eTrade 2000 Annual Report Download - page 161

hundred percent with respect to Operating Expenses and other costs and expenses attributable to or incurred in connection with the
ownership, operation, repair and/or maintenance of the 4200 Bohannon Building and (ii) fifty and 245/1000ths percent (50.245%)
with respect to Operating Expenses and other costs and expenses attributable to or incurred in connection with the ownership,
operation, repair and/or maintenance of the 4400 Bohannon Building. If the Rentable Area of the Premises or the Rentable Area of
either the 4200 Bohannon Building or the 4400 Bohannon Building changes, then (i) Tenant’ s Building Percentage Share with respect
to the 4200 Bohannon Building shall be adjusted to a percentage equal to the Rentable Area of the Premises in the 4200 Bohannon
Building divided by the Rentable Area of the 4200 Bohannon Building and (ii) Tenant’ s Building Percentage Share with respect to the
4400 Bohannon Building shall be adjusted to a percentage equal to the Rentable Area of the Premises in the 4400 Bohannon Building
divided by the Rentable Area of the 4400 Bohannon Building.
2.8. Tenant’ s Phase Percentage Share . The term “Tenant’ s Phase Percentage Share” as used in the Lease shall mean (i) forty-nine and
807/1000ths percent (49.807%) with respect to Operating Expenses and other costs and expenses attributable to or incurred in
connection with the ownership, operation, repair and/or maintenance of Phase I and (ii) twenty-one and 288/1000ths percent
(21.288%) with respect to Operating Expenses and other costs and expenses attributable to or incurred in connection with the
ownership, operation, repair and/or maintenance of Phase II. If the Rentable Area of the Premises or the Rentable Area of either Phase
I or Phase II changes, then (i) Tenant’ s Phase Percentage Share with respect to Phase I shall be adjusted to a percentage equal to the
Rentable Area of the Premises in Phase I divided by the Rentable Area of Phase I and (ii) Tenant’ s P hase Percentage Share with
respect to Phase II shall be adjusted to a percentage equal to the Rentable Area of the Premises in Phase II divided by the Rentable
Area of Phase II.
2.9. Rent . The term “Rent” shall mean Base Rent, Additional Rent, Expansion Space Base Rent (defined in Section 4 hereof) and all
other amounts payable by Tenant under the Lease.
2.10. Base Rent . For purposes of Sections 6.2(e), 7.2, 12.4, 13.2, 14.1, 15.1, 16.1, 19.12, 25.2(a) and (b) and 25.4 of the Lease, the
term “Base Rent” shall mean both the Base Rent and the Expansion Space Base Rent.
3. Rentable Area. Landlord and Tenant agree that for all purposes under the Lease, (i) the Rentable Area of the Expansion Space
shall be deemed to be the rentable square footage of the Expansion Space as stated in Recital E of this Amendment, (ii) the Rentable
Area of the 4400 Bohannon Building as of the date of this Amendment shall be deemed to be forty-six thousand two hundred fifty-five
(46,255) rentable square feet and (iii) the Rentable Area of Phase II shall be deemed to be one hundred nine thousand one hundred
seventy-five (109,175) rentable square feet.
4. Expansion Space Base Rent . In addition to Tenant’ s obligation to pay to Landlord the Base Rent described in Section 4.1 of the
Lease, Tenant shall pay to Landlord base rent with respect to Tenant’ s lease of the Expansion Space in the amount of Seventy-Three
Thousand Nine Hundred Sixty-Eight and 47/100 Dollars ($73,968.47) per month (the “Expansion Space Base Rent”). The Expansion
Space Base Rent shall be increased on November 15, 2000, and on each November 15 thereafter during the Term by three and
one-half percent (3.5%), regardless of whether the Expansion Space Delivery Date has occurred. Tenant’ s obligation to pay Expansion
Space Base Rent to Landlord shall commence on the forty-fifth (45th) day after Expansion Space Delivery Date (hereinafter referred
to as the “Expansion Space Rent Commencement Date”) and continue thereafter during the Term; provided, howeve r, if Landlord
delivers possession of the Expansion Space to Tenant prior to August 31, 2000 as a result of an Early Termination Event, then the
Expansion Space Rent Commencement Date shall occur on the sixtieth (60th) day after the Expansion Space Delivery Date. Tenant
shall pay to Landlord the Expansion Space Base Rent in advance, on the Expansion Space Rent Commencement Date and on the first
day of each calendar month thereafter, together with Tenant’ s payment to Landlord of the Base Rent described in Section 4.1 of the
Lease, without deduction, abatement or setoff whatsoever. If the Expansion Space Rent Commencement Date or the last day of the
Term is other than the first or last day of a calendar month, respectively, then the Expansion Space Base Rent for the partial calendar
month in which the Expansion Space Rent Commencement Date or the end of the Term occurs shall be prorated on a per diem basis,
based on the number of days in such calendar month.
5. Tenant’s Project Percentage Share . Effective as of the Expansion Space Delivery Date, Tenant’ s Project Percentage Share shall
be equal to the sum of (i) Tenant’ s Project Percentage Share immediately prior to the Expansion Space Delivery Date and (ii) six and
212/1000ths percent (6.212%).
6. Term . The Term shall be extended until the last day of the tenth (10th) year after the latest of (i) the commencement of Tenant’ s
lease of the First Increment Expansion Space, (ii) the commencement of Tenant’ s lease of the Second Increment Expansion Space or
(iii) the Expansion Space Delivery Date.
7. Parking . Effective as of the Expansion Space Delivery Date, Tenant shall: have the right to use twenty-one and 288/1000ths
percent (21.288%) of the parking spaces in Phase II on a non-exclusive basis.
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