Health Net 2009 Annual Report Download - page 320

1.14 Tenant’s Designated Broker. Cushman & Wakefield
1.15 Landlord’s designated broker. Cushman & Wakefield
2. DELIVERY, TERM AND CONSTRUCTION
2.1 Condition. Landlord shall cause the Base Building and the Tenant Improvements to be constructed in accordance with
the provisions of Exhibit C (“Landlord’s Work”). Exhibit C also sets forth the respective obligations of Landlord and Tenant with
respect to the design and construction of Tenant Improvements for the Premises. Landlord shall have no obligation to make any
improvements or alterations to the Premises except as provided in Exhibit C. Landlord may make changes in the size, configuration,
floor plan and design of the Building outside the Premises without Tenant’s consent so long as such are consistent with the existing
character and use of the Building, and the size and utility of the Premises are not materially affected.
2.2 Term. The Term of this Lease, and the scheduled date of commencement of the Term, are set forth in Sections 1.3 and
1.4. The Commencement Date shall be the later of: (a) thirty days after the date that Landlord delivers actual possession of the
Premises to Tenant with Landlord’s Work and the Tenant Improvements substantially complete, or and (b) the date that Landlord has
obtained all approvals and permits from the appropriate governmental authorities required for the legal occupancy of the Premises for
Tenant’s intended use; provided, however that the Commencement Date shall not be later than the date Tenant commences its
business operations in the Premises. “Substantially complete” or “substantial completion” means when Landlord completes
construction of the work on the Premises in accordance with the Plans, with the exception of any minor “punchlist” items and any
Tenant fixtures, work-stations, built-in furniture, or equipment to be installed by Tenant. Substantial completion shall not be deemed
to have occurred if there remains any incomplete or defective item of Tenant Improvements that would adversely affect Tenant’s
intended use of the Premises.
2.3 Delayed Delivery. If delivery of possession of the Premises to Tenant is delayed because of a delay in the substantial
completion of construction of the Tenant Improvements, because of a failure of an existing tenant to surrender possession of the
Premises to Landlord, or for any other reason, then this Lease shall remain in full force and effect, and Landlord shall not be liable to
Tenant for any damage occasioned by such delay. Notwithstanding the foregoing, if delivery of possession to Tenant with the Tenant
Improvements substantially completed is delayed so that the Commencement Date is more than 90 days after the Scheduled
Commencement Date as set forth in Section 1.4, however, the provisions of Exhibit C and Section 20 of this Lease shall control.
2.4 Memorandum. At the request of either party at any time following initial occupancy of the Premises by Tenant,
Landlord and Tenant shall execute a written memorandum reflecting the date of initial occupancy and confirming the Commencement
Date, the Expiration Date, and the Rentable Area of the Premises.
2.5 Area Measurement. “Rentable Area” means rentable area measured in accordance with American National Standard
Z65.1-1996, as published by BOMA International (“BOMA Standards”). The Rentable Area of the Premises has already been
measured. An artificial load (“R/U”) factor of 1.13 (which is not in excess of that provided under BOMA Standards) has been applied
to the usable area of the Premises to determine the Rentable Area.
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