eTrade 2000 Annual Report Download - page 144

At the end of this Section, insert “Notwithstanding anything to the contrary contained in Section 15.6, in calculating the amount of the
excess rent or other consideration due to Landlord in connection with any assignment or sublease by Tenant, Tenant shall be entitled to
deduct from the total amount of rent or other consideration paid to Tenant (prior to determining Landlord’ s share of any excess rent or
other consideration) the total amount of (i) any attorneys’ fees and brokerage commissions paid by Tenant in connection with the
assignment or sublease and (ii) the cost of installing a demising wall in connection with the partitioning of the Premises for multiple
occupancy. In addition, further notwithstanding anything to the contrary contained in Section 15.6, Landlord shall not be entitled to
any excess rent or consideration in connection with Tenant’ s assignment of its interest in this Lease to a Permitted Assignee or
Tenant’ s sublease of all or a portion of the Premises to a Permitted Assignee.”
Section 15.12 :
On page 19, line 4, after the word “release”, insert “; provided, however, Landlord shall be released from its obligation to refund the
Security Deposit to Landlord in accordance with the terms of this Lease only if Landlord delivers the Security Deposit to the transferee
or the transferee assumes in writing liability for returning the Security Deposit to Tenant in accordance with the terms of this Lease.”
Section 15.13 :
At the end of Section 15.12, add the following Sections’
“15.13. Additional Space . During the Term, Tenant shall not sublease (as a sublessee) any additional space within the Project or take
an assignment of any lease of additional space within the Project which would result in Tenant having subleased or, as a result of one
or more assignments, leased in the aggregate more than fifty (50,000) rentable square feet of space in the Project without Landlord’ s
prior written consent, which may be withheld by Landlord in its sole and absolute discretion. Notwithstanding the foregoing, if Tenant
(i) exercises its option pursuant to Section 26 and leases the 4400 Bohannon Expansion Option Space and (ii) exercises its option
under the 4500 Bohannon Lease and leases all of the First Expansion Option Space (defined in the 4500 Bohannon Lease), then, from
the later of the commencement of Tenant’ s lease of the 4400 Bohannon Expansion Option Space or the commencement of Tenant’ s
lease of a ny increment of the First Expansion Option Space, Tenant shall not occupy or sublease any additional space in the Project,
as a result of one or more assignment or sublease of, in the aggregate, more than thirty thousand (30,000) rentable square feet of space
without Landlord’ s prior written consent, which may be withheld by Landlord in its sole and absolute discretion.
15.14 Landlord Estoppel Certificate . Within ten (10) days after Tenant’ s written request, Landlord shall execute and deliver to
Landlord, in recordable form, a certificate to Tenant certifying, among other things, (i) that this Lease is unmodified and in full force
and effect or, if modified, stating the nature of the modification and certifying that this Lease, as so modified, is in full force and effect,
(ii) the date to which the Rent and other charges have been paid in advance, if any; and (iii) that to Landlord’ s actual knowledge, there
are no uncured defaults on the part of Tenant under this Lease, or if there are uncured defaults on the part of Tenant, stating the nature
of the uncured defaults. Any such certificate may be relied upon by Tenant.”
Section. 16.1 :
On page 20, line 9, after the number “ten (10)”, insert “business”.
Section 16.3 :
At the end of this Section, insert “Tenant’ s obligations under this Lease are conditioned upon Tenant’ s receipt of an executed
nondisturbance agreement from all current mortgagees (as of the date of this Lease) whose liens are secured by the Phase within sixty
(60) days after the date of this Lease. The nondisturbance agreement, among other things, shall provide that Tenant’ s possession of the
Premises shall not be disturbed in the event of a foreclosure so long as Tenant is not in default under this Lease, and that this Lease
shall remain in full force and effect, without materially increasing Tenant’ s obligations and duties under this Lease or materially
diminishing Tenant’ s rights and privileges under this Lease. Tenant shall subordinate Tenant’ s interest in the Premises, Building and
Phase and this Lease to any future mortgagee or ground lessor provided that such mortgagee or ground lessor agrees to provide Tenant
with a nondisturbance agreement on the terms set forth above.”
Section 19.5 :
On page 21, line 3, in place of the deleted language, insert “constitutes the Phase”.
Section 19.12 :
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