eTrade 2000 Annual Report Download - page 191

On page 7, line 15, after the word “cause”, insert “excluding any loss, damage or injury to the extent caused by the willful or criminal
misconduct of any Indemnified Party”.
Section 6.5:
On page 7, line 8, in place of the deleted language, insert “or Building”.
Section 7.2:
On page 7, line 8, after the word “fees”, insert “(not to exceed in any year three percent (3%) of the annual Base Rent due for such
year)”.
On page 8, line 1, in place of the deleted language, insert “rate equal to the Prime Rate plus one percent (1%) (with the term “Prime
Rate” defined as the reference rate (or its equivalent) announced publicly in San Francisco, California, from time to time by Wells
Fargo Bank, N.A. or, if Wells Fargo Bank, N.A. ceased to exist, the largest bank, in terms of assets, headquartered in California)”.
At the end of this Section, insert “Notwithstanding anything to the contrary contained in this Lease, Operating Expenses chargeable to
Tenant shall not include the following:
1.The cost of any capital repairs, replacements and/or improvements made to the structural portions of the Building or the Phase,
including the structural walls of the Building, the Building foundation and the structural portions of the roof (but excluding the roof
membrane);”
2.The cost of providing any service direct to and paid directly by any other tenant of the Project (excluding such tenant’ s share of
Operating Expenses);
3.The cost of any items for which Landlord is reimbursed by insurance proceeds, condemnation awards, a tenant of the Project or
otherwise (excluding any payment by a tenant of that tenant’ s share of Operating Expenses), to the extent so reimbursed;
4Any real estate brokerage commission or other costs incurred in procuring tenants, or any fee in lieu of commission;
5.Payments of principal or interest on mortgages or ground lease payments (if any);
6.Costs incurred by Landlord due to the violation by Landlord or any tenant of the terms and conditions of any lease of space in the
Building, Phase or Project, or any law, code, regulation, ordinance or the like (except to the extent attributable to Tenant’ s acts or
omissions);
7.Landlord’ s general corporate overhead and general and administrative expenses;
8.Any compensation paid to clerks, attendants or other persons in commercial concessions operated by Landlord (other than in the
parking facility for the Phase or the Project); and
9.Costs incurred to (i) comply with laws relating to the removal of any Hazardous Material (as that term is defined in Section 11) of
such nature that a federal, state or municipal governmental authority, if it then had knowledge of the presence of such Hazardous
Material, in the state and under the conditions that the Hazardous Material then existed in or on the Building, Phase or Project, would
have then required the removal of such Hazardous Material or other remedial or containment action with respect thereto, and (ii)
remove, remedy, contain or treat any Hazardous Material which is brought onto the Building, Phase or Project after the date hereof by
Landlord or any other tenant of the Project, and which is of such a nature, at that time, that a federal, state or municipal governmental
authority, if it then had knowledge of the presence of such Hazardous Material, in the state and under the conditions that it then existed
in or o n the Building, Phase or Project, would have then required the removal of such Hazardous Material or other remedial or
containment action with respect thereto.”
Section 7.8 (a):
At the end of this Section, insert “Tenant shall arrange and provide for its own janitorial services in the Building.”
Section 7.8 (b):
2002. EDGAR Online, Inc.