eTrade 2000 Annual Report Download - page 177

Landlord may give notice to Tenant of Landlord’ s revised estimate for the calendar year, and subsequent payments by Tenant for the
calendar year shall be based on the revised estimate.
7.6. 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 practicable, Landlord shall deliver to Tenant a statement of the adjustment to the
Operating Expenses 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 Operating
Expenses due. If, on the basis of the statement, Tenant owes an amount that is more than the amount of estimated payments made by
the 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 ninety (90) days
after Tenant’ s receipt of the year end statement. In addition, if, after the end of any calendar year or any annual adjustment of
Operating Expenses for a calendar year, Operating Expenses are incurred or billed to Landlord that are attributable to any period
within the Term (e.g., sewer district flow fees), Landlord shall notify Tenant of its share of such additional Operating Expenses and
Tenant shall pay such amount to Landlord within ten (10) days after Landlord’ s written request therefor.
7.7. Less Than Full Occupancy. In the event the Building, Phase or Project are not fully occupied during any year of the Term, an
adjustment shall be made in computing Operating Expenses for such year so that the same shall be computed for such year as though
the Building, Phase and Project had been fully occupied during such year.
7.8. Special Services.
(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 s hall 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” a s 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
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