eTrade 2000 Annual Report Download - page 220

4. Failure to Timely Perform the Modification Work . If Tenant fails to deliver to Landlord the Modification Work Plans, commence
construction of the Modification Work or complete the Modification Work within the time periods or by the dates required pursuant to
Section 2 above, then Landlord, by written notice to Tenant, may, but shall not be obligated to, either (i) perform the Modification
Work and apply the Additional Deposit toward the cost of performing the Modification Work or (ii) elect not to perform the
Modification Work and retain for Landlord’ s account all or a portion of the Additional Deposit in an amount equal to the estimated
cost of performing the Modification Work, as reasonably determined by Landlord. If the cost of completing the Modification Work or
exceeds the amount of the Additional Deposit, Tenant shall pay such excess amount to Landlord within ten (10) days after Landlord’ s
written request therefor.
5. Landlord’ s Election . Notwithstanding anything to the contrary contained in this Letter Agreement, Landlord may elect for Tenant
not to perform the Modification Work by written notice to Tenant not later than (i) one hundred eighty (180) days prior to the
expiration of the Term or (ii) if the Lease is terminated prior to the expiration of the Term, within ten (10) days after the termination of
the Lease. If Landlord elects for Tenant not to perform the Modification Work, Landlord shall return the Additional Deposit to Tenant.
6. Tenant Improvement Allowance .
a. Basic Lease Information . The provisions titled “Additional Allowance” and “ Adjustment for Overage” under the heading “Tenant
Improvements” in the Basic Lease Information are hereby deleted.
b. Section 4.1 of Work Letter . The first sentence of Section 4.1 of the Work Letter attached as Exhibit C to the Lease is hereby
deleted and replaced by the following:
“Landlord shall pay to Tenant upon the terms and conditions set forth in this Section 4 the amount of Three Hundred
Fourteen Thousand Six Hundred Dollars ($314,600.00) as a tenant improvement allowance (the “Tenant
Improvement Allowance”) toward the cost of designing, constructing and installing the Tenant Improvements in the
Building.”
c. Section 4.2 of Work Letter . Section 4.2 of the Work Letter is hereby deleted in its entirety.
7. Commencement of Tenant Improvement Work . The date in Section 3.4.6 of the Work Letter shall be changed to February 1, 1999.
E*Trade Group, Inc. January 18, 1999
Attn: Mr. Robert Clegg Page 3
8. Condition Precedent . The effectiveness of this Letter Agreement and the obligations of Landlord and Tenant hereunder are
conditioned upon the execution by Landlord and Tenant of a separate letter agreement of even date herewith amending that certain
Menlo Oaks Corporate Center Standard Business Lease (4200 Bohannon Drive) dated as of August 18, 1998, by and between
Landlord, as landlord, and Tenant, as tenant.
9. Counterparts . This Letter Agreement may be executed in one (1) or more counterparts, each of which shall be deemed to be an
original as against any party whose signature appears thereon, and all of which shall constitute one (1) and the same instrument. This
Letter Agreement shall become binding when (i) the condition precedent set forth in Section 8 herein is met and (ii) any one (1) or
more counterparts hereof, individually or taken together, shall bear the signatures of Landlord and Tenant.
10. Conflicts . To the extent that any of the terms contained in this Letter Agreement conflict with the Lease, the terms contained in
this Letter Agreement shall control.
E*Trade Group, Inc. January 18, 1999
Attn: Mr. Robert Clegg Page 4
Except as modified hereby, the Lease is unmodified and in full force and effect.
Please execute this Letter Agreement in the space below (and return the same to me) to evidence your agreement to the foregoing.
Very truly yours,
2002. EDGAR Online, Inc.