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EXHIBIT 10.15
ADDENDUM TO LEASE
000 XXXXXXXX XXXXXXXX XXXX
THIS ADDENDUM TO LEASE (this "Lease") made this 28th day of July, 1999,
by and BETWEEN NBP 132, LLC, a Maryland limited liability company (the
"Landlord") and AMERITRADE HOLDING CORPORATION, a Delaware corporation (the
"Tenant"), witnesseth that the parties hereby agree as follows:
BACKGROUND
On even date herewith, Landlord and Tenant have entered into a
Lease, pursuant to which Tenant leases from Landlord the building known
as "132 National Business Park" located in Annapolis Junction, Maryland
(the "Premises").
Tenant has requested and Landlord has agreed to grant Tenant
additional rights in the event that Tenant decides to construct the
improvements other than the Landlord's Work in the Premises on the
terms and conditions set forth in the Lease.
In consideration of the Background and other good and valuable
consideration, the parties hereby agree as follows:
1. The following provision shall be added to the end of Section 35.6;
If Tenant elects to construct the improvements other than the
Landlord's Items in accordance with the provisions of Section 35.1, if
Landlord does not achieve Substantial Completion of the Base Building
on or before March 15, 2000, subject to extensions for Force Majeure
Events, Landlord shall give Tenant a credit in the amount of the per
diem amount of Base Rent and additional rent due hereunder in
accordance with the following schedule for each day that Landlord fails
to deliver the Premises to Tenant:
Length of Delay Amount of Liquidated
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Damages for each day of
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delay
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For each day of delay between March 15, 0000 Xxx day of Base Rent and
May 15, 2000 additional rent
For each day of delay between May 16, 2000 and Two days of Base Rent and
June 15, 2000 and additional rent
For each day of delay beyond June 15, 2000 Three days of Base Rent and Additional rent
Notwithstanding anything herein to the contrary, in addition to the
accrual of liquidated damages, if Landlord does not achieve Substantial
Completion of the Base Building on or before June 15, 2000, Tenant
shall have the right to terminate this Lease by giving Landlord fifteen
(15) days advance written notice, whereupon. Landlord shall reimburse
Tenant for any insurance premiums paid by Tenant as of such date and
pay the accrued liquidated damages. If Tenant does not exercise its
termination right on or before July 15, 2000, Tenant shall waive its
rights to terminate this Lease and this Lease shall remain in full
force and effect and Tenant shall continue to accrue liquidated damages
until Landlord achieves Substantial Completion of the Base Building.
If Landlord has not delivered the Premises with the Base
Building substantially completed on or before June 30, 2000, and Tenant
has not terminated the Lease, Land will accommodate Tenant's space
requirement pursuant to Section 35.6 of the Lease.
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1. Except to the extent modified herein, the Lease shall remain in full force
and effect.
IN WITNESS WHEREOF, Landlord and Tenant have respectively affixed their
hands and seals to this Addendum as of the day and year first above written.
WITNESS OR ATTEST: LANDLORD:
NBP 132, LLC
/s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxx (SEAL)
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Name: Xxxxxxx X. Xxxxxxx
Title: President
WITNESS OR ATTEST: TENANT:
AMERITRADE HOLDING CORPORATION
/s/ Xxxxx X.X. Xxxxxx By: /s/ Xxxxxx X. Xxxxx, Xx. (SEAL)
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Name: Xxxxxx X. Xxxxx, Xx.
Title: Co-CEO
STATE OF MARYLAND, , TO WIT:
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I HEREBY CERTIFY, that on this day of ___, 1999, before me, the
undersigned Notary Public of the State, personally appeared _____________ , who
acknowledged himself to be the ______________ of NBP 132, LLC, a Maryland
limited liability company, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that
he executed the same on behalf of the corporation for the purposes therein
contained as the duly authorized _____________ of the corporation by signing the
name of the corporation by himself as such ____________.
WITNESS my hand and Notarial Seal.
Notary Public
My Commission Expires:
STATE OF MARYLAND, , TO WIT:
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I HEREBY CERTIFY, that on this _____ day of ___, 1999, before me, the
undersigned Notary Public of the State, personally appeared _____________, known
to me (or satisfactorily proven) to be the person whose name is subscribed to
the within instrument, and acknowledged himself/herself to be the of AMERITRADE
HOLDING CORPORATION, a Delaware corporation, and that he/she, as such
___________, being authorized so to do, executed the foregoing instrument on
behalf of the Corporation by himself/herself as such_____________________.
WITNESS my hand and Notarial Seal.
Notary Public
My Commission Expires:
