eTrade 2000 Annual Report Download - page 217

the first day of each calendar month, 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 Second 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 Second Increment Base Rent for the partial calendar
month in which the Second 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.
2.3. Tenant’ s Share . Effective as of the Second Increment Effective Date, the percentages listed below shall be adjusted as follows:
2.3.1. 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 Second Increment Effective Date and (ii) eight and 25/100ths percent (8.25%), subject to further
adjustments in accordance with Section 1.13 of the Lease.
2.3.2. 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 Second Increment Effective Date and (ii) three and 6/10ths percent (3.6%), subject to
further adjustments in accordance with Section 1,14 of the Lease.
2.4. Term . Effective as of the Second Increment Effective Date, the Term shall be extended until the last day of the tenth (10th) year
after the later of (i) the First Increment Effective Date or (ii) the Second Increment Effective Date, subject to extension pursuant to
Section 26.2(e) of the Lease.
2.5. Parking . Effective as of the Second Increment Effective Date, the percentage of the available parking spaces in the Phase that
Tenant is entitled to use on a non-exclusive basis shall be equal to the sum of (i) the percentage of available parking spaces in the
Phase that Tenant is entitled to use immediately prior to the Second Increment Effective Date and (ii) eight and 25/100ths percent
(8.25%).
2.6. Delivery . Landlord shall use commercially reasonable efforts to recover possession of the Second Increment Expansion Space
from the existing tenant (the “Second Increment Existing Tenant”) following the expiration of the Second Increment Existing Tenant’ s
lease of the Second Increment Expansion Space (hereinafter referred to as the “Second Increment Existing Lease”). If the Second
Increment Existing Tenant fails to surrender possession of the Second Increment Expansion Space to Landlord within fourteen (14)
days after the expiration of the Second Increment Existing Lease, Landlord shall file an unlawful detainer action against the Second
Increment Existing Tenant for recovery of possession of the Second Increment Expansion Space and prosecute the action with
reasonable diligence until possession of the Second Increment Expansion Space if obtained. Landlord shall deliver possession of the
Second Increment Expansion Space to Tenant in a broom clean condition, with all building systems in working order and the roof in
water-tight condition. Except as provided above, Tenant shall accept delivery of the Second Increment Expansion Space in its “as is”
condition as of the Second Increment Effective Date, without any representation or warranty of any kind from Landlord.
3. Security Deposit . Concurrently with the execution of this Amendment, Tenant shall deliver to Landlord an additional security
deposit (the “Additional Security Deposit”) in the amount of One Hundred Nine Thousand Two Hundred Eleven and 69/100 Dollars
($109,211.69). The Additional Security Deposit shall be combined with the Security Deposit and secure the performance of all of
Tenant’ s obligations under the Lease. Tenant shall not be entitled to interest on the Additional Security Deposit. From and after the
date of this Amendment, the term “Security Deposit” as used in the Lease shall mean both the original Security Deposit and the
Additional Security Deposit.
4. Signage . Notwithstanding anything to the contrary contained in the Lease, Tenant may not install, construct or place any exterior
signage on the 4600 Bohannon Building.
5. Tenant Improvement Allowance . Landlord shall not be required to pay to Tenant any tenant improvement allowance or inducement
in connection with or as a result of Tenant’ s lease of the Expansion Space.
6. Entire Agreement . This Amendment represents the entire understanding between Landlord and Tenant concerning the subject
matter hereof, and there are no understandings or agreements between them relating to the Lease, the Premises or the Expansion Space
not set forth in writing and signed by the parties hereto. No party hereto has relied upon any representation, warranty or understanding
not set forth herein, either oral or written, as an inducement to enter into this Amendment.
7. Continuing Obligations . Except as expressly set forth to the contrary in this Amendment, the Lease remains unmodified and in full
force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Lease, the terms of this
Amendment shall control.
IN WITNESS WHEREOF , the parties hereto have executed this Amendment as of the day and year first above written.
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