eTrade 2000 Annual Report Download - page 174

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.
5.7. Personal Property Taxes. Tenant shall pay or cause to be paid, not less than ten (10) days prior to delinquency, any and all
taxes and assessments levied upon all of Tenant’ s trade fixtures, inventories and other personal property in, on or about the Premises.
When possible, Tenant shall cause Tenant’ s personal property to be assessed and billed separately from the real or personal property
of Landlord.
5.8. Taxes on Tenant Improvements. Notwithstanding any other provision hereof, Tenant shall pay to Landlord the full amount of
any increase in Impositions during the Term resulting from any and all alterations and tenant improvements of any kind whatsoever
placed in, on or about or made to the Premises, Building, Phase or Project for the benefit of, at the request of, or by Tenant.
6. INSURANCE
6.1. Landlord. Landlord shall maintain “Special Form” property insurance (or its equivalent if “Special Form” property insurance is
not available) including vandalism and malicious mischief coverage for the full replacement cost of the Building (but excluding any
equipment, fixtures, alterations, improvements, additions or
personal property of Tenant or any alterations, additions or improvements made by or at the request of Tenant to the Premises, other
than those tenant improvements owned by Landlord). Such property insurance shall include endorsements for sprinkler leakage,
inflation, building ordinance coverage and such other endorsements as selected by Landlord, together with rental value insurance
against loss of Rent for a period of twelve (12) months commencing on the date of loss. Landlord may also carry such other insurance
as Landlord may deem prudent or advisable, including, without limitation, liability insurance and hazardous materials,
earthquake/volcanic action , flood and/or surface water, boiler and machinery comprehensive coverages in such amounts, with such
deductibles and upon such terms as Landlord shall determine. Upon Tenant’ s written request, Landlord shall deliver to Tenant
certificates evidencing the coverage required under this Section 6.1. Landlord, either directly or thro ugh its agent, may maintain any
of the insurance required to be maintained by Landlord pursuant to this Section 6.1 under one or more “blanket policies”, insuring
other parties and/or other locations, so long as the amounts and coverages required under this Section 6.1 are not diminished as a result
thereof.
6.2. Tenant. Tenant shall, at Tenant’ s expense, obtain and keep in force at all times the following insurance:
(a) Commercial General Liability Insurance (Occurrence Form) . A policy of commercial general liability insurance (occurrence form)
having a combined single limit of not less than providing coverage for, among other things, blanket contractual liability, premises,
products/completed operations and personal and advertising injury coverage ;
(b) Automobile Liability Insurance . Comprehensive automobile liability insurance having a combined single limit of not less than Five
Million Dollars ($5,000,000.00) per occurrence, and insuring Tenant against liability for claims arising out of ownership, maintenance
or use of any owned, hired, borrowed or non-owned automobiles ;
2002. EDGAR Online, Inc.