CompUSA 2014 Annual Report Download - page 89

Notwithstanding anything to the contrary in this Paragraph 30, Tenant shall have no liability of any kind to Landlord as to
Hazardous Materials on the Premises caused or permitted by (i) Landlord, its agents, employees, contractors or invitees; or (ii) any other tenants
in the Project or their agents, employees, contractors, subtenants, assignees or invitees.
Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation,
diminution in value of the Premises or the Project and loss of rental income from the Project), claims, demands, actions, suits, damages
(including, without limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action, or
cleanup expenses), and costs (including, without limitation, actual attorneys' fees, consultant fees or expert fees and including, without
limitation, removal or management of any asbestos brought into the property or disturbed in breach of the requirements of this Paragraph 30,
regardless of whether such removal or management is required by law) which are brought or recoverable against, or suffered or incurred by
Landlord as a result of any release of Hazardous Materials for which Tenant is obligated to remediate as provided above or any other breach of
the requirements under this Paragraph 30 by Tenant, its agents, employees, contractors, subtenants, assignees or invitees, regardless of whether
Tenant had knowledge of such noncompliance. The obligations of Tenant under this Paragraph 30 shall survive any termination of this Lease.
Landlord shall have access to, and a right to perform inspections and tests of, the Premises to determine Tenant's compliance
with Environmental Requirements, its obligations under this Paragraph 30, or the environmental condition of the Premises. Access shall be
granted to Landlord upon Landlord's prior notice to Tenant and at such times so as to minimize, so far as may be reasonable under the
circumstances, any disturbance to Tenant's operations. Such inspections and tests shall be conducted at Landlord's expense, unless such
inspections or tests reveal that Tenant has not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for
the reasonable cost of such inspection and tests. Landlord's receipt of or satisfaction with any environmental assessment in no way waives any
rights that Landlord holds against Tenant.
31.
Rules and Regulations
. Tenant shall, at all times during the Lease Term and any extension thereof, comply with all reasonable
rules and regulations at any time or from time to time established by Landlord and provided to Tenant in writing, covering use of the Premises
and the Project. The current Project rules and regulations are attached hereto as Exhibit B. In the event of any conflict between said rules and
regulations and other provisions of this Lease, the other terms and provisions of this Lease shall control. Landlord shall not have any liability or
obligation for the breach of any rules or regulations by other tenants in the Project.
32.
Security Service
. Tenant acknowledges and agrees that, while Landlord may patrol the Project, Landlord is not providing any
security services with respect to the Premises and that Landlord shall not be liable to Tenant for, and Tenant waives any claim against Landlord
with respect to, any loss by theft or any other damage suffered or incurred by Tenant in connection with any unauthorized entry into the Premises
or any other breach of security with respect to the Premises (unless committed by Landlord or its employees or arising directly out of any
negligence or omission by Landlord).
33.
Force Majeure
. Except for the payment of monetary obligations, neither party shall be held responsible for delays in the
performance of its obligations hereunder when caused by strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or
reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, delay in issuance of permits, enemy
or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of such party ("Force
Majeure").
34.
Entire Agreement
. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter
hereof. No representations, inducements, promises or agreements, oral or written, have been made by Landlord or Tenant, or anyone acting on
behalf of Landlord or Tenant, which are not contained herein, and any prior agreements, promises, negotiations, or representations are
superseded by this Lease. This Lease may not be amended except by an instrument in writing signed by both parties hereto.
35.
Severability
. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws, then and
in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby. It is also the intention of the
parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable, there be added, as a part of this
Lease, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid
and enforceable.
36.
Brokers
. Each party represents and warrants to the other party that it has dealt with no broker, agent or other person in
connection with this transaction and that no broker, agent or other person brought about this transaction, other than the brokers, if any, set forth
on the first page(s) of this Lease (collectively, “Brokers”).
The execution and delivery of this Lease by each party shall be conclusive evidence
that such party has relied upon the foregoing representation and warranty.
Each party agrees to indemnify and hold the other harmless from and
against any claims by any other broker, agent or other person claiming a commission or other form of compensation by virtue of having dealt
with the indemnifying party with regard to this leasing transaction.
Landlord shall pay all commission, fees and other payments owed to the
Brokers pursuant to a separate written agreement between Landlord and such Brokers. The provisions of this Paragraph 36 shall survive the
expiration or termination of this Lease.
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