eTrade 2000 Annual Report Download - page 171

1. DEFINITIONS. The following terms shall have the meanings set forth below:
1.1. Building. The term “Building” shall have the meaning set forth in the Basic Lease Information.
1.2. Building Common Areas. The Areas and facilities within the Building provided and designated by Landlord for the general use,
convenience or benefit of Tenant and other tenants and occupants of the Building (e.g., common stairwells, stairways, hallways, shafts,
elevators, restrooms, janitorial telephone and electrical closets, pipes, ducts, conduits, wires and appurtenant fixtures servicing the
Building).
1.3. Commencement Date. The term “Commencement Date” shall have the meaning set forth in Section 3.
1.4. Common Areas. The term “Common Areas” shall mean the Building Common Areas, the Phase Common Areas and the Project
Common Areas.
1.5. Lot. The term “Lot” shall mean the land upon which the Building is located, as more particularly described in Exhibit B ,
attached hereto.
1.6. Phase. The term “Phase” shall have the meaning set forth in the Basic Lease Information.
1.7. Phase Common Areas. The areas and facilities within the Phase provided and designated by Landlord for the general use,
convenience or benefit of Tenant and other tenants and occupants of the Phase (e.g., uncovered and unreserved parking areas,
walkways and accessways).
1.8. Premises. The term “Premises” shall have the meaning set forth in the Basic Lease Information.
1.9. Project. The term “Project” shall have the meaning set forth in the Basic Lease Information.
1.10. Project Common Areas. The term “Project Common Areas” shall mean the areas and facilities within the Project provided and
designated by Landlord for the general use, convenience or benefit of Tenant and other tenants and occupants of the Project (e.g.,
walkways, traffic aisles, accessways, utilities and communications conduits and facilities).
1.11. Rentable Area. The term “Rentable Area” shall mean the rentable area of the Premises, Building, Phase and Project as
reasonably determined by Landlord. The parties agree that for all purposes under this Lease, the Rentable Area of the Premises,
Building, Phase and Project shall be deemed to be the number of rentable square feet identified in the Basic Lease Information.
1.12. Tenant’s Building Percentage Share. The term “Tenant’ s Building Percentage Share” shall mean the percentage specified in
the Basic Lease Information. If the Rentable Area of the Premises or the Rentable Area of the Building is changed, then Tenant’ s
Building Percentage Share shall be adjusted to a percentage equal to the Rentable Area of the Premises divided by the Rentable Area
of the Building.
1.13. Tenant’s Phase Percentage Share. The term “Tenant’ s Phase Percentage Share” shall mean the percentage specified in the
Basic Lease Information. If the Rentable Area of the Premises or the Rentable Area of the Phase is changed, then Tenant’ s Phase
Percentage Share shall be adjusted to a percentage equal to the Rentable Area of the Premises divided by the Rentable Area of the
Phase.
1.14. Tenant’s Project Percentage Share. The term “Tenant’ s Project Percentage Share” shall mean the percentage specified in the
Basic Lease Information. If the Rentable Area of the Premises or the Rentable Area of the Project is changed, then Tenant’ s
Percentage Project Share shall be adjusted to a percentage equal to the Rentable Area of the Premises divided by the Rentable Area of
the Project.
1.15. Term. The term “Term” shall have the meaning described in Section 3.
2. PREMISES.
2.1. Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises, together with the right in
common to use the Common Areas, for the Term.
2.2. Condition Upon Delivery. Tenant acknowledges that it has had an opportunity to thoroughly inspect the Premises and, subject
to Landlord’ s obligations under Section 8.1, Tenant accepts the Premises in its existing “as is” condition, with all faults and defects
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