CompUSA 2014 Annual Report Download - page 90

37.
Miscellaneous
. (a)
Any payments or charges due from Tenant to Landlord hereunder shall be considered rent for all
purposes of this Lease.
(b)
If and when included within the term "Tenant," as used in this instrument, there is more than one person, firm or corporation,
each shall be jointly and severally liable for the obligations of Tenant.
(c)
All notices required or permitted to be given under this Lease shall be in writing and shall be sent by registered or certified mail,
return receipt requested, or by a reputable national overnight courier service, postage prepaid, or by hand delivery addressed to Landlord at
4031
North Pecos Road, Suite 107, Las Vegas, Nevada 89115
, with a copy sent to Landlord at
4545 Airport Way, Denver, Colorado 80239,
Attention: General Counsel, and to Tenant at 11 Harbor Park Dr., Port Washington, NY 11050, Attention: Alan Schaeffer with a copy to General
Counsel
. Either party may by notice given aforesaid change its address for all subsequent notices or add an additional party to be copied on all
subsequent notices. Except where otherwise expressly provided to the contrary, notice shall be deemed given upon delivery.
(d)
Except as otherwise expressly provided in this Lease or as otherwise required by law, Landlord retains the absolute right to
withhold any consent or approval.
(e)
In the event of (i) a default by Tenant of its obligations under the Lease, or (ii) a need by Landlord to effectuate a financing
transaction or sale of the Building, or (iii) an assignment or subletting of the Lease by Tenant, or (iv) the exercise of a renewal option by Tenant,
then at Landlord's request from time to time Tenant shall furnish Landlord with true and complete copies of its most recent annual and quarterly
financial statements prepared by Tenant or Tenant's accountants. Landlord shall execute a commercially reasonable confidentiality agreement
prior to receiving any such financial statements from Tenant.
(f)
Neither this Lease nor a memorandum of lease shall be filed by or on behalf of Tenant in any public record. Landlord may
prepare and file, and upon request by Landlord Tenant will execute, a memorandum of lease.
(g)
The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Lease or any exhibits or amendments hereto.
(h)
The submission by Landlord to Tenant of this Lease shall have no binding force or effect, shall not constitute an option for the
leasing of the Premises, nor confer any right or impose any obligations upon either party until execution of this Lease by both parties.
(i)
Words of any gender used in this Lease shall be held and construed to include any other gender, and words in the singular
number shall be held to include the plural, unless the context otherwise requires. The captions inserted in this Lease are for convenience only
and in no way define, limit or otherwise describe the scope or intent of this Lease, or any provision hereof, or in any way affect the interpretation
of this Lease.
(j)
Any amount not paid by Tenant within 5 business days after notice from Landlord to Tenant that such payment was due
(provided, however, that Landlord shall not be obligated to provide written notice of such failure more than 1 times in any consecutive 12-
month
period) shall bear interest from such due date until paid in full at the lesser of the highest rate permitted by applicable law or 12 percent per year.
It is expressly the intent of Landlord and Tenant at all times to comply with applicable law governing the maximum rate or amount of any
interest payable on or in connection with this Lease. If applicable law is ever judicially interpreted so as to render usurious any interest called
for under this Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then it is Landlord's and Tenant's express
intent that all excess amounts theretofore collected by Landlord be credited on the applicable obligation (or, if the obligation has been or would
thereby be paid in full, refunded to Tenant), and the provisions of this Lease immediately shall be deemed reformed and the amounts thereafter
collectible hereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to
permit the recovery of the fullest amount otherwise called for hereunder.
(k)
Construction and interpretation of this Lease shall be governed by the laws of the state in which the Project is located, excluding
any principles of conflicts of laws.
(l)
Time is of the essence as to the performance of Tenant's and Landlord’s obligations under this Lease.
(m)
All exhibits and addenda attached hereto are hereby incorporated into this Lease and made a part hereof. In the event of any
conflict between such exhibits or addenda and the terms of this Lease, such exhibits or addenda shall control.
(n)
In the event either party hereto initiates litigation to enforce the terms and provisions of this Lease, the non-
prevailing party in
such action shall reimburse the prevailing party for its reasonable attorney's fees, filing fees, and court costs.
(o) Tenant agrees and understands that Landlord shall have the right (provided that the exercise of Landlord’
s rights does not
adversely affect Tenant’s use and occupancy of the Premises or subject Tenant to additional costs), without Tenant’
s consent, to place a solar
electric generating system on the roof of the Building or enter into a lease for the roof of the Building whereby such roof tenant shall have the
right to install a solar electric generating system on the roof of the Building; provided, however, that Landlord shall remain solely responsible for
the payment of any increased costs of ensuring that the roof is maintained in a watertight condition and free of leaks throughout the Lease Term
or any extension terms thereof due to such solar system installation, and for any and all repairs in relation thereto to ensure compliance thereof.
Upon receipt of written request from Landlord, Tenant, at Tenant’
s sole cost and expense, shall deliver to Landlord data regarding the electricity
consumed in the operation of the Premises (the “Energy Data”)
for purposes of regulatory compliance, manual and automated benchmarking,
energy management, building environmental performance labeling and other related purposes, including but not limited, to the Environmental
Protection Agency
’
s Energy Star rating system and other energy benchmarking systems. Landlord shall use commercially reasonable efforts to