eTrade 2000 Annual Report Download - page 176

the Premises, the conduct of Tenant’ s business or any activity, work or things done, permitted or suffered by Tenant in or about the
Premises, (ii) any breach or default in the performance of any obligation on Tenant’ s part to be performed under the terms of this
Lease, and/or (iii) any acts, omissions or negligence of Tenant or any of Tenant’ s agents, contractors, employees or invitees. Tenant, as
a material part of the consideration to Landlord, hereby assumes all risk of damage to property in, upon or about the Premises arising
from any cause ; Tenant hereby waives all claims in respect thereof against Landlord. The provisions of this Section 6.4 shall survive
the expiration or earlier termination of this Lease.
6.5. Exemption of Landlord from Liability . Neither Landlord nor any other Indemnified Party shall be liable to Tenant for any
injury to Tenant’ s business or loss of income therefrom, loss or damage to property, or injury or death to any persons, including any
loss, damage or injury attributable in whole or in part to the act, omission or negligence of any Indemnified Party (but excluding any
loss, damage or injury to the extent caused by the willful or criminal misconduct of such Indemnified Party, whether such loss, damage
or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said loss, damage or injury results
from conditions arising upon the Premises, or from other sources or places, and regardless of whether the cause of such damage or
injury or the means of repairing the same is inaccessible to Tenant, As a material part of Landlord’ s consideration in exchange for
entering into this Lease, Tenant assumes all risk of such loss, damage and injury.
7. OPERATING EXPENSES
7.1. Operating Expenses. Tenant shall pay to Landlord, as Additional Rent during each year of the Term (prorated or any partial
calendar year during the Term), (i) Tenant’ s Building Percentage Share of all Operating Expenses attributable to the ownership,
operation, repair and/or maintenance of the Building, (ii) Phase Percentage Share of all Operating Expenses attributable to the
ownership, operation, repair and/or maintenance of the Phase and (iii) Tenant’ s Project Percentage Share of all Operating Expenses
attributable to the ownership, operation, repair and/or maintenance of the Project, each as determined by Landlord. Landlord shall not
collect any Operating Expense from Tenant more than once.
7.2. Definition of Operating Expenses. The term “Operating Expenses” shall include all expenses and costs of every kind and
nature which Landlord shall pay or become obligated to pay because of or in connection with the ownership, operation, repair and/or
maintenance of the Building, Phase and/or Project, the surrounding property, and the supporting facilities, including, without
limitation, (i) premiums for insurance maintained by Landlord pursuant to this Lease and all costs incidental thereto, (ii) wages,
salaries and related expenses and benefits of all employees engaged in operation, maintenance and security of the Building, Phase
and/or Project; (iii) costs for all supplies, materials and rental equipment used in the operation of the Building, Phase and/or Project;
(iv) all maintenance, janitorial, security and service costs; (v) all management fees ; (vi) legal and accounting expenses, including t he
cost of audits; (vii) costs for repairs, replacements, uninsured damage or deductibles on property insurance, and general maintenance
of the Building, Phase and Project, including service areas, elevators, mechanical rooms, exterior surfaces and all component parts
thereof (but excluding any repairs or replacements paid for out of insurance proceeds or by other parties and alterations attributable
solely to tenants of the Building other than Tenant); (viii) the cost of any capital improvements made to the Building, Phase or Project,
amortized over such reasonable period as Landlord shall determine, together with interest upon the unamortized balance at the or such
other higher rate as may have been paid by Landlord on funds borrowed for the purpose of constructing the capital improvements;
(ix)all charges for heat, water, gas, electricity, sewer, air conditioning, emergency telephone service, trash removal and other utilities
used or supplied to the Building, Phase and/or Project (and not separately meter ed and billed to individual tenants); and (x) all
business license, permit and inspection fees.
7.3. Prorated Expenses. Any Operating Expenses attributable to a period which falls only partially within the Term shall be prorated
between Landlord and Tenant so that Tenant shall pay only that proportion thereof attributable to the period that falls within the Term.
7.4. Payment at End of Term. Any amount payable by Tenant which would not otherwise be due until after the termination of this
Lease, shall, if the exact amount is uncertain at the time that this Lease terminates, be paid by Tenant to Landlord upon such
termination in an amount to be estimated by Landlord with an adjustment to be made once the exact amount is known.
7.5. Estimates of Tenant’s Share of Operating Expense. Prior to the commencement of each calendar year during the Term, or as
soon thereafter as is reasonably practicable, Landlord shall notify Tenant in writing of Landlord’ s estimate of the amount of Operating
Expenses which will be payable by Tenant for the ensuing calendar year. On or before the first day of each month during the ensuing
calendar year Tenant shall pay to Landlord, in advance, one-twelfth (1/12) of the estimated amount; provided however, if Landlord
fails to notify Tenant of the estimated amount of Tenant’ s share of Operating Expenses for the ensuing calendar year prior to the end
of the current calendar year, Tenant shall be required to continue to pay to Landlord each month in advance Tenant’ s estimated share
of Operating Expenses on the basis of the amount due for the immediately prior month until ten (10) days after Landlord not ifies
Tenant of the estimated amount of Tenant’ s share of Operating Expenses for the ensuing calendar year. If at any time it appears to
Landlord that Tenant’ s share of Operating Expenses payable for the current calendar year will vary from Landlord’ s estimate,
2002. EDGAR Online, Inc.