eTrade 2000 Annual Report Download - page 184

or beginning of the exercise by Landlord of any one or more of the rights or remedies provided for in this Lease, or now or hereafter
existing at law or in equity or by statute or otherwise, shall not preclude the simultaneous or later exercise by Landlord of any or all
other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise.
(f) No Waiver . Landlord’ s failure to insist upon the strict performance of any term hereof or to exercise any right or remedy upon a
default by Tenant under this Lease shall not constitute a waiver of any such term or default. In addition, Landlord’ s acceptance of Rent
shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the
failure of Tenant to pay the particular Rent accepted, regardless of Landlord’ s knowledge of such preceding breach at the time
Landlord accepts such Rent. Efforts by Landlord to mitigate the damages caused by Tenant’ s breach of this Lease shall not be
construed to be a waiver of Landlord’ s right to recover damages under this Section 14. Nothing in this Section 14 affects the right of
Landlord to indemnification by Tenant in accordance with the terms of this Lease for any liability arising prior to the termination of
this Lease for personal injuries or property damage.
15. ASSIGNMENT AND SUBLETTING
15.1. Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole
or in part (each hereinafter referred to as an “assignment”), nor sublet or permit
occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a “sublet” or “subletting”),
without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or
subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Tenant’ s obligation to pay Base Rent and
Additional Rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Landlord’ s prior
written consent shall be void. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for
obtaining Landlord’ s consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or
subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor
of Tenant, and without obtaining its or thei r consent thereto, and such action shall not relieve Tenant or any successor of Tenant of
any liability under this Lease. As Additional Rent hereunder, Tenant shall reimburse Landlord for all reasonable legal fees and other
expenses incurred by Landlord in connection with any request by Tenant for consent to an assignment or subletting.
15.2. Information to be Furnished. If Tenant desires at any time to assign its interest in this Lease or sublet the Premises, Tenant
shall first notify Landlord of its desire to do so and shall submit in writing to Landlord: (i) the name of the proposed assignee or
subtenant; (ii) the nature of the proposed assignee’ s or subtenant’ s business to be conducted in the Premises; (iii) the terms and
provisions of the proposed assignment or sublease, including the date upon which the assignment shall be effective or the
commencement date of the sublease (hereinafter referred to as the “Transfer Effective Date”) and a copy of the proposed form of
assignment or sublease; and (iv) such financial information, including financial statements, and other information as Landlord may
reasonably request concerning the proposed assignee or subtenant.
15.3. Landlord’s Election. At any time within days after Landlord’ s receipt of the information specified in Section 15.2, Landlord
may, by written notice to Tenant, elect to (i) terminate this Lease as to the space in the Premises that Tenant proposes to sublet ; (ii)
terminate this Lease as to entire Premises (available only if Tenant proposes to assign all of its interest in this Lease (iii) consent to the
proposed assignment or subletting by Tenant; or (iv) withhold its consent to the proposed assignment or subletting by Tenant.
15.4. Termination. If Landlord elects to terminate this Lease with respect to all or a portion of the Premises pursuant to Section
15.3(0 or (ii) above, this Lease shall terminate effective as of the Transfer Effective Date .
15.5. Withholding Consent. Without limiting other situations in which it may be reasonable for Landlord to withhold its consent to
any proposed assignment or sublease, Landlord and Tenant agree that it shall be reasonable for Landlord to withhold its consent in any
one (1) or more of the following situations: (1) in Landlord’ s reasonable judgment, the proposed subtenant or assignee or the proposed
use of the Premises would detract from the status of the Building as a first-class office building, generate vehicle or foot traffic,
parking or occupancy density materially in excess of the amount customary for the Building or the Project or result in a materially
greater use of the elevator, janitorial, security or other Building services (e.g., HVAC, trash disposal and sanitary sewer flows) than is
customary for the Project; (2) in Landlord’ s reasonable judgment, the creditworthiness of the proposed subtenant or as signee does not
meet the credit standards applied by Landlord in considering other tenants for the lease of space in the Project on comparable terms, or
Tenant has failed to provide Landlord with reasonable proof of the creditworthiness of the proposed subtenant or assignee; (4) the
proposed assignee or subtenant is a governmental entity, agency or department or the United States Post Office; or (5) the proposed
subtenant or assignee is a then existing or prospective tenant of the Project . If Landlord fails to elect either of the alternatives within
the day period referenced in Section 15.3, it shall be deemed that Landlord has refused its consent to the proposed assignment or
sublease.
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