Circuit City 2009 Annual Report Download - page 77

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or leased by Landlord (or any affiliate of Landlord), or in which Landlord (or any affiliate of Landlord), has an interest directly or indirectly to
(a) the sale and rental of personal computer hardware and software as well a related and complimentary products and services. (b) The delivery
of computer software training programs and (c) The service and repairs of such type of product that is permitted to be sold and rented as outlined
in (a) all of the forgoing in clauses (a) through (c) are hereinafter collectively referred to as outlined in (a) all the forgoing (or any affiliate of
Landlord) has an interest, directly or indirectly, during the term of this lease. Landlord agrees, subject to the limitations set forth below, that
upon written notice by Tenant of a violation of Tenant’s Exclusive Right, Landlord shall enforce Tenant’s Exclusive Right against other tenants
in the Shopping Center using all reasonable legal means. In the event of a breach by Landlord under this Article 1.D., Tenant shall be entitled to
injunctive relief as well as all other remedies available at law or in equity. Notwithstanding the foregoing, in the event any tenant violates
Tenant’s Exclusive Right, Landlord shall not be required to expend in excess of $25,000.00 in enforcing Tenant’s Exclusive Right; provided,
however, Tenant may elect, at its option, to pay any cost in excess of $25,000.00, in which event landlord shall continue enforcing Tenant’s
Exclusive Right if requested by Tenant. Notwithstanding any provision of this Article 1.D. to the contrary, it is understood and agreed that:
(i) Tenant’s Exclusive Right shall not apply to or be enforceable against any tenants of the Shopping Center (or their respective successors and
assigns) under leases in effect as of the date of full execution of this Lease and which leases permit such Tenant’s to violate Tenant’s Exclusive
Right; (ii) any future tenant of the Shopping Center that occupies at least 25,000 square feet of gross leasable area shall be permitted to use not
more than fifteen percent (15%) of its gross leasable area for computer and computer-related sales and rentals, but no event shall any such tenant
sell or rent “custom built”
computers; and (iii) Landlord shall be permitted to lease space in the Shopping Center to an electronics retailer such as
Best Buy, Circuit City or BrandsMart or to other tenants for the purpose of operating electronic stores that sell computers or computer-related
items.
HOME DEPOT
No portion of the Shopping Center outside of the Premises may be used for home improvements sales, meaning for the sale of any one or more
of the following items exclusive of the sales of electronics... lumber, hardware items, plumbing supplies, electrical supplies, paint, wallpaper,
carpeting, floor coverings, cabinets, siding, ceiling fans, gardening supplies, (exclusive of the sale of electronics), plants, nursery products,
Christmas trees or other related items customarily carried as of the date hereof by a home improvement center (the “Home Improvement
Restriction”) except that (i) business or occupants of less than a total of three thousand (3,000) square feet of gross leasable area shall be exempt
from the foregoing Home Improvement Restriction; and (ii) the sale of any restricted items under the Home Improvement Restriction, if made in
any single “major” premises (a “major”
premises being defined for the purpose hereof as premises that are in excess of 20,000 square feet) and if
ancillary to another primary use, within a retail sales area that does not exceed the lesser of ten (10%) percent of the retail sales area of such
major premises or five thousand (5,000) square feet) shall be exempt from the foregoing Home Improvement Restriction (the foregoing Home
Improvement Restriction as affected by exceptions (i) and (ii) in this sentence is hereinafter referred to as the “Home Improvement Exclusive”).
[Par. 8.2]
KAY BEE TOYS
Landlord is not permitted to Lease any other premises in the Shopping Center for use as a toy or hobby store.
MAILBOXES, ETC.
To
provide the following products and services: Answering service; mail box rental; postal and parcel shipping; rapid air via UPS, DHL, Federal
Express, Airborne, Emery, US Postal Service; Western Union; copying service to the general public; secretarial Desktop publishing/resume
service (collectively, “Primary Business”) and as incident thereto provide printing, electronic typesetting, electronic mail message transmission,
3
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