Health Net 2009 Annual Report Download - page 307

3. 2002 Base Year Direct Expenses. Settling Landlord and Tenant agree that the per rentable square feet 2002 Base Year Direct
Expenses are set forth below:
4. 2003 Direct Expenses. Settling Landlord and Tenant agree that the per rentable square foot 2003 Direct Expenses are set
forth below:
5. Reconciliation.
(a) Building B. Tenant paid to Settling Landlord a total of $ 173,707.00 (approximately $.97 per rentable square foot) for
Tenant’s Share of the Excess of 2003 Direct Expenses over the Base Year Direct Expenses with respect to Building B. The total
2003 Direct Expenses for Building B payable by Tenant is $175,434.00, which is approximately $.98 per rentable square foot
($10.38 -$ 9.40). Tenant has underpaid $1,727.00 of such expenses.
(b) Budding C. Tenant paid to Settling Landlord a total of $141,394.00 (approximately $.96 per rentable square foot) for
Tenant’s Share of Excess of 2003 Direct Expenses over the Base Year Direct Expenses with respect to Building C. The total
2003 Direct Expenses for Building C payable by Tenant is $140,101.00, which is approximately $.95 per rentable square foot
($10.04 - $9.09). Tenant has overpaid $1,293.00 of such expenses.
(c) Reconciliation Payment. Tenant will pay to Settling Landlord, the underpayment of $434.00 ($1.727.00- $1,293.00),
within 15 business days after execution of this Amendment.
6. Final Settlement. Settling Landlord, Successor Landlord and Tenant acknowledge and agree that this Fourth Amendment is a
full and complete resolution of the determination and audit of Direct Expenses for 2002 and 2003 and each of Settling Landlord,
Successor Landlord and Tenant waives and releases the others from any claim or other challenge to, and relinquishes all rights to
object to, dispute or audit, the amount, determination and payment of the 2002 and 2003 Direct Expenses.
7. Waiver Of California Civil Code § 1542. Each party knowingly waives the provisions of California Civil Code §1542
which provides as follows
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must have materially affected his or her settlement with the
debtor.
Each party agrees that this Fourth Amendment is intended to cover all claims arising out of the determination of the 2002 and 2003
Direct Expenses including payment of the same, whether the same are known or unknown or hereafter discovered.
THE PARTIES HERETO EXPRESSLY ACKNOWLEDGE THAT THEY HAVE EACH BEEN ADVISED BY THEIR OWN
COUNSEL OF THE CONTENTS AND EFFECT OF CALIFORNIA CIVIL CODE §1542 AND WITH SUCH KNOWLEDGE
EACH EXPRESSLY WAIVES WHATEVER BENEFITS IT MAY HAVE PURSUANT TO SUCH PROVISION IN
CONNECTION WITH THIS FOURTH AMENDMENT.
(a)
B
uildin
g
B
Cost Per Rentable S
q
uare Foot
Operating Expenses $4.92
Utilities Cost 2.30
Tax Expenses 2.18
Total 2002 Direct Ex
p
enses
$
9.40
(b)
B
uildin
g
C
Cost Per Rentable S
q
uare Foot
Operating Expenses $4.78
Utilities Cost 2,14
Tax Expenses 2.17
Total2002 Direct Ex
p
enses
$
9 0
9
(a)
B
uildin
g
B
—
2
003 Cost Per Rentable S
q
uare Foot
Operating Expenses $5.63
Utilities Cost 2.33
Tax Expenses
2.42
Total 2003 Direct Expense
$
10.38
(b)
B
uildin
g
C
—
2
003
P
er Rentable S
q
uare Foot
Operating Expenses $5.49
Utilities Cost 2.21
Tax Expenses 2.34
Total 2003 Direct Expenses
$
10.04