eTrade 2000 Annual Report Download - page 141

On page 12, line 9, in place of the deleted language, insert “or Tenant’ s lease as to all or a portion of the Premises being terminated”.
On page 12, line 12, at the end of the sentence, insert “The provisions of this Section shall not pertain to any interior signage of Tenant
that is not visible from the outside of the Premises.”
At the end of this Section, insert “Notwithstanding anything to the contrary contained in this Section, Tenant shall have the right to
install (i) a directional sign on the existing directional signs located within the Phase Common Areas, (ii) a sign on the entry wall
adjacent to the main entrance of the Building (“Entry Wall Signs”), and (iii) a sign on the exterior of the Building facing Highway 101
(but only if Tenant has not installed exterior signage
on the 4500 Bohannon Building (defined in Section 27) facing Highway 101). Tenant’ s right to install the signage referenced in the
preceding sentence is subject to Landlord’ s prior review and approval of Tenant’ s proposed signage, including the size, color, design
and exact proposed location of Tenant’ s signage, which approval shall not be unreasonably withheld provided that the signage is in
accordance with Landlord’ s written sign criteria. A copy of Landlord’ s written sign criteria is attached hereto as Exhibit G . Landlord
approves in advance text reading “E*TRADE” on Tenant’ s Building signage so long as the text is black in color; provided, however,
the text on Tenant’ s monument signs in the Phase and Tenant’ s Entry Wall Signs may contain the colors contained in Tenant’ s current
logo. Tenant Shall obtain all of the necessary governmental permits and approvals required to install Tenant’ s signs in the Project and
all of Tenant’ s signs shall comply with all laws, ordinances and regulations and any of the conditions, covenants and restrictions
recorded against the Phase.”
Section 11.5 :
On page 13, line 5, after the word “Tenant’ s”, insert “and Tenant’ s employees’ , agents’ , representatives’ and contractors’ ”.
Section 12.1 :
On page 14, line 1, in place of the deleted language, insert “If the Premises and/or the Building are damaged or destroyed, then,
subject to the provisions of this Section 12 and provided that neither party terminates this Lease pursuant to this Section 12, (i)
Landlord shall promptly and diligently repair or restore the Premises and/or the Building (excluding the Tenant Improvements and all
other alterations, additions and improvements made by Tenant to the Premises) and (ii) Tenant shall promptly and diligently repair or
restore all of the Tenant Improvements and all other alterations, additions and improvements made by Tenant to the Premises.”
Section 12.2 :
On page 14, line 4, in place of the deleted language, insert “portions of the Premises or the Building which Landlord is obligated to
repair”.
On page 14, line 5, in place of the deleted number, insert “two hundred seventy (270)”.
On page 14, line 8, after the word “notice.”, insert the following:
“In addition, Tenant shall have the right to terminate this Lease upon thirty (30) days’ prior written notice to Landlord if the Premises
or the Building is destroyed or damaged by fire or other casualty and either (i) Landlord reasonably determines that the repair or
restoration of the portion of the Premises or the Building which Landlord is obligated to repair or restore cannot be completed within
two hundred seventy (270) days from after the date of the casualty or (ii) Landlord fails to substantially complete the repair or
restoration of the portion of the Premises or the Building which Landlord is obligated to repair or restore by the two hundred
seventieth (270th) day from after the date of the casualty (hereinafter referred to as the “Outside Completion Date”). The Outside
Completion Date shall be extended for an additional ninety (90) days in the event Landlord fails to substantially complete the repair or
restoratio n of the portion of the Premises or the Building which Landlord is obligated to repair or restore for any reason not within
Landlord’ s reasonable control, including, without limitation, inclement weather, labor disputes, or any default by Landlord’ s contractor
or architect under their agreement with Landlord with respect to the repair or restoration of the Premises or the Building). In addition,
the Outside Completion Date shall be extended one day for each day that Landlord is delayed in completing the repair or restoration
work due to any interference by Tenant or Tenant’ s contractors with Landlord’ s repair or restoration work. Tenant shall exercise its
right to terminate this Lease pursuant to subsection (i) above, if at all, by written notice to Landlord within thirty (30) days after
Landlord notifies Tenant of Landlord’ s estimate of the time required to complete the repair or restoration of the portion of the
Premises or the Building which Landlord is obligated to repair or rest ore. Tenant shall exercise its right to terminate this Lease
pursuant to subsection (ii) above, if at all, by written notice to Landlord within ten (10) days after the expiration of the Outside
Completion Date. Notwithstanding the foregoing, if at any time Landlord reasonably determines that Landlord cannot substantially
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