eTrade 2000 Annual Report Download - page 182

12.5. Damage Near End of Term and Extensive Damage. In addition to Landlord’ s right to terminate this Lease under Section
12.2, shall have the right to terminate this Lease upon thirty (30) days’ prior written notice to if the Premises or Building is
substantially destroyed or damaged during the last twelve (12) months of the Term. in writing of its election to terminate this Lease
under this Section 12.5, if at all, within forty-five (45) days after Landlord determines that the Premises or Building has been
substantially destroyed. If to terminate this Lease, the repair of the Premises or Building shall be governed by Sections 12.1 and 12.3.
12.6. Insurance Proceeds. If this Lease is terminated, Landlord may keep all the insurance proceeds resulting from the damage,
except for those proceeds that specifically insured Tenant’ s personal property and trade fixtures (if any).
12.7. Waiver. With respect to any destruction which Landlord is obligated to repair or elects to repair under the terms of this Section
12, Tenant waives all of its rights to terminate this Lease pursuant to rights presently or hereafter accorded by law to tenants, including
the provisions of Section 1932, Subdivision 2, and Section 1933, Subdivision 4, of the California Civil Code.
13. EMINENT DOMAIN
13.1. Total Consideration. If the whole of the Premises is acquired or condemned by eminent domain, inversely condemned or sold
in lieu of condemnation; for any public or quasi-public use or purpose (“Condemned”), then this Lease shall terminate as of the date of
title vesting in such proceeding, and Rent shall be adjusted as of the date of such termination. Tenant shall immediately notify
Landlord of any such occurrence.
13.2. Partial Condemnation. If any portion of the Premises is Condemned, and such partial condemnation readers the Premises
unusable for the business of Tenant, as reasonably determined by Landlord, or if a substantial portion of the Building is Condemned,
as reasonably determined by Landlord, then this Lease shall terminate as of the date of title vesting in such proceeding and Rent shall
be adjusted as of the date of termination. If such condemnation is not sufficiently extensive to render the Premises unusable for the
business of Tenant, as reasonably determined by, then Landlord shall promptly restore the Premises to a condition comparable to its
condition immediately prior to such condemnation less the portion thereof lost in such condemnation, and this Lease
shall continue in full force and effect, except that after the date of title vesting the Base Rent shall be proportionately reduced as
reasonably determined by Landlord. Notwithstanding the foregoing, in restoring the Premises to their original condition, Landlord
shall not be required to expend an amount greater than the product of (i) Tenant’ s Building Percentage Share and (ii) the total amount
of any condemnation proceeds for the Building received by Landlord. If any parking areas are Condemned, Landlord has the option,
but not the obligation, to supply Tenant with other parking areas.
13.3. Landlord’s Award. If the Premises are wholly or partially Condemned, then, subject to the provision of Section 13.4 below,
Landlord shall be entitled to the entire award paid in connection with such condemnation, and Tenant waives any right or claim to any
part thereof from Landlord or the condemning authority.
13.4. Tenant’s Award. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such
compensation as may be separately awarded or recoverable by Tenant in Tenant’ s own right on account of any and all costs which
Tenant might incur in moving Tenant’ s merchandise, furniture, fixtures, leasehold improvements and equipment to a new location.
13.5. Temporary Condemnation. If the whole or any part of the Premises shall be Condemned for any temporary public or
quasi-public use or purpose, this Lease shall remain in effect and Tenant shall be entitled to receive for itself such portion or portions
of any award made for such use with respect to the period of the taking which is within the Term. If a temporary condemnation
remains in force at the expiration or earlier termination of this Lease, Tenant shall pay to Landlord an amount equal to the reasonable
cost of performing any obligations required of Tenant by this Lease with respect to the surrender of the Premises, including, without
limitation, repairs and maintenance, and upon such payment Tenant shall be excused from any such obligations. If a temporary
condemnation is for an established period which extends beyond the Term and such temporary condemnation this Lease shall renders
the Premises unusable for t he business of Tenant, as reasonably determined by terminate as of the date of occupancy by the
condemning authority, and the damages shall be as provided in Sections 13.3 and 13.4 and Rent shall be adjusted as of the date of
occupancy.
13.6. Notice and Execution. Landlord shall notify Tenant in writing immediately upon service of process in connection with any
condemnation or potential condemnation. Tenant shall immediately execute and deliver to Landlord all instruments that may be
required to effectuate the provisions of this Section 13.
14. DEFAULT
14.1. Events of Default. The occurrence of any of the following events shall constitute an “Event of Default” on the part of Tenant
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