CompUSA 2014 Annual Report Download - page 88

25.
Tenant's Remedies/Limitation of Liability
. Landlord shall not be in default hereunder unless Landlord fails to perform any of
its obligations hereunder within 30 days after written notice from Tenant specifying such failure (unless such performance will, due to the nature
of the obligation, require a period of time in excess of 30 days, then after such period of time as is reasonably necessary). In the event of any
such Landlord default, Tenant shall have all legal remedies at law and in equity; and, except as may be otherwise expressly provided in this
Lease, Tenant may not terminate this Lease for breach of Landlord's obligations hereunder. All obligations of Landlord under this Lease will be
binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term "Landlord" in this Lease shall mean
only the owner, for the time being of the Premises, and in the event of the transfer by such owner of its interest in the Premises, such owner shall
thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the Lease
Term upon each new owner for the duration of such owner's ownership. Any liability of Landlord under this Lease shall be limited solely to its
interest in the Project, and in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any
recourse be had to any other property or assets of Landlord.
26.
Intentionally left blank .
27.
Subordination
. Landlord represents to Tenant that as of the date hereof the Building is not subject to or encumbered by a
mortgage. In the event of the sale or assignment of all or part of the Building within which the Premises is contained, or in the event of any
proceedings brought for the foreclosure of, or exercise of the power of sale under, any mortgage covering said Premises and all or part of said
Building, Tenant shall and hereby agrees to attorn to and recognize such purchaser or mortgagee as landlord under this Lease provided that a
standard non-disturbance and attornment agreement (“SNDA”)
is executed and in any of such events, Landlord shall not be liable under this
Lease. In the event Landlord subjects the Building to a mortgage, Tenant agrees to execute a commercially reasonable SNDA within 10 business
days following Landlord’
s written request, with such 10 business day period being extended during any period that Tenant is diligently and
reasonably negotiating such SNDA in good faith. The term "mortgage" whenever used in this Lease shall be deemed to include deeds of trust,
security assignments and any other encumbrances, and any reference to the "holder" of a mortgage shall be deemed to include the beneficiary
under a deed of trust.
28.
Mechanic's Liens
. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or
in any manner to bind the interest of Landlord or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any
person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and
agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in
connection with any work performed on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or
arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease. Tenant
shall give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises and cause such lien or encumbrance
to be discharged within 20 days of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as
such contest prevents foreclosure of the lien or encumbrance and Tenant causes such lien or encumbrance to be bonded or insured over in a
manner satisfactory to Landlord within such 20 day period.
29.
Estoppel Certificates
. Tenant agrees, from time to time, within 15 days after request of Landlord, to execute and deliver to
Landlord, or Landlord's designee, any estoppel certificate requested by Landlord, stating that this Lease is in full force and effect, the date to
which rent has been paid, that Landlord is not in default hereunder (or specifying in detail the nature of Landlord's default), the termination date
of this Lease and such other matters pertaining to this Lease as may be requested by Landlord. Tenant's obligation to furnish each estoppel
certificate in a timely fashion is a material inducement for Landlord's execution of this Lease. No cure or grace period provided in this Lease
shall apply to Tenant's obligations to timely deliver an estoppel certificate.
30.
Environmental Requirements .
Except for Hazardous Material contained in products used by Tenant in de minimis quantities
for ordinary cleaning and office purposes, and except for propane used in Tenant’
s forklifts in the normal course of its business, and except for
fuel required for the generator, and except for Hazardous Materials contained in products stored and/or distributed during Tenant’
s normal
course of business in their original, sealed, and unopened containers
, Tenant shall not permit or cause any party to bring any Hazardous Material
upon the Premises or transport, store, use, generate, manufacture or release any Hazardous Material in or about the Premises without Landlord's
prior written consent. Tenant, at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental
Requirements and shall remediate in a manner satisfactory to Landlord any Hazardous Materials released on or from the Project by Tenant, its
agents, employees, contractors, subtenants or invitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from
time to time relating to Tenant's transportation, storage, use, generation, manufacture or release of Hazardous Materials on the Premises. The
term "Environmental Requirements" means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or
other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under,
or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response,
Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations
or policies promulgated or issued thereunder. The term "Hazardous Materials" means and includes any substance, material, waste, pollutant, or
contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any
fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As
defined in Environmental Requirements, Tenant is and shall be deemed to be the "operator" of Tenant's "facility" and the "owner" of all
Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, by-
products, or residues
generated, resulting, or produced therefrom. No cure or grace period provided in this Lease shall apply to Tenant's obligations to comply with
the terms and conditions of this Paragraph 30.
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