eTrade 2000 Annual Report Download - page 200

25.4 Notice to Landlord and Tenant . After the monthly Base Rent for an Extension Term has been set, Landlord and Tenant
immediately shall execute an amendment to the Lease stating the monthly Base Rent .
26.Option to Expand.
26.1First Expansion Option Space.
(a) Option to Expand . Provided that (i) no Event of Default by Tenant exists under the terms of this Lease at the time Tenant exercises
its option to expand the Premises or at the time Tenant is to commence occupancy of the space in question, (ii) E-Trade Group, Inc. or
a Permitted Assignee occupies at least ninety percent (90%) of the Building, the 4200 Bohannon Building and all other space leased to
Tenant pursuant to this Lease and the 4200 Bohannon Lease, and (iii) Tenant has a financial net worth of at least Five Hundred Million
Dollars ($500,000,000.00) at the time Tenant exercises its First Expansion Option, or Tenant otherwise delivers to Landlord the
additional security deposit required pursuant to Section 26.3 below, Tenant shall have the option (the “First Expansion Option”) to
lease the space (the “First Expansion Option Space”) listed on Exhibit F-1 , at tached hereto, in the increments listed on Exhibit F-1,
upon the terms and conditions contained in this Section 26.
(b) Exercise of First Expansion Option . Tenant shall exercise the First Expansion Option with respect to either or both of the
increments of First Expansion Option Space by written notice to Landlord no earlier than fifteen (15) months prior to the expiration
date (the “FEOS Current Lease Expiration Date”) of the existing lease of the applicable increment of First Expansion Option Space
(noted on Exhibit F-1 ) and no later than January 31, 1999. If Tenant fails to exercise the First Expansion Option with respect to an
increment of First Expansion Option Space within the time period provided above, the First Expansion Option with respect to that
increment of First Expansion Option Space shall expire, and Tenant and Landlord shall have no further rights or obligations under this
Section with respect to that increment of First Expansion Option Space.
(c) Terms of Lease . Landlord shall lease each increment of First Expansion Option Space to Tenant on all the same terms and
conditions contained in this Lease except (i) Landlord shall not be required to pay to Tenant any tenant improvement allowance or
inducement, (ii) the term of Tenant’ s lease of each increment of First Expansion Option Space shall be for ten (10) years, commencing
on the date on which Landlord delivers to Tenant possession of the increment of First Expansion Option Space (subject to extension
pursuant to Section 26.1(e) and Section 26.2(e) below), (iii) Tenant shall not have the right to install exterior signage on the building in
which the First Expansion Option Space is located, (iv) Tenant shall deliver to Landlord concurrently with Tenant’ s execution of an
amendment to the Lease to include the additional premises or Tenant’ s execution of a new lease for the additional premises (which
Tenant shall execute within thirty (30) days after Tenant exercises its First Expansion Option and receives the proposed amendment or
lease from Landlord) a security deposit for the applicable increment of First Expansion Option Space leased by Tenant in an amount
equal to the last monthly installment of Base Rent due for the applicable increment of First Expansion Option Space, (v) the monthly
Base Rent per rentable square foot for the increment of First Expansion Option Space leased by Tenant shall be an amount equal to
monthly Base Rent per rentable square foot of the existing Premises in effect at the commencement of the term of the applicable
increment of First Expansion Option Space, less (1) the amount of the monthly Base Rent per rentable
square foot attributable to the Additional Allowance (if any) and (2) the amount of the monthly Base Rent per rentable square foot
attributable to the Base Allowance (which the parties agree to be an amount equal to Seven and One-Half Cents ($0.075) per rentable
square foot, increased by three and one-half percent (3.5%) per annum beginning on the Commencement Date and ending on the
commencement date of the term Of the applicable increment of First Expansion Option Space), subject to further increases thereafter
in the same percentages and on the same dates as the remainder of the Premises pursuant to Section 4,2, and (vi) Tenant shall lease the
First Expansion Option Space in its “as is” condition, except Landlord shall deliver the First Expansion Option Space to Tenant in
broom clean condition, with all building systems in good working condition and the roof in water-tight condition.
(d) Delivery of First Expansion Option Space . If Tenant exercises the First Expansion Option with respect to any increment of First
Expansion Option Space, Landlord shall use commercially reasonable efforts to deliver possession of the applicable increment of First
Expansion Option Space to Tenant within five (5) days after Landlord recovers possession of the increment of First Expansion Option
Space. Tenant’ s obligation to pay Rent to Landlord for an increment of First Expansion Option space shall commence on the
forty-fifth (45th) day after Landlord delivers possession of the applicable increment of First Expansion Option Space to Tenant.
(e) Extension of Term . If Tenant exercises its option to lease an increment of First Expansion Option Space or Tenant exercises its
option under the 4200 Bohannon Lease to lease the 4400 Bohannon Expansion Option Space, then the Term with respect to the
Premises, the 4400 Bohannon Expansion Option Space (provided that Tenant has exercised its option with respect to such space) and
all increments of First Expansion Option Space for which Tenant has exercised its First Expansion Option, shall be extended until the
end of the tenth (10th) year after latest commencement date of Tenant’ s lease of any increment of First Expansion Option Space (for
which Tenant has exercised its First Expansion Option) or the commencement date of Tenant’ s lease of the 4400 Bohannon Expansion
2002. EDGAR Online, Inc.