Health Net 2009 Annual Report Download - page 305

7. Landlord’s Addresses. As of the Date, Landlord’s Addresses, as set forth in paragraph 3 of the Summary of Basic Lease
Information to the Original Lease, are amended and replaced with the following:
Landlord’s Address for Notices:
8. Tenant’s Address. As of the Effective Date, Tenant’s notice address is amended and replaced with the following:
with a copy to the Premises, also.
9. Subordination, Non-Disturbance, and Attornment Agreement. Landlord and Tenant hereby acknowledge that this
Amendment, as part of the “Lease,” is incorporated by and subject to the terms and conditions of that certain Subordination, Non-
Disturbance and Attornment Agreement dated as of August 7, 2003 (“SNDA”) among HSH Nordbank AG, New York Branch, a bank
incorporated in Germany (“HSH”), acting by and through its New York Branch as administrative agent, as Lender, and Landlord and
Tenant and that this SNDA supersedes and replaces any prior subordination, non-disturbance, and attornment agreement with U.S.
Bank National Association (“US Bank”), since US Bank no longer holds a deed of trust on the Real Property. Landlord represents and
warrants to Tenant that as of the Effective Date, the Real Property is encumbered by a deed of trust in favor of Hal and there are no
other deeds of trust or ground leases encumbering the Real Property.
10. Guaranty of Lease. As of the Effective Date, Landlord and Tenant acknowledge and agree that the Guaranty of Lease dated
September 20, 2000 made by LNR Property Corporation is released and of no further force and effect, since all “Guaranteed
Obligations” (as defined therein) have been paid in full.
11. Binding Effect. This Third Amendment becomes effective only upon the execution by Landlord and Tenant. Landlord and
Tenant represent and warrant to the other that the person executing this Third Amendment on behalf of such party is duly authorized
to do so.
12. Confirmation of Lease. As amended by this Third Amendment, Landlord and Tenant ratify the terms and conditions of the
Lease.
The undersigned have executed this Third Amendment as of the Effective Date.
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Warner Center OPCO, L.P.
c/o DLJ Real Estate Capital Partners
Credit Suisse First Boston
2121 Avenue of the Stars, 31st Floor
Los Angeles, CA 90067
Attention: Asset Managemen
t
Warner Center OPCO, L.P.
c/o BetaWest, Ltd.
1050 17th Street, Suite 1000
Denver, CO 80265
Attention: Asset Management
Landlord’s Address for Rent Payments: Warner Center OPCO, L.P.
P.O. Box 51911 E
Los Angeles, CA 90051-6211
Health Net, Inc.
11971 Foundation Place
Rancho Cordova, CA 95670
Attention: Director of Real Estate
LANDLORD: TENANT:
Warner Center OPCO, L.P., a Delaware limited partnership
Health Net, Inc., a California corporation
By:
Warner Center Holdco, LLC, a Delaware limited liability
company, general partner
By
/
s/ Dennis Bell
Name
Dennis Bell
Title Vice President
By: DLJ Real Estate Capital Partners II, L.P., a
Delaware limited partnership, managing member
By: DLJ Real Estate Capital II, Inc., a
Delaware corporation, general partner
By
/
s/ Laura L. Hahn
Laura L. Hahn,
Authorized Agen
t