Health Net 2009 Annual Report Download - page 328

(k) Costs of alterations or modifications to the Building necessary to comply with requirements of applicable law,
excluding matters that were not in compliance as of the Commencement Date;
(l) Audit fees and the cost of accounting services incurred in the preparation of statements referred to in this Lease;
and
(m) A fee for the administration and management of the Building appropriate to the nature of the Building as
reasonably determined by the Landlord from time to time.
Costs of capital expenditures incurred for the purpose of reducing Operating Costs, and costs of improvements, repairs, or
replacements which otherwise constitute Operating Costs under this Article but which are properly charged to capital accounts, shall
be included in Operating Costs as amortized over their estimated useful lives, as determined by the Landlord in accordance with
generally accepted accounting principles, and only the annual amortization amount shall be included in Operating Costs.
7.6 Exclusions. Notwithstanding anything to the contrary in this Lease, in no event shall Tenant have any obligation to
perform or to pay directly, or to reimburse Landlord for, all or any portion of the following repairs, maintenance, improvements,
replacements, premiums, claims, losses, fees, charges, costs and expenses (collectively, “Costs”), nor shall any portion of the Tenant
Improvement allowance be applied to such costs:
(a) Amounts for which Landlord is reimbursed by other sources, such as insurance proceeds, equipment warranties,
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udgments or settlements;
(b) Ground rents;
(c) Payments on any mortgage or other encumbrance, or interest charges or fees incurred on debt;
(d) Construction of tenant improvements;
(e) Replacements (but not repairs) of structural elements;
(f) Costs of negotiating or enforcing leases of tenants;
(g) Leasing commissions and marketing expenses;
(h) General overhead and administrative expenses of Landlord not directly related to the operation of the Building;
and
(i) Costs occasioned by the violation of Law by Landlord, any other occupant of the Building, or their respective
agents, employees or contractors.
(j) Costs occasioned by fire, acts of God, or other casualties or by the exercise of the power of eminent domain.
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