eTrade 2000 Annual Report Download - page 160

“ Premises”) within the building known as 4200 Bohannon Drive, Menlo Park, California (the “4200 Bohannon Building”), as more
particularly described in the Lease. The capitalized terms used in this Amendment and not otherwise defined herein shall have the
same meanings given to such terms in the Lease.
D. The 4200 Bohannon Building is located within a portion of the Project (“Phase I”) consisting of the real property (the “Phase I
Lot”) described in Exhibit B to the Lease, all of the Improvements located thereon and all appurtenances thereto. Phase I is referred to
in the Lease as the “Phase,” and the Phase I Lot is referred to in the Lease as the “Lot.”
E. Pursuant to Section 26.1 of the Lease, Tenant has an option (the “Expansion Option”) to lease from Landlord approximately
twenty-three thousand two hundred forty-one (23,241) rentable square feet of additional space (the “Expansion Space”) within the
building known as 4400 Bohannon Drive, Menlo Park, California (the “4400 Bohannon Building”). The Expansion Space is more
particularly described in the Lease. The Expansion Space is referred to in the Lease as the “4400 Bohannon Expansion Option Space.”
F. The 4400 Bohannon Building is located within a portion of the Project (“Phase II”) consisting of the real property (the “Phase II
Lot”) described in Exhibit A , attached hereto, all of the Improvements located thereon and all appurtenances thereto.
G. Tenant has exercised the Expansion Option with respect to the Expansion Space. In connection therewith, Landlord and Tenant
now desire to amend the Lease to, among other things, extend the Term, expand the Premises to include the Expansion Space, and
increase both the Base Rent and the percentage of Operating Expenses and Impositions for which Tenant is responsible under the
Lease, as provided herein.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties, the receipt and adequacy of
which are hereby acknowledged, the parties hereto agree as follows:
1. Expansion Space . Effective as of the date on which Landlord delivers possession of the Expansion Space to Tenant, in the
condition required pursuant to Section 8 below (the “Expansion Space Delivery Date”), the Premises shall be expanded to include, in
addition to the space presently leased to Tenant under the Lease, the Expansion Space. If the Expansion Space will become available
for lease to Tenant prior to August 31,
2000, Landlord shall notify Tenant in writing of the date on which Landlord expects to deliver the Expansion Space to Tenant.
2. Definitions . Effective as of the Expansion Space Delivery Date, the following terms contained in the Lease shall have the
meanings set forth below:
2.1. Premises . The term “Premises” as used in the Lease shall refer to the existing Premises and the Expansion Space.
2.2. Building . The term “Building” as used in the Lease shall refer to both the 4200 Bohannon Building and the 4400 Bohannon
Building.
2.3. Lot . The term “Lot” as used in the Lease shall refer to both the Phase I Lot and the Phase II Lot.
2.4. Phase . The term “Phase” as used in the Lease shall refer to both Phase I and Phase II.
2.5. Building Common Areas . The term “Building Common Areas” as used in the Lease shall mean (i) the areas and facilities within
the 4200 Bohannon Building provided and designated by Landlord for the general use, convenience or benefit of Tenant and other
tenants of the 4200 Bohannon Building (e.g., common stairwells, stairways, hallways, shafts, elevators, restrooms, janitorial telephone
and electrical closets, pipes, ducts, conduits, wires and appurtenant fixtures servicing the 4200 Bohannon Building) and (ii) the areas
and facilities within the 4400 Bohannon Building provided and designated by Landlord for the general use, convenience or benefit of
Tenant and other tenants of the 4400 Bohannon Building (e.g., common stairwells, stairways, hallways, shafts, elevators, restrooms,
janitorial telephone and electrical closets, pipes, ducts, conduits, wires and app urtenant fixtures servicing the 4400 Bohannon
Building).
2.6. Phase Common Areas . The term “Phase Common Areas” as used in the Lease shall mean (i) the areas and facilities within Phase I
provided and designated by Landlord for the general use, convenience or benefit of Tenant and other tenants and occupants of Phase I
(e.g., uncovered and unreserved parking areas, walkways and accessways) and (ii) the areas and facilities within Phase II provided and
designated by Landlord for the general use, convenience or benefit of Tenant and other tenants and occupants of Phase II (e.g.,
uncovered and unreserved parking areas, walkways and accessways).
2.7. Tenant’ s Building Percentage Share . The term “Tenant’ s Building Percentage Share” as used in the Lease shall mean (i) one
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