Circuit City 2009 Annual Report Download - page 98

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default by Landlord under the Lease, will not reduce or otherwise modify Tenant’s obligations under the Lease and will not be grounds for
Tenant to terminate the Lease or any of Tenant’s obligations with respect to the Additional Retail Premises.
6. References . From and after the Additional Retail Commencement Date, all references to the “Premises” in the Lease shall
mean and refer to the Original Remaining Premises and the Additional Retail Premises.
7. Confidentiality . Tenant agrees not to disclose any of the terms or provisions of this Amendment to other present or future
tenants or prospective tenants of the Center or their respective representatives, nor to anyone else, excepting professionals (i.e., attorneys and
accountants) who require knowledge thereof in furtherance of Tenant’s bona fide interests.
8. Broker Indemnification . Tenant agrees to indemnify Landlord against any loss, expense (including reasonable attorneys’
fees), cost or liability incurred by Landlord as a result of a claim by any broker, agent or finder representing Tenant or otherwise negotiating this
Amendment on behalf of Tenant.
9. Ratification . Landlord and Tenant hereby ratify and confirm the Lease, as amended by this Amendment, and expressly
acknowledge and agree that the Lease, as amended by this Amendment, remains and shall continue in full force and effect. In the event of any
conflict between the terms and provisions of the Lease and the terms and provisions of this Amendment, the terms and provisions of this
Amendment shall take precedence and control.
10. Counterparts . This Amendment may be executed in counterparts, each of which shall be deemed an original and all of
which, when taken together, shall constitute one and the same instrument.
11. Amendments .
The provisions of this Amendment (including this Section 11) may only be amended, supplemented or waived
by a further agreement in writing duly executed and delivered by Landlord and Tenant.
12. Advice of Counsel . Each of Landlord and Tenant has reviewed this Amendment with its legal counsel or had an opportunity
to review this Agreement with its legal counsel. This Amendment shall be interpreted without regard to any presumption or rule requiring
construction against the party causing this Amendment to be drafted.
13. INTEGRATION . THE LEASE AND THIS AMENDMENT CONSTITUTE THE ENTIRE UNDERSTANDING AND
AGREEMENT BETWEEN LANDLORD AND TENANT WITH RESPECT TO THE SUBJECT MATTER OF THE LEASE AND
THIS AMENDMENT. ALL PRIOR UNDERSTANDINGS AND AGREEMENTS BETWEEN LANDLORD AND TENANT WITH
RESPECT TO THE SUBJECT MATTER OF THIS AMENDMENT ARE MERGED INTO THIS AMENDMENT. AS TO THIS
AMENDMENT, LANDLORD ACKNOWLEDGES THAT NO REPRESENTATION, WARRANTY, INDUCEMENT, PROMISE OR
AGREEMENT HAS BEEN MADE, ORALLY OR OTHERWISE, BY TENANT OR ANYONE ACTING ON BEHALF OF TENANT,
UNLESS SUCH REPRESENTATION, WARRANTY, INDUCEMENT, PROMISE OR AGREEMENT IS EXPRESSLY SET FORTH
IN THIS AMENDMENT. LIKEWISE, AS TO THIS AMENDMENT, TENANT ACKNOWLEDGES THAT NO REPRESENTATION,
WARRANTY, INDUCEMENT, PROMISE OR AGREEMENT HAS BEEN MADE, ORALLY OR OTHERWISE, BY LANDLORD
OR ANYONE ACTING ON BEHALF OF LANDLORD, UNLESS SUCH REPRESENTATION, WARRANTY, INDUCEMENT,
PROMISE OR AGREEMENT IS EXPRESSLY SET FORTH IN THIS AMENDMENT. IN ADDITION TO EXECUTING AND
DELIVERING THIS AMENDMENT, A DULY AUTHORIZED REPRESENTATIVE OF LANDLORD AND TENANT IS
INITIALING THIS SECTION 13 WHERE INDICATED BELOW TO AVOID ANY DOUBT WHATSOEVER THAT LANDLORD
AND TENANT UNDERSTAND THE PROVISIONS OF THIS SECTION 13.
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7
INITIALS
INITIALS
/s/ [ILLEGIBLE]
/s/ [ILLEGIBLE]
LANDLORD
TENANT