eTrade 2000 Annual Report Download - page 162

8. Delivery . Landlord shall use commercially reasonable efforts to deliver possession of the Expansion Space to Tenant within five
(5) days after Landlord recovers possession of the Expansion Space. Landlord shall deliver possession of the Expansion Space to
Tenant in a broom clean condition, with all building systems in working order and the roof in water-tight condition. Except as
provided above, Tenant shall accept delivery of the Expansion Space in its “as is” condition as of the Expansion Space Delivery Date,
without any representation or warranty of any kind from Landlord.
9. Security Deposit . Concurrently with the execution of this Amendment, Tenant shall deliver to Landlord an additional security
deposit (the “Additional Security Deposit”) in the amount of One Hundred Four Thousand Three Hundred Thirty-Nine and 83/100
Dollars ($104,339.83). The Additional Security Deposit shall be combined with the Security Deposit and secure the performance of all
of Tenant’ s obligations under the Lease. Tenant shall not be entitled to interest on the Additional Security Deposit. From and after the
date of this Amendment, the term “Security Deposit” as used in the Lease shall mean both the original Security Deposit and the
Additional Security Deposit.
10. Signage . Notwithstanding anything to the contrary contained in the Lease, Tenant may not install, construct or place any exterior
signage on the 4400 Bohannon Building.
11. Tenant Improvement Allowance . Landlord shall not be required to pay to Tenant any tenant improvement allowance or
inducement in connection with or as a result of Tenant’ s lease of the Expansion Space.
12. Addendum . The term “Rider” contained in Section 4.2 of the Lease shall refer to the Addendum to Menlo Oaks Corporate
Center Lease attached to and constituting a portion of the Lease.
13. Delivery Date Memorandum . Following the commencement of Tenant’ s lease of the First Increment Expansion Space, the
commencement of Tenant’ s lease of the Second Increment Expansion Space and the Expansion Space Delivery Date, Landlord shall
prepare and deliver to Tenant a delivery date memorandum (the “Delivery Date Memorandum”) in the form of Exhibit B , attached
hereto. The Delivery Date Memorandum shall certify the Expansion Space Delivery Date and the expiration date of the Term.
Tenant’ s failure to execute and return the executed Delivery Date Memorandum within ten (10) business days after Tenant’ s receipt
thereof shall be conclusive upon Tenant as to the matters set forth in the Delivery Date Memorandum.
14. New Lease . Within thirty (30) days after Landlord’ s written request, Tenant shall enter into (i) an amendment to the Lease (the “
Expansion Space Amendment”) to exclude the Expansion Space from the Premises and (ii) a new lease (the “Expansion Space Lease”)
for the Expansion Space. The Expansion Space Lease shall contain all of the same terms and conditions contained in the Lease, with
the result being that Landlord’ s and Tenant’ s rights and obligations with respect to the Expansion Space will be unchanged following
the execution of the Expansion Space Amendment and Expansion Space Lease. Specifically, (i) the term of the Expansion Space Lease
shall end concurrently with the term of the Lease, (ii) Tenant will not be allowed to place or install exterior signage on the 4400
Bohannon Building, (iii) Landlord will not be required to pay to Tenant any tenant improvemen t allowance or inducement with
respect to the Expansion Space, (iv) the Additional Security Deposit shall constitute Tenant’ s security deposit under the Expansion
Space Lease, (v) a default by Tenant under the Lease or the 4500 Bohannon Lease shall constitute a default by Tenant under the
Expansion Space Lease, (vi) the monthly Base Rent for the Expansion Space shall be calculated pursuant to Section 26.3 of the Lease,
with the aggregate monthly Base Rent payable by Tenant under the Lease (after execution of the Expansion Space Amendment) and
the Expansion Space Lease to be an amount not less than monthly Base Rent payable by Tenant under the Lease prior to the execution
of the Expansion Space Amendment and the Expansion Space and (vii) for purposes of determining Tenant’ s obligations to surrender
the Expansion Space to Landlord in the condition in which it was received upon the expiration or earlier termination of the Expansion
Space Lease, the date on which Tenant is to have received possession o f the Expansion Space shall be deemed to be the date on which
Tenant received possession of the Expansion Space under the Lease (as amended by this Agreement) as opposed to the date on which
Tenant enters into the Expansion Space Lease.
15. Entire Agreement . This Amendment represents the entire understanding between Landlord and Tenant concerning the subject
matter hereof, and there are no understandings or agreements between them relating to the Lease, the Premises or the Expansion Space
not set forth in writing and signed by the parties hereto. No party hereto has relied upon any representation, warranty or understanding
not set forth herein, either oral or written, as an inducement to enter into this Amendment.
16. Continuing Obligations . Except as expressly set forth to the contrary in this Amendment, the Lease remains unmodified and in
full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Lease, the terms of this
Amendment shall control.
IN WITNESS WHEREOF , the parties hereto have executed this Amendment as of the day and year first above written.
2002. EDGAR Online, Inc.