Circuit City 2009 Annual Report Download - page 85

d)
Additional Rent. In addition to the Annual Rent, Tenant hereby further agrees to
pay to Landlord during the Extension Term,
all Additional Rent and other charges required to be paid by Tenant pursuant to the Lease, including, but not limited to, all
Utility Charges and Tenant’s Proportionate Share of Taxes, Insurance Premiums, Common Area maintenance expenses, and
other Shopping Center Operating Costs.
Notwithstanding anything in the Lease to the contrary, during the Term of this Lease and any extensions thereof, for the
Additional Premises only, Tenant agrees to pay Landlord as Additional Rent Tenant’s Percentage Share (As it relates to
Property Insurance defined as that fraction, the numerator of which is the total number of rentable square feet of space
contained within the Additional Premises and the denominator of which is the total number of leasable square feet within the
Shopping Center less any area not covered by the Property Insurance policy) of any cost associated with the Property
Insurance (including but not limited to windstorm, “All Risk”, fire, flood, etc.) obtained by Landlord in its reasonable
discretion, for the Shopping Center. If Landlord determines in it’s reasonable discretion that Tenant will be required to pay
Additional Rent to cover it’s Percentage Share of Property Insurance, then Tenant shall pay Landlord an estimated amount of
such costs in equal monthly installments together with Rent. Initially, Landlord estimates that Tenant will be required to pay
Four Hundred and Fifty Dollars per month ($450.00) together with its Rent towards Tenant’s Percentage Share of Property
Insurance.
Within 180 days after the end of each Year or during such other periods as Landlord deems reasonable, the Landlord will
determine and advise Tenant by statement of the exact amount or the Tenant’s Percentage Share of the Shopping Center’s
Property Insurance and, if necessary, an adjustment will be made between the parties within 15 days after the Tenant has been
advised of the actual amount paid. Upon request by Tenant, Landlord agrees to provide Tenant with a copy of the paid
Property Insurance bill as evidence of the basis upon which any increase in Property Insurance is chargeable to Tenant. Tenant
shall be responsible for its Percentage Share of such Property Insurance for fractional years occurring at the beginning and
expiration of the Term of this Lease, and any extensions thereof.
e)
Additional Premises Delivered “As Is”: Except as expressly provided in the Lease, Tenant agrees to accept the Premises in
its “as-is” condition as of the Commencement Date except that the air conditioning equipment, will be in good working order
upon delivery of the Premises. Tenant shall be responsible for performing all renovations, alterations, leasehold improvements,
fixturing and other work required in order to combine the Additional Premises with the Original Premises and in order to
fixture and improve the Additional Premises for the Tenant’s business purposes. Landlord shall have no responsibility or
obligation to perform any work with respect to the shell, floor, storefront, walls, ceilings, lighting fixtures, HVAC system,
toilet rooms, utilities systems or otherwise with respect to the Premises prior to the Commencement Date or thereafter. All
such work shall be carried out by the Tenant, at Tenant’s sole cost and expense, in a good and workmanlike, lien free manner
and in accordance with: (a) Schedule “B” (annexed); (b) all applicable codes, ordinances, rules, regulations and insurance
requirements; (c) detailed plans and specifications prepared at Tenant’s cost by a licensed
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