eTrade 2000 Annual Report Download - page 215

1.2.1. Premises . The term “Premises” as used in the Lease shall refer to the existing Premises, the First Increment Expansion Space
and the Second Increment Expansion Space (to the extent the Second Increment Effective Date has occurred prior to the First
Increment Effective Date).
1.2.2. Building . The term “Building” as used in the Lease shall refer to both the 4500 Bohannon Building and the 4600 Bohannon
Building.
1.2.3. Building Common Areas . The term “Building Common Areas” as used in the Lease shall mean (i) the areas and facilities within
the 4500 Bohannon Building provided and designated by
Landlord for the general use, convenience or benefit of Tenant and other tenants of the 4500 Bohannon Building (e.g., common
stairwells, stairways, hallways, shafts, elevators, restrooms, janitorial telephone and electrical closets, pipes, ducts, conduits, wires and
appurtenant fixtures servicing the 4500 Bohannon Building) and (ii) the areas and facilities within the 4600 Bohannon Building
provided and designated by Landlord for the general use, convenience or benefit of Tenant and other tenants of the 4600 Bohannon
Building (e.g., common stairwells, stairways, hallways, shafts, elevators, restrooms, janitorial telephone and electrical closets, pipes,
ducts, conduits, wires and appurtenant fixtures servicing the 4600 Bohannon Building).
1.2.4. Tenant’ s Building Percentage Share . The term “Tenant’ s Building Percentage Share” as used in the Lease shall mean (i) one
hundred percent with respect to Operating Expenses and other costs and expenses attributable to or incurred in connection with the
operation of the 4500 Bohannon Building and (ii) a percentage equal to the Rentable Area of the Premises in the 4600 Bohannon
Building divided by the Rentable Area of the 4600 Bohannon Building with respect to Operating Expenses amid other costs and
expenses attributable to or incurred in connection with the operation of the 4600 Bohannon Building. If the Rentable Area of the
Premises or the Rentable Area of either the 4500 Bohannon Building or the 4600 Bohannon Building is changed, then (i) Tenant’ s
Building Percentage Share with respect to the 4500 Bohannon Building sha ll be adjusted to a percentage equal to the Rentable Area
of the Premises in the 4500 Bohannon Building divided by the Rentable Area of the 4500 Bohannon Building and (ii) Tenant’ s
Building Percentage Share with respect to the 4600 Bohannon Building shall be adjusted to a percentage equal to the Rentable Area of
the Premises in the 4600 Bohannon Building divided by the Rentable Area of the 4600 Bohannon Building.
1.2.5. Rent . The term “Rent” shall mean Base Rent, Additional Rent, First Increment Base Rent (defined in Section 1.3), Second
Increment Base Rent (defined in Section 2.3) and all other amounts payable by Tenant under the Lease.
1.2.6. Base Rent . For purposes of Sections 6.2(e), 7.2, 12.4, 13.2, 14.1, 16.1, 19.12, 25.2(a) and (b) and 25.4 of the Lease, the term
“Base Rent” shall mean both the Base Rent, the First Increment Base Rent and the Second Increment Base Rent.
1.3. First Increment Base Rent . In addition to Tenant’ s obligation to pay to Landlord the Base Rent described in Section 4.1 of the
Lease, Tenant shall pay to Landlord base rent with respect to Tenant’ s lease of the First Increment Expansion Space in the amount of
Thirty-Four Thousand Nine Hundred Sixty-One and 14/100 Dollars ($34,961.14) per month (the “First Increment Base Rent”). The
First Increment Base Rent shall be increased on November 15, 2000, and on each November 15 thereafter during the Term by three
and one-half percent (3.5%), regardless of whether the First Increment Effective Date has occurred. Tenant’ s obligation to pay to
Landlord the First Increment Base Rent shall commence on the forty-fifth (45th) day after First Increment Effective Date (hereinafter
referred to as the “First Increment Rent Commencement Date”) and continue thereafter duri ng the Term. Tenant shall pay to Landlord
the First Increment Base Rent in advance, on the First Increment Rent Commencement Date and on the first day of each calendar
month thereafter, together with Tenant’ s payment to Landlord of the Base Rent described in Section 4.1 of the Lease, without
deduction, abatement or setoff whatsoever. If the First Increment Rent Commencement Date or the last day of the Term is other than
the first or last day of a calendar month, respectively, then the First Increment Base Rent for the partial calendar month in which the
First Increment Rent Commencement Date or the end of the Term occurs shall be prorated on a per diem basis, based on the number of
days in such calendar month.
1.4. Tenant’ s Share . Effective as of the First Increment Effective Date, the percentages listed below shall be adjusted as follows:
1.4.1. Tenant’ s Phase Percentage Share . Tenant’ s Phase Percentage Share shall be equal to the sum of (i) Tenant’ s Phase Percentage
Share immediately prior to the First Increment Effective Date and (ii) six and 38/100ths percent (6.38%), subject to further
adjustments in accordance with Section 1.13 of the Lease.
1.4.2. Tenant’ s Project Percentage Share . Tenant’ s Project Percentage Share shall be equal to the sum of (i) Tenant’ s Project
Percentage Share immediately prior to the First Increment Effective Date and (ii) two and 93/100ths percent (2.93%), subject to
further adjustments in accordance with Section 1.14 of the Lease.
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