eTrade 2000 Annual Report Download - page 188

19.15. Broker. Tenant warrants that it has had no dealings with any real estate broker or agent other than the broker(s) referenced in
the Basic Lease Information (“Broker”) in connection with the negotiation of this Lease, and that it knows of no other real estate
broker or agent who is entitled to any commission or finder’ s fee in connection with this Lease. Tenant agrees to indemnify, protect,
defend and hold harmless Landlord from and against any and all claims, demands, losses, liabilities, lawsuits, judgments, costs and
expenses (including without limitation, attorneys’ fees and costs) with respect to any leasing commission or equivalent compensation
alleged to be owing on account of Tenant’ s dealings with any real estate broker or agent other than Broker.
19.16. Landlord’s Right to Perform . Upon Tenant’ s failure to perform any obligation of Tenant hereunder, including without
limitation, payment of Tenant’ s insurance premiums, charges of contractors who have supplied materials or labor to the Premises, etc.,
Landlord shall have the right to perform such obligation of Tenant on behalf of Tenant and/or to make payment on behalf of Tenant to
such parties. Tenant shall reimburse Landlord for the reasonable cost of Landlord’ s performing such obligation on Tenant’ s behalf,
including reimbursement of any amounts that may be expended by Landlord, plus interest at the Interest Rate.
19.17. Nonliability. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor
shall the rental herein reserved be abated by reason of, (i) the interruption of use of the Premises as a result of the installation of any
equipment in connection with the use, operation or maintenance of the Premises, Building, Phase and/or Project, (ii) any failure to
furnish or delay in furnishing any services required to be provided by Landlord when such failure or delay is caused by accident or any
condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises, Building,
Phase or Project, or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of
energy or any other service or utility whatsoever serving the Premises, Building, Phase or Project. Landlord shall use reasonable
efforts to remedy any interruption in the furnishing of such services.
19.18. Financial Statements. Within ten (10) days after Landlord’ s written request, Tenant shall deliver to Landlord Tenant’ s most
current quarterly and annual financial statements audited by Tenant’ s certified public accountant or, if audited financial statements are
not available, Tenant shall deliver to Landlord, Tenant’ s financial statements certified to be true and correct by Tenant’ s chief financial
officer. Tenant’ s annual financial statements shall not be dated more than twelve (12) months prior to the date of Landlord’ s request.
19.19. Entire Agreement. This Lease sets forth all covenants, promises, agreements, conditions and understandings between
Landlord and Tenant concerning the Premises, Building, Phase and Project, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between Landlord and Tenant other than as are herein set forth. Except as
otherwise provided in this Lease, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon
Landlord or Tenant unless reduced to writing and signed by Landlord and Tenant.
19.20. Addendum. The Addendum attached hereto is incorporated herein by reference. If no Addendum, state “none” in the
following space: .
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above-written.
“Landlord” “Tenant”
MENLO OAKS PARTNERS L.P.,
a Delaware limited partnership
E*TRADE GROUP, INC.
a Delaware corporation
By: /s/ Len Purkis
ByAM Limited Partners, a California limited
partnership, its General Partner
Name: Len Purkis
Its:EVP & COO
By: /s/ Kathy Levinson
By:Amarok Menlo, Inc., a California
corporation, its General Partner
Name: Kathy Levinson
Its: President & COO
2002. EDGAR Online, Inc.