eTrade 2000 Annual Report Download - page 216

1.5. Term . Effective as of the First Increment Effective Date, the Term shall be extended until the last day of the tenth (10th) year
after the later of (i) the First Increment Effective Date or (ii) the Second Increment Effective Date (defined in Section 2.1), subject to
extension pursuant to Section 26.1 (e) of the Lease.
1.6. Parking . Effective as of the First Increment Effective Date, the percentage of the available parking spaces in the Phase that Tenant
is entitled to use on a non-exclusive basis shall be equal to the sum of (i) the percentage of available parking spaces in the Phase that
Tenant is entitled to use immediately prior to the First Increment Effective Date and (ii) six and 38/100ths percent (6.38%).
1.7. Delivery . Landlord shall use commercially reasonable efforts to recover possession of the First Increment Expansion Space from
the existing tenant (the “First Increment Existing Tenant”) following the expiration of the First Increment Existing Tenant’ s lease of
the First Increment Expansion Space (hereinafter referred to as the “First Increment Existing Lease” ). If the First Increment Existing
Tenant fails to surrender possession of the First Increment Expansion Space to Landlord within fourteen (14) days after the expiration
of the First Increment Existing Lease, Landlord shall file an unlawful detainer action against the First Increment Existing Tenant for
recovery of possession of the First Increment Expansion Space and prosecute the action with reasonable diligence until possession of
the First Increment Expansion Space if obtained. Landlord shall deliver pos session of the First Increment Expansion Space to Tenant
in a broom clean condition, with all building systems in working order and the roof in water-tight condition. Except as provided above,
Tenant shall accept delivery of the First Increment Expansion Space in its “as is” condition as of the First Increment Effective Date,
without any representation or warranty of any kind from Landlord.
2.Second Increment Expansion Space.
2.1. Expansion of Premises . Effective as of the date on which Landlord delivers possession of the Second Increment Expansion Space
to Tenant in the condition set forth in Section 2.6 below (the “Second Increment Effective Date”), the Premises shall be expanded to
include, in addition to the space then leased to Tenant under the Lease, the Second Increment Expansion Space. Landlord and Tenant
agree that for all purposes under the Lease, the Rentable Area of the Second Increment Expansion Space shall be deemed to be the
rentable square footage of the Second Increment Expansion Space as stated in Recital B of this Amendment.
2.2. Definitions . Effective as of the Second Increment Effective Date, the following terms contained in the Lease shall have the
meanings set forth below:
2.2.1. Premises . The term “Premises” as used in the Lease shall refer to the existing Premises (to the extent the First Increment
Effective Date has occurred prior to the Second Increment Effective Date), the First Increment Expansion Space and the Second
Increment Expansion Space.
2.2.2. Tenant’ s Building Percentage Share . The term “Tenant’ s Building Percentage Share” as used in the Lease shall mean (i) one
hundred percent with respect to Operating Expenses and other costs and expenses attributable to or incurred in connection with the
operation of the 4500 Bohannon Building and (ii) a percentage equal to the Rentable Area of the Premises in the 4600 Bohannon
Building divided by the Rentable Area of the 4600 Bohannon Building with respect to Operating Expenses and other costs and
expenses attributable to or incurred in connection with the operation of the 4600 Bohannon Building. If the Rentable Area of the
Premises or the Rentable Area of either the 4500 Bohannon Building or the 4600 Bohannon Building is changed, then (i) Tenant’ s
Building Percentage Share with respect to the 4500 Bohannon Building shal l be adjusted to a percentage equal to the Rentable Area
of the Premises in the 4500 Bohannon Building divided by the Rentable Area of the 4500 Bohannon Building and (ii) Tenant’ s
Building Percentage Share with respect to the 4600 Bohannon Building shall be adjusted to a percentage equal to the Rentable Area of
the Premises in the 4600 Bohannon Building divided by the Rentable Area of the 4600 Bohannon Building.
2.2.3. Rent . The term “Rent” shall mean Base Rent, Additional Rent, First Increment Base Rent (defined in Section 1.3), Second
Increment Base Rent (defined in Section 2.3) and all other amounts payable by Tenant under the Lease.
2.2.4. Base Rent . For purposes of Sections 6.2(e), 7.2, 12.4, 13.2, 14.1, 16.1, 19.12, 25.2(a) and (b) and 25.4 of the Lease, the term
“Base Rent” shall mean both the Base Rent, the First Increment Base Rent and the Second Increment Base Rent.
2.2.5. Second Increment Base Rent . In addition to Tenant’ s obligation to pay to Landlord the Base Rent described in Section 4.1 of
the Lease, Tenant shall pay to Landlord base rent with respect to Tenant’ s lease of the Second Increment Expansion Space in the
amount of Forty-Five Thousand One Hundred Seventy-One Dollars ($45,171.00) per month (the “Second Increment Base Rent”). The
Second Increment Base Rent shall be increased on November 15, 2000, and on each November 15 thereafter during the Term by three
and one-half percent (3.5%), regardless of whether the Second Increment Effective Date has occurred. Tenant’ s obligation to pay to
Landlord the Second Increment Base Rent shall commence on the forty-fifth (45th) day after Second Increment Effective Date
(hereinafter referred to as the “Second Increment Rent Commencement Date”) and continues thereafter during the Tenn. Tenant shall
pay to Landlord the Second Increment Base Rent in advance, on the Second Increment Rent Commencement Date and, thereafter, on
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