eTrade 2000 Annual Report Download - page 179

9. FIXTURES, PERSONAL PROPERTY AND ALTERATIONS
9.1. Fixtures and Personal Property. Tenant, at Tenant’ s sole cost and expense, may install any necessary trade fixtures, equipment
and furniture in the Premises, provided that such items are installed and are removable without affecting the structural integrity,
character or utility of the Building. Landlord reserves the right to approve or disapprove of any curtains, draperies, shades, paint or
other interior improvements that are visible from outside the Premises on wholly aesthetic grounds. Such improvements or replacement
items must be submitted for Landlord’ s written approval prior to installation, or Landlord may remove or replace such items at
Tenant’ s sole cost and expense. The trade fixtures, equipment and furniture shall remain Tenant’ s property and shall be removed by
Tenant prior to the expiration of this Lease. If Tenant fails to remove Tenant’ s trade fixtures, equipment and furnitu re prior to the
termination of this Lease, Landlord may keep and use the foregoing items or remove and dispose any or all of those items at Tenant’ s
expense, and cause Tenant’ s trade fixtures, equipment and furniture to be stored or sold in accordance with applicable law. Prior to
expiration of the Term or earlier termination of this Lease, Tenant shall repair, at Tenant’ s sole cost and expense, all damage caused to
the Building or Premises as a result of the installation, operation, use or removal of Tenant’ s trade fixtures, equipment, furniture, or
unauthorized improvements and replacements, and restore the Building and the Premises to their condition at the commencement of
the Term.
9.2. Alterations. Tenant shall deliver to Landlord full and complete plans and specifications of all such alterations, additions or
improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does
not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply
with any applicable laws, ordinances, etc. Farther, Tenant shall indemnify and hold harmless Landlord from any loss, cost or expense,
including attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from
Tenant’ s alterations, additions or improvements to the Premises. All other alterations, additions and improvements shall remain the
property of Tenant until termination of this Lease, at which time they shall be and become the property of Landlord. All altera tions,
additions, improvements, repairs and restoration by Tenant hereinafter required or permitted shall be done in a good and workmanlike
manner, incorporating materials of quality equal to or better than those replaced, with finishes comparable to and compatible with
adjacent finishes within the Premises and the Building and in compliance with all applicable laws, ordinances, bylaws, regulations and
orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. In addition, all of Tenant’ s
alterations, additions and improvements shall be constructed in such a manner so as to (i) not unreasonably disturb or otherwise
interfere with the use and occupancy of any other tenant of the Building, Phase or Project, (ii) protect by appropriate means and
measures all components of the Premises, Building, Phase and Project from soiling or damage associated with Tenant’ s work, and (iii)
not impose any additional expense or delay upon Landlord in the constructio n of improvements to, or maintenance or operation of, the
Building, Phase and/or Project. Tenant shall, reimburse Landlord for reviewing and approving or disapproving plans and
specifications for any alterations proposed by Tenant . Tenant shall require that any contractors used by Tenant carry a commercial
liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000.00) per person and Two Million
Dollars ($2,000,000.00) per occurrence, and covering property damage in the amount of Two Million Dollars ($2,000,000.00).
Landlord may increase the amount of insurance coverage required pursuant to this Section to reflect inflation, industry cost and
recovery experience over time. Landlord may require proof of such insurance prior to commencement of any work on the Premises.
10. USE AND COMPLIANCE WITH LAWS
10.1. General Use and Compliance with Laws. Tenant shall only use the Premises for the Permitted Use (as set forth in the Basic
Lease Information) and for no other use whatsoever without the prior written consent of Landlord. Tenant, at Tenant’ s sole cost and
expense, shall comply with all of the requirements of any recorded covenants, conditions and restrictions, and any requirements of
municipal, county, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force,
pertaining to the Premises, Building, Phase, and/or Project, including any occupancy permit for the Premises, and secure any necessary
permits therefor. Tenant, in Tenant’ s use and occupancy of the Premises, shall not subject the Premises to any use which would tend
to damage any portion thereof, nor overload the common facilities of the Building, Phase or Project to the detriment of other tenants’
enjoyment thereof.
10.2. Signs. Tenant shall not install any sign in or on the Premises, Building, Phase or Project without the prior written consent of
Landlord, which consent may be withheld in Landlord’ s sole and absolute discretion. Any sign placed by or erected by Landlord for
the benefit of Tenant in or on the Premises, Building, Phase or Project shall be installed at Tenant’ s sole cost and expense and, except
in the interior of the Premises, shall contain only Tenant’ s name, or the name of any affiliate of Tenant actually occupying the
Premises, and no advertising matter. No such sign shall be erected until Tenant has obtained Landlord’ s prior written approval of the
location, material, size, design and content thereof and all necessary governmental and other permit and approvals therefor. Landlord
shall have the right, in Landlord’ s sole and absolute discretion, to object to any sign proposed by Tenant. Ten ant shall remove all of
Tenant’ s signs prior to the expiration of the Term or earlier termination of this Lease and shall return the Premises, Building, Phase
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