eTrade 2000 Annual Report Download - page 120

upon written demand by Landlord, shall immediately pay to Landlord a sufficient amount in cash to restore the Security Deposit to the
full original amount. Tenant’ s failure to pay to Landlord a sufficient amount in cash to restore the Security Deposit to its original
amount within five (5) days after receipt of such demand shall constitute an Event of Default. Tenant shall not be entitled to interest on
the Security Deposit. Within thirty (30) days after the expiration or earlier termination of this Lease, if Tenant has then performed all
of Tenant’ s obligations hereunder, Landlord shall return the Security Deposit to Tenant. If Landlord sells or otherwise transfers
Landlord’ s rights or interest under this Lease, Landlord deliver the Security Deposit to the transferee, whereupon Landlord shall be
released from any further liability to Tenant with respect to the Security Deposit.
5. IMPOSITIONS
5.1. Tenants Obligations. Tenant shall pay to Landlord, as Additional Rent, Tenant’ s Phase Percentage Share of Impositions for the
Phase during each year of the Term (prorated for any partial calendar year during the Term).
5.2. Definition of Impositions. The term “Impositions” shall include all transit charges, housing fund assessments, real estate taxes
and all other taxes relating to the Premises, Building, Lot and Phase of every kind and nature whatsoever, including any supplemental
real estate taxes attributable to any period during the Term; all taxes which may be levied in lieu of real estate taxes; and all
assessments, assessment bonds, levies, fees, penalties (if a result of Tenant’ s delinquency) and other governmental charges (including,
but not limited to, charges for parking, traffic and any storm drainage/flood control facilities, studies and improvements, water and
sewer service studies and improvements, and fire services studies and improvements); and all amounts necessary to be expended
because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and
nature for public improvements, services, benefits or any other purpose, which are assessed, based upon the
use or occupancy of the Premises, Building, Lot and/or Phase, or levied, confirmed, imposed or become a lien upon the Premises,
Building, Lot and/or Phase, or become payable during the Term, and which are attributable to any period within the Term.
5.3. Limitation. Nothing contained in this Lease shall require Tenant to pay any franchise, estate, inheritance, succession or transfer
tax of Landlord, or any income, profits or revenue tax or charge upon the net income of Landlord from all sources; provided, however,
that if at any time during the Term under the laws of the United States Government or the State of California, or any political
subdivision thereof, a tax or excise on rent, or any other tax however described, is levied or assessed by any such political body against
Landlord on account of Rent, or any portion thereof, Tenant shall pay one hundred percent (100%) of any said tax or excise as
Additional Rent.
5.4. Installment Election. In the case of any Impositions which may be evidenced by improvement or other bonds or which may be
paid in annual or other periodic installments, Landlord shall elect to cause such bonds to be issued or such assessment to be paid in
installments over the maximum period permitted by law.
5.5. Estimate of Tenant’s Share of Impositions. Prior to the commencement of each calendar year during the Term, or as soon
thereafter as reasonably practicable, Landlord shall notify Tenant in writing of Landlord’ s estimate of the amount of Impositions which
will be payable by Tenant for the ensuing calendar year. On or before the first day of each month during the ensuing calendar year,
Tenant shall pay to Landlord in advance, one-twelfth (1/12th) of the estimated amount; provided, however, if Landlord fails to notify
Tenant of the estimated amount of Tenant’ s share of Impositions for the ensuing calendar year prior to the end of the current calendar
year, Tenant shall be required to continue to pay to Landlord each month in advance Tenant’ s estimated share of Impositions on the
basis of the amount due for the immediately prior month until ten (10) days after Landlord notifies Tenant of the estimat ed amount of
Tenant’ s share of Impositions for the ensuing calendar year. If at any time it appears to Landlord that Tenant’ s share of Impositions
payable for the current calendar year will vary from Landlord’ s estimate, Landlord may give notice to Tenant of Landlord’ s revised
estimate for the year, and subsequent payments by Tenant for the year shall be based on the revised estimate.
5.6. Annual Adjustment. Within one hundred twenty (120) days after the close of each calendar year during the Term, or as soon
after the one hundred twenty (120) day period as reasonably practicable, Landlord shall deliver to Tenant a statement of the adjustment
to the Impositions for the prior calendar year. If, on the basis of the statement, Tenant owes an amount that is less than the estimated
payments for the prior calendar year previously made by Tenant, Landlord shall apply the excess to the next payment of Impositions
due. If, on the basis of the statement, Tenant owes an amount that is more than the amount of the estimated payments made by Tenant
for the prior calendar year, Tenant shall pay the deficiency to Landlord within thirty (30) days after delivery of the statement. The year
end statement shall be binding upon Tenant unless Tenant notifies Landlord in writing of any objection thereto within thirty (30) da ys
after Tenant’ s receipt of the year end statement. In addition, if, after the end of any calendar year or any annual adjustment of
Impositions for a calendar year, any Impositions are assessed or levied against the Premises, Building or Phase that are attributable to
any period within the Term (e.g., supplemental taxes or escaped taxes), Landlord shall notify Tenant of its share of such additional
Impositions and Tenant shall pay such amount to Landlord within ten (10) days after Landlord’ s written request therefor.
2002. EDGAR Online, Inc.