Health Net 2009 Annual Report Download - page 325

4.3 Parking. Tenant and its employees shall be entitled at all times to the use of the Parking Spaces set forth in
Section 1.10 in the parking structure for the Building. Neither Tenant nor its employees shall use spaces designated for visitor parking
(except for Tenant’s visitors) and Landlord may impose and collect from Tenant reasonable fines for violation of this restriction. The
selection of Tenant’s covered reserved Parking Spaces from spaces not already reserved shall be subject to Landlord’s reasonable
approval. Tenant shall cooperate with such reasonable and generally-applicable requirements for access to the parking facilities as
Landlord may establish from time to time, including use of parking stickers, key cards, or other means. Tenant shall register with
Landlord all vehicles parked in the Complex by Tenant and its employees. Landlord shall have no responsibility or liability for
damage to vehicles parked in the Parking Spaces, regardless of cause. Tenant shall pay to Landlord charges for the Parking Spaces, in
advance on or before the first day of each month, in the amount of $30 per month per covered reserved space and $20 per month per
covered unreserved space; provided, however, for the first twenty-four Lease Months, no charges shall be paid for parking and during
any Extension Option terms, the amount of the parking charges shall be the standard parking rates for the Building parking structure
as established and modified from time to time by Landlord. If during the Term Tenant desires to exchange covered reserved spaces
for canopy-covered reserved spaces at the same monthly rate, Tenant shall be entitled to do so subject to availability of such canopy-
covered reserved spaces.
5. SECURITY DEPOSIT
Upon execution of this Lease Tenant shall deposit with Landlord a security deposit in the amount set forth in Section 1.8 to secure
Tenant’s performance of this Lease. The security deposit shall not bear interest, shall not be required to be maintained in a separate
account, and shall be returned, less any unpaid claims against Tenant, upon the expiration of this Lease and the surrender of
possession of the Premises, to Tenant or to the last assignee of Tenant’s interest.
6. RENT
6.1 Base Rent. Tenant shall pay to Landlord, in advance, on the first day of each calendar month, beginning on the
Commencement Date, Base Rent in the amount set forth in Section 1.5, subject to adjustment under Section 6.2.
6.2 Adjustment for Rentable Area. The amount of the Base Rent shall be adjusted based on the applicable rate of Base
Rent Per Rentable Square Foot as shown in Section 1.5 and the result of the measurement of the Premises pursuant to Section 2.5.
6.3 Late Charges and Interest. If Base Rent or any other amount payable under this Lease is not paid within ten days
after the date it is due, Tenant shall pay to Landlord, as liquidated damages to compensate Landlord for costs and inconveniences of
special handling and disruption of cash flow, a late charge in the amount of 5% of the amount past due. The assessment or collection
of a late charge shall not constitute the waiver of a default and shall not bar the exercise of other remedies for nonpayment. In
addition to the late charge, all amounts not paid within ten days after the date due shall bear interest from the date due (i) until the
happening of an Event of Default, at the rate of 12% per annum and (ii) thereafter, at the rate set forth in Section 19.2.
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