eTrade 2000 Annual Report Download - page 198

Section 19.15:
At the end of this Section, insert “Landlord shall pay to Tenant’ s Broker a leasing commission in connection with this Lease in
accordance with the terms and conditions set forth in a separate written agreement entered into between Landlord and Tenant’ s
Broker.”
Section 19.17:
At the end of this Section, insert “Notwithstanding anything to the contrary contained in this Section, if in the event of any interruption
in utilities or services to the Premises that (i) substantially interferes with Tenant’ s use of the Premises for Tenant’ s business, as
reasonably determined by Tenant, for more than five (5) continuous days, and (ii) are not the result of Tenant’ s negligence or willful
misconduct, the Rent due under this Lease shall abate (but only to the extent of any proceeds received by Landlord from rental
abatement insurance) for each successive day that the interruption continues until the utilities or services are restored.”
Sections 20-26:
The following Sections are incorporated into the Lease:
20. Early Entry . Upon the execution and delivery of this Lease, Tenant may, at Tenant’ s sole risk and cost, enter upon the Premises
prior to the Commencement Date for the purposes of performing Tenant’ s Work (as defined in the Work Letter) subject to Tenant
complying with each of the following terms and conditions during such early entry period: (i) Tenant shall comply with all of the terms
and conditions contained in this Lease, except for Tenant’ s obligation to pay Base Rent, Impositions and Operating Expenses; (ii)
Tenant shall indemnify, protect, defend and hold harmless Landlord and all other Indemnified Parties from all claims and losses, and
exempt Landlord and the other Indemnified Parties from any liability, all as more particularly provided in Sections 6.4 and 6.5; (iii)
Tenant shall comply with all of the requirements contained in this Lease with respect to the type and amounts of insurance required t o
be maintained by Tenant and provide Landlord with evidence satisfactory to Landlord that Tenant has obtained such insurance; and
(iv) Tenant shall pay for all utility services supplied to the Premises and/or used by Tenant.
21. Adjustments to Base Rent . The monthly Base Rent shall be increased on each anniversary of the Commencement Date during the
Term by an amount equal to three and one-half percent (3.5%) of the amount of the then existing monthly Base Rent.
25.Extension Options
25.1 Options to Extend . Tenant shall have two (2) options to extend the Term for a period of five (5) years each (hereinafter referred
to as the “First Extension Term” and “Second Extension Term,” respectively, and each, an “Extension Term”), provided that at the
time Tenant’ s Extension Notice (defined below) is given and at the time the Extension Term is to commence (i) no Event of Default by
Tenant exists and (ii) E-Trade Group, Inc. or a Permitted Assignee of E-Trade Group, Inc. is in occupancy of at least ninety percent
(90%) of the Building, the 4200 Bohannon Building and any other space leased to Tenant pursuant to this Lease or the 4200 Bohannon
Lease. Tenant shall exercise such option, if at all, by written notice (“Tenant’ s Extension Notice”) to Landlord not later than fifteen
(15) months, nor earlier than eighteen (18) months, prior to the expiration of the original Te rm (as such Term may be extended
pursuant to Section 26) or the First Extension Term, as the case may be. Tenant may exercise its option to extend the Term for an
Extension Term only if Tenant concurrently exercises its right to extend the term of the 4200 Bohannon Lease for an equal period of
time in accordance with the terms and conditions contained therein. Tenant’ s failure to deliver Tenant’ s Extension Notice to Landlord
in a timely manner shall be deemed a waiver of Tenant’ s option to extend the Term and Tenant’ s extension option, and any future
option to extend the Term, shall lapse and be of no force or effect.
25.2Exercise of Option.
(a) First Extension Term . If Tenant exercises its extension option for the First Extension Term, the Term shall be extended for an
additional period of five (5) years on all of the terms and conditions of this Lease, except (i) Tenant’ s options to further extend the
Term shall be reduced in number by one, (ii) Landlord shall
not be required to pay to Tenant any tenant improvement allowance or inducement and (iii) the monthly Base Rent for the first year of
the First Extension Term shall be the greater of (A) the “Initial Fair Market Rent” prevailing at the commencement of the First
Extension Term or (B) the monthly Base Rent in effect at the end of the original Term. The Base Rent due during the First Extension
Term shall be increased annually by the Average Annual Percentage (defined below), if any.
(b) Second Extension Term . If Tenant exercises its extension option for the Second Extension Term, the Term shall be extended for
an additional period of five (5) years on all of the terms and conditions of this Lease, except (i) Tenant shall have no further options to
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