eTrade 2000 Annual Report Download - page 124

(a) Utilities . In the event Landlord provides additional utilities, heating, air conditioning, trash removal and/or cleaning services to
Tenant beyond such standard services related to the operation and management similar business office parks located in Menlo
Park/Palo Alto areas, or at times other than during Business Hours (as defined in the Basic Lease Information), Tenant shall pay
Landlord’ s reasonable charge for such special services as Additional Rent. Any cleaning of lunchrooms, cafeterias, conference rooms,
etc., shall be on a special services basis (except with respect to the removal of trash from trash receptacles or cleaning incidental to
normal cleaning).
(b) Meters . Landlord shall have the right, at Tenant’ s sole cost and expense, to install separate metering for electricity, water or gas to
the Premises or to separately charge Tenant for any quantity of such utilities consumed by Tenant beyond the amounts customarily
consumed by tenants in the Project as reasonably determined by Landlord. Landlord may also charge Tenant for costs of sanitary
sewer or trash removal occasioned by Tenant’ s excessive consumption of such services. All such charges shall be reasonably
determined by Landlord and promptly paid by Tenant to Landlord as Additional Rent.
8. REPAIRS AND MAINTENANCE
8.1. Landlord Repairs and Maintenance. Landlord shall maintain those portions of the Building, Lot, Phase and Project that are
owned by Landlord and not leased to tenants in the Project or required to be maintained by any tenants in the Project consistent with
the standards applied by landlords of similar Class A business office parks located in the Menlo Park and Palo Alto areas.
8.2. Tenant Repairs and Maintenance. Tenant, at Tenant’ s sole cost and expense, shall at all times during the Term keep, maintain
and preserve the Premises and all parts, components, systems, fixtures, hardware and finishes of and in the Premises in a first class,
clean, safe and sanitary order, condition and repair, excepting only insured casualty to the extent of the insurance proceeds received by
Landlord. Tenant shall comply with all applicable manufacturer’ s specifications and recommendations and best industry practices in
connection with cleaning, protecting, servicing, maintaining and repairing the Premises and all of the parts, components, systems,
fixtures, hardware and finishes in the Premises in order to preserve and achieve the maximum aesthetic and economically serviceable
life of the Premises and the improvements contained therein. All repairs, replacements and restorations made by Tenant shall be
performed promptly as required, in a good and workmanlike manner, employing materials of equal or better quality, serviceability and
utility to those items or parts being replaced, with surface finishes (including color, texture and general appearance) comparable and
compatible with adjacent surfaces, to the reasonable satisfaction of Landlord and in compliance with all applicable federal, state or
local laws, ordinances, regulations and orders and the requirements of any insurer of the Building. Tenant shall, at Tenant’ s own
expense, immediately replace all glass in the Premises that may be broken during the Term with glass at least equal to the specification
and quality of the glass being replaced. Upon expiration of the Term, Tenant shall surrender the Premises to Landlord in the same
condition as received, reasonable wear and tear, damage by fire or other insured casualty to the extent of insurance proceeds received
by Landlord excepted. The term “reasonable wear and tear” as used herein shall mean wear and tear which manifests itself solely
through normal intensity of use and passage of time consistent with the employment of commercially prudent measures to protect
finishes and components from damage and excessive wear, the application of regular and appropriate preventative maintenance
practices and procedures, routine cleaning and servicing, waxing, polishing, adjusting, repair, refurbishment and replacement at a
standard of appearance and utility and as often as appropriate for Class A corporate and professional office occupancies in the Palo
Alto/Menlo Park office market. The term “reasonable wear and tear”
would thus encompass the natural fading of painted surfaces, fabric and materials over time, and carpet wear caused by normal foot
traffic. The term “reasonable wear and tear” shall not include any damage or deterioration that could have been prevented by Tenant’ s
employment of ordinary prudence, care and diligence in the occupancy and use of the Premises and the performance of all of its
obligations under this Lease. Items not considered reasonable wear and tear hereunder include the following for which Tenant shall
bear the obligation for repair and restoration (except to the extent caused by the gross negligence or willful misconduct of Landlord or
its employees or agents), (i) excessively soiled, stained, worn or marked surfaces or finishes; (ii) damage, including holes in building
surfaces (e.g., cabinets, doors, walls, ceilings and floors) caused by the installation or removal of Tenant’ s trade fixtures, furnishings,
decorations, equipment, alterations, utility inst a llations, security systems, communications systems (including cabling, wiring and
conduits), displays and signs; (iii) damage to any component, fixture, hardware, system or component part thereof within the Premises,
and any such damage to the Building, Phase or Project, caused by Tenant or its agents, contractors or employees, and not fully
recovered by Landlord from insurance proceeds. Tenant shall not commit or allow any waste or damage to be committed on any
portion of the Premises, Building, Phase or Project.
8.3. Failure to Maintain, Repair or Restore. The timely performance by Tenant of Tenant’ s duties to maintain, repair and restore
the Premises is essential to the preservation of Landlord’ s property value and the security interests of Landlord’ s mortgagee. If, upon
expiration of the Term, Tenant has failed to fully perform its obligations under this Section 8 or Sections 9 or 11.2, Landlord shall
have the right, but not the obligation, to perform any obligation of Tenant (notice to Tenant) as provided in Section 19.16 hereof, and
Tenant shall reimburse Landlord for all costs incurred by Landlord related thereto (including overtime or premium time labor charges
2002. EDGAR Online, Inc.