eTrade 2000 Annual Report Download - page 150

Exhibit A
[FLOOR PLAN APPEARS HERE]
EXHIBIT C
WORK LETTER
(4200 Bohannon Drive)
This Work Letter sets forth Landlord’ s and Tenant’ s responsibilities, respectively, for the construction of certain tenant improvements
in the Premises.
1. Defined Terms . Unless provided to the contrary herein, the following defined terms shall have the meanings set forth below and the
remaining defined terms shall have the meanings set forth in the Lease:
Landlord’ s Representative: Michael E. Tamas
Tenant’ s Representative: JC Blakely
2. Landlord’ s Work. Tenant’ s Work .
3.1 Tenant Improvements . Tenant shall arrange for the construction of certain general purpose office improvements (the “Tenant
Improvements”) in the Premises. The Tenant Improvements shall be subject to Landlord’ s prior written approval (as provided below)
and conform to Landlord’ s General Building Specifications, a copy of which is attached hereto as Schedule 1 . The Tenant
Improvements shall be constructed by Tenant’ s Contractor in accordance with plans and specifications prepared by Tenant’ s Architect
(each as defined below). Tenant’ s construction of the Tenant Improvements is hereinafter referred to as the “Tenant Improvement
Work.”
3.2 Costs . Except for Landlord’ s obligation to pay to Tenant the Tenant Improvement Allowance pursuant to Section 4 below, Tenant
shall be responsible for all costs incurred in connection with the construction of the Tenant Improvements, including (i) the cost of all
labor, materials, equipment and fixtures supplied by Tenant’ s Contractor or any subcontractors or materialmen, (ii) fees paid to
engineers, architects and interior design specialists for preparation of the Preliminary Plans and Working Drawings and all other
services supplied to Tenant in connection with the Tenant Improvements, (iii) all taxes, fees, charges and levies by governmental
agencies for authorizations, approvals, licenses or permits, (iii) fees paid to utility service providers for utility connections and
installation of utility service meters, and (iv) all costs req uired to comply with any governmental requirements triggered as a result of
Tenant’ s construction of the Tenant Improvements.
3.3 Tenant’ s Architect and Contractor . Tenant shall notify Landlord in writing of the name of the architect that Tenant proposes to use
to prepare the plans and specifications and working drawings for the Tenant Improvements and the name of the contractor that Tenant
proposes to use to construct the Tenant Improvements. In addition, Tenant shall deliver to Landlord any information reasonably
requested by Landlord concerning the proposed architect or contractor. The architect and the contractor proposed by Tenant must each
be approved by Landlord in writing, which approval may not be unreasonably withheld. The architect selected by Tenant and
approved by Landlord in connection with the Tenant Improvement Work is hereinafter referred to as “Tenant’ s Architect”. The
contractor selected by Tenant and approved by Landlord in con nection with the Tenant Improvement Work is hereinafter referred to
as “Tenant’ s Contractor”. Both Tenant’ s Architect and Tenant’ s Contractor must be licensed to do business in California. At
Landlord’ s option, Tenant’ s Contractor shall be bondable.
3.4 Construction .
3.4.1 Preliminary Plans . Tenant shall arrange for Tenant’ s Architect to prepare preliminary plans and specifications (the “Preliminary
Plans”) of the proposed Tenant Improvements and submit the Preliminary Plans to Landlord for Landlord’ s review and approval.
Landlord shall approve or disapprove of the Preliminary Plans by written notice to Tenant within five (5) business days after
Landlord’ s receipt of the Preliminary Plans. Landlord shall not unreasonably withhold its approval of the Preliminary Plans. If
Landlord disapproves the Preliminary Plans, Landlord’ s written notice to Tenant disapproving of the Preliminary Plans shall include
(i) a description of the disapproved element of the Preliminary Plans, (ii) the reasons for Landlord’ s disapproval and (iii) at Landlord’ s
option, suggested modifications to the Preliminary Plans. If Landlord disapproves of the Preliminary Plans, Tenant shall arrange for
Tenant’ s Architect to revise the Preliminary Plans to address
Landlord’ s comments and/or incorporate Landlord’ s suggested modifications (if any) and resubmit the Preliminary Plans to Landlord
2002. EDGAR Online, Inc.