Circuit City 2009 Annual Report Download - page 86

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architect (which plans and specifications shall be submitted to Landlord in advance for Landlord’s review and approval); and
(d) all other applicable provisions of the Lease.
f)
Premises: From and after the Additional Premises Commencement Date, the “Premises” demised pursuant to the Lease shall
be deemed to consist and be comprised of both the Original Premises and the Additional Premises (totaling, in the aggregate,
82,866 square feet of gross leaseable floor space). Accordingly, from and after the Additional Premises Commencement Date:
(i) all terms, conditions and provisions contained in the Lease, as modified by this letter Agreement, shall also apply in respect
of the Additional Premises as if the Additional Premises were originally included within the Premises on the date upon which
the Lease was originally executed; and (ii) all references to the “Premises” appearing in the Lease and/or in this letter
agreement shall be deemed to mean and referred to the entire Premises (including both the Original Premises and the
Additional Premises).
2.
Binding Agreement: Once this letter is signed by the Tenant and countersigned by the Landlord this letter will constitute a binding
supplement to, and modification of, the Lease upon the terms set forth in this letter. The Lease, as so modified, is and shall remain in
full force and effect.
3.
Expansion Rights: Tenant’s “First Right of Notice to Lease” set forth in Section R-6 of the Rider to the Lease and Tenant’
s Expansion
Rights” set forth in Section R-7 of the Rider to the Lease shall be modified to specifically exclude from such rights any portion of the
Building leased to Technical Career Institute, Inc., its successors or permitted assigns, specifically being Spaces 230, 240 and Technical
Career Institute Inc’s expansion premises consisting of approximately 6,000 sq. ft. contained within a portion of Bay 220.
4.
Lease Remains in Full Force and Effect, Setoffs or Defenses, Etc.: Tenant does hereby certify, confirm and agree that as of the
date hereof (a) that the Lease, as amended and modified herein, is, and shall remain and continue, in full force and effect, binding and
enforceable in accordance with its terms, (b) that Landlord is not in default in the performance of any duty or obligation on its part to be
performed under the Lease, and (c) that Tenant has no offsets, defenses or counterclaims to Tenant’s obligation to pay all Rent and
other sums and to perform all other duties and obligations, on Tenant’s part to be paid and/or performed under the Lease, as herein
amended and modified.
3