eTrade 2000 Annual Report Download - page 173

Expenses and any other amounts payable hereunder, shall be considered additional rent (“Additional Rent”) for the purposes of this
Lease, and Tenant shall pay Additional Rent to Landlord upon written demand by Landlord or otherwise as provided in this Lease.
The term “ Rent” shall mean Base Rent and Additional Rent.
4.4. Late Payment. If any installment of Rent is not paid, Tenant shall pay to Landlord a late payment charge equal to five percent
(5%) of the amount of such delinquent payment of Rent in addition to the installment of Rent then owing, regardless of whether or not
a notice of default or notice of termination has been given by Landlord. This provision shall not relieve Tenant from payment of Rent
at the time and in the manner herein specified.
4.5. Interest. In addition to the imposition of a late payment charge pursuant to Section 4.3 above, any Rent that is not paid due shall
bear interest from the date due until the date paid at the rate (the “Interest Rate”) that is the lesser of twelve percent (12%) per annum
or the maximum rate permitted by law. Landlord’ s acceptance of any interest payments on any past due Rent shall not constitute a
waiver by Landlord of Tenant’ s default with respect to the amount of Rent past due or prevent Landlord from exercising any of the
rights and remedies available to Landlord under this Lease or at law.
4.6. Security Deposit. Upon executing this Lease, Tenant shall deliver to Landlord cash (the “Security Deposit”) in the amount
specified as the Security Deposit in the Basic Lease Information. The Security Deposit shall secure the performance of all of Tenant’ s
obligations under this Lease, including Tenant’ s obligation to pay Rent and other monetary amounts, to maintain the Premises and
repair damages thereto, and to surrender the Premises to Landlord upon termination of this Lease in the condition required pursuant to
Section 8 below. Landlord may use and commingle the Security Deposit with other funds of Landlord. If Tenant fails to perform
Tenant’ s obligations hereunder, Landlord may, but without any obligation to do so, apply all or any portion of the Security Deposit
towards fulfillment of Tenant’ s unperformed obligations. If Landlord does so apply all or any portion of the Security De posit, Tenant,
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
2002. EDGAR Online, Inc.