eTrade 2000 Annual Report Download - page 180

and Project to their condition existing immediately prior to the placement or erection of said sign or signs. If Tenant places or installs
any monument or exterior signs in or on the Building, Phase and/or Project, and at any time thereafter Tenant less than fifty percent
(50%) of the original Rentable Area of the Premises (as a result of Tenant having assigned its interest in this Lease, Tenant shall
immediately remove all such signs and restore the area of the Building, Phase and/or Project where Tenant’ s signs were previously
located to their condition prior to Tenant’ s installation or placement of such signs.
10.3. Parking Access. In addition to the general obligation of Tenant to comply with laws and without limitation thereof, Landlord
shall not be liable to Tenant nor shall this Lease be affected if any parking privileges appurtenant to the Premises are impaired by
reason of any moratorium, initiative, referendum, statute, regulation or other governmental decree or action which could in any manner
prevent or limit the parking rights of Tenant hereunder. Any governmental charges or surcharges or other monetary obligations
imposed relative to parking rights with respect to the Premises, Building, Phase or Project shall be considered as Impositions and shall
be payable by Tenant under the provisions of Section 5. Tenant is allocated the use of a percentage of the parking spaces contained in
the Phase on a non-exclusive basis as provided in the Basic Lease Information. Tenant shall not permit any on street parking,
unauthorize d parking upon private property, or parking in excess of Tenant’ s allocation by Tenant’ s employees, agents or invitees.
10.4. Floor Load. Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such
floor is designed to carry.
11. HAZARDOUS MATERIALS.
11.1. Definitions.
(a) Hazardous Materials . The term “Hazardous Materials” shall mean any substance that: (A) now or in the future is regulated or
governed by, requires investigation or remediation under, or is defined as a hazardous waste, hazardous substance, pollutant or
contaminant under any governmental statute, code, ordinance, regulation, rule or order, and any amendment thereto, including the
Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. 9601 et seq., and the Resource Conservation and
Recovery Act, 42 U.S.C. 5901 et seq., or 03) is toxic, explosive, corrosive, flammable, radioactive, carcinogenic, dangerous or
otherwise hazardous, including gasoline, diesel fuel, petroleum hydrocarbons, polychlorinated biphenyls (PCBs), asbestos, radon and
urea formaldehyde foam insulation.
(b) Environmental Requirements . The term “Environmental Requirements” shall mean all present and future federal, state and local
laws, ordinances, orders, permits, licenses, approvals, authorizations and other requirements of any kind applicable to Hazardous
Materials.
(c) Environmental Losses . The term “Environmental Losses” shall mean all costs and expenses, damages, including foreseeable and
unforeseeable consequential damages, fines and penalties incurred in connection with any violation of and compliance with
Environmental Requirements, and all losses of any kind attributable to the diminution of value, loss of use or adverse effect on the
marketability or use of any portion of the Premises, Building, Phase or Project.
11.2. Tenant’s Covenants. Tenant shall not use, install, handle, generate, store, dispose, discharge, release, abate or transport any
Hazardous Materials on or about the Premises, Building, Phase or Project without Landlord’ s prior written consent, which consent
may be granted, denied or conditioned upon compliance with
Landlord’ s requirements, all in Landlord’ s sole and absolute discretion. Notwithstanding the foregoing, Tenant may use and store at
the Premises normal quantities of those Hazardous Materials customarily used in the conduct of general office activities, such as
copier fluids and cleaning supplies (Permitted Hazardous Materials without Landlord’ s prior written consent, provided that Tenant’ s
use, storage and disposal of all Hazardous Materials shall at all times comply with all Environmental Requirements. At the expiration
or termination of this Lease, Tenant shall promptly remove from the Premises, Building, Phase and Project all Hazardous Materials
used, installed, handled, generated, stored, disposed, discharged, released, abated or transported by Tenant on or under the Premises,
Building, Phase or Project. Tenant shall keep Landlord fully and promptly informed of Tenant’ s use, installation, handling, generation,
storage, disposal, discharge, release, abatement or t ransportation of any Hazardous Materials other than Permitted Hazardous
Materials. Tenant shall be responsible and liable for compliance with all of the provisions of this Section 11 by Tenant’ s agents,
employees, contractors, licensees, assignees, sublessees, transferees, representatives, guests, customers, invitees and visitors, and all of
Tenant’ s obligations under this Section 11 (including its indemnification obligations under Section 11.5 below) shall survive the
expiration or termination of this Lease.
11.3. Compliance. Tenant shall, at Tenant’ s sole cost and expense, promptly take all actions required by any governmental agency or
entity in connection with or as a result of Tenant’ s use, installation, handling, generation, storage, disposal, discharge, release,
abatement or transportation of any Hazardous Materials on or about the Premises, Building, Phase or Project, including inspecting and
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