eTrade 2000 Annual Report Download - page 153

Tenant shall not change the Tenant’ s Representative without notice to Landlord.
6.2 Landlord’ s Representative . Landlord has designated Landlord’ s Representative as its sore representative with respect to the
matters set forth in this Work Letter, who shall have full authorize and responsibility to act on behalf of Landlord as required in this
Work Letter. Landlord shall not change Landlord’ s Representative without notice to Tenant.
7. Indemnity . Tenant shall indemnify, protect and defend (with counsel satisfactory to Landlord) and hold harmless Landlord and all
other Indemnified Parties from and against any and all suits, claims, actions, losses, costs or expenses (including claims for workers’
compensation, attorneys’ fees and costs) based on personal injury or property damage caused in, or contract claims (including, but not
limited to claims for breach of warranty) arising from the performance of the Tenant Improvement Work. Tenant shall repair or
replace (or, at Landlord’ s election, reimburse Landlord for the cost of repairing or replacing) any portion of the Building, Phase and/or
Project, or item of Landlord’ s equipment or any of Landlord’ s real or personal property, damaged, lost or destroyed in the
performance of the Tenant Improvement Work.
8. No Representations or Warranties . Notwithstanding anything to the contrary contained in the Lease or this Work Letter, Landlord’ s
participation in the preparation of the Preliminary Plans and the Approved Working Drawings shall not constitute any representation
or warranty, express or implied, that the Preliminary Plans or the Approved Working Drawings are in conformity with applicable
governmental codes, regulations or rules. Tenant acknowledges and. agrees that the Premises are intended for use by Tenant and the
specification and design requirements for the Tenant Improvements are not within the special knowledge or experience of Landlord.
9. No Encumbrance . Tenant shall not mortgage, grant a security interest in or otherwise encumber all or any portion of the Tenant
Improvements.
10. Landlord Delays . The Commencement Date shall be delayed one (1) day for each day that Landlord is late in responding to
Tenant’ s request for approval of the Preliminary Plans and Working Drawings as provided above.
11. HVAC System . In the event Tenant elects to use a portion of the Premises for the operation of a data center, then, as part of the
Tenant Improvement. Work, Tenant shall install a HVAC system or unit in the Premises. Tenant’ s installation of the HVAC system or
unit in the Premises shall be subject to Landlord’ s review and approval of Tenant’ s plans and specifications for the HVAC system or
unit (to be included as part of Tenant’ s Preliminary Plans and Working Drawings). Landlord, by written notice to Tenant, may require
Tenant to remove the HVAC system or unit at the end of the Term and repair any damage to the Premises due to Tenant’ s removal of
the HVAC system of unit.
12. Conduit . Tenant shall have the right to install underground conduit in the Project to connect the various building in the Project that
are leased by Tenant and the Generator, provided that Tenant complies with each of the following terms and conditions: (i) prior to
installing additional conduit in the Phase, Tenant utilizes the existing conduit in the Phase to the extent the conduit can be used in a
secure manner (excluding the Generator which will use its own dedicated conduit), (ii) Tenant installs additional conduit in the Phase
only in
the location designated by Landlord; (iii) all of the terms and conditions contained in the Lease with respect to Tenant’ s construction
of additional improvements in the Premises, including Landlord’ s right to approve Tenant’ s proposed plans, shall apply with respect to
Tenant’ s installation of additional conduit in the Phase, and (iv) following Tenant’ s installation of additional conduit in the Phase,
Tenant shall restore the landscaping, parking lots and other areas within the Project that are disturbed or affected as a result of
Tenant’ s installation of additional conduit to their condition existing prior to Tenant’ s installation of additional conduit, including
applying a seal coat and striping to the parking lot in the area where the additional conduit is placed so that the patched area. of the
parking lot (resulting from the installation of the conduit) blends with and is not materially distinguishable from the remaining portion
of the parking lot in t he Phase as reasonably determined by Landlord.
13. Generator .
13.1 Right to Install Generators . Subject to the terms and conditions set forth below, Tenant shall have the right to install an
above-ground emergency diesel generators (each, a “Generator”) in the Project in an area not to exceed forty feet (40’ ) by forty feet
(40’ ). The Generator may not exceed fifteen feet (15’ ) in height and shall be located within the area designated on Schedule 2,
attached hereto (hereinafter referred to as the “Approved Generator Area”). Tenant shall designate the exact location of the Generator
within the Approved Generator Area. Tenant may not install any underground storage tanks in connection with the installation or use
of the Generator. Tenant’ s right to install and use the Generator within the Approved Generator Area is subject to (i) the rights of the
holders of any pre-existing easements over, in or under the Project, and (ii) Tenant’ s compliance with all laws, including, without
limitation, set-back restrictions, height restrictions and local noise ordinances or standards. If Tenant is unable to install the Generator
in the Approved Generator Area for any reason, Landlord shall designate an alternative location within the Project for installation of
2002. EDGAR Online, Inc.