City 2009 Annual Report Download - page 67

9.
Exclusive Rights. Amendment Exhibit “C” is attached to and incorporated into the Lease. Tenant shall not violate or breach
any exclusive right granted to any tenant as set forth in Amendment Exhibit “C” and, without limiting the foregoing, Tenant specifically agrees
not to violate or breach the exclusive right granted to Gateway Computers, such agreement being a material inducement to Landlord to enter into
this Amendment. Tenant specifically acknowledges and agrees that, in addition to any other remedies under the Lease for breach of this
provision, the Landlord shall be entitled to specific performance to enforce the restrictions set forth herein.
10.
Protected Parking Area. The Tenant acknowledges and agrees that, notwithstanding any contrary provision contained in the
Lease and without the consent of the Tenant, the Landlord shall be entitled to construct or permit others to construct an additional 20,000 square
feet of gross leasable area as a “Permanent Building” under the Lease, whether by the addition of new buildings or expansion or replacement of
existing buildings, in the portion of the parking lot designated as “Protected Area” as shown on Amendment Exhibit “D” hereto. Further, the
Landlord may construct, with the Tenant’s consent, which shall not be unreasonably withheld, delayed or conditioned, greater than such 20,000
square feet of gross leasable area as a “Permanent Building” within the Protected Area (such excess above the 20,000 square feet being defined
herein as the “Excess GLA”) so long as (a) the parking spaces in the Protected Area removed are replaced with a parking structure, (b) the
parking spaces replaced are reserved in the parking structure for the exclusive use of Tenant, (c) the parking structure provides direct access to
Tenant’s second floor portion of the Premises (the location of which direct access shall be subject to Tenant’s approval, which shall not be
unreasonably withheld, delayed or conditioned and any zoning or building codes), and (d) a minimum of 100 surface parking spaces will remain
for use by customers of Tenant, 25 of which shall be designated as Tenant customer parking and remain located in the area immediately in front
of Tenant’s main entrance as reasonably agreed by both Landlord and Tenant. If Tenant does not provide specific reasonable written objections
to the configuration of the Excess GLA within ten (10) days from receipt of a location sketch from Landlord, such Excess GLA shall be deemed
approved by Tenant.
11.
Signage. The Tenant acknowledges and agrees that, notwithstanding any contrary provision contained in the Lease, upon
vacation of the Release Space, the Tenant shall have no right to signage in connection therewith and all signage installed by Tenant in
connection with the Release Space shall be removed by Tenant, at Tenant’s sole cost and expense. The Tenant may have exterior signage with
respect to the Additional Premises as permitted under applicable law, ordinances and codes, without variance or special exception, and as
approved by the Landlord in writing as to size, style, design, color, lighting, and other factors in accordance with Section R-9 of the Lease. In
connection with such signage, the provisions of Section R-9 of the Lease shall apply, except that the second and third sentences thereof are
deemed deleted hereby.
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