Health Net 2009 Annual Report Download - page 335

Landlord also shall not be liable or responsible for damage or inconvenience arising from interruption of utility services, regardless of
cause, including without limitation quarterly interruptions in power supply to the Building related to testing of the Building’s
uninterrupted power system (“UPS”) equipment. Tenant shall be provided advance notice of scheduled interruptions. Unless
specifically otherwise provided in this Lease, Tenant shall not be connected to or be protected by the UPS. Notwithstanding anything
to the contrary contained in this Lease, should Landlord fail to supply the services or perform its obligations required under this Lease
and such failure shall cause all or part of the Premises to be untenantable for the normal operation of Tenant’s business for ten
consecutive business days, then Tenant’s rent with respect to the portion of the Premises so rendered untenantable will be equitably
abated for each day after the ten business day period during which the Premises continue to be so untenantable such that Tenant
cannot operate its business in a commercially reasonable manner.
12.6 Access. Landlord at all times shall have access to the Premises for purposes of inspection and performing Landlord’s
repair, maintenance and janitorial obligations and exercising its rights under this Lease. Upon reasonable notice to Tenant, Landlord
shall have access to the Premises for purposes of showing the Premises to current or prospective lenders, to prospective purchasers of
the Building, and, during the nine-month period preceding the expiration of the term of this Lease, to prospective tenants. Landlord
and Landlord’s agents, except in the case of emergency, shall provide Tenant with reasonable prior notice prior to entry of the
Premises for purposes other than routine inspections, repairs, and cleaning. Any such entry by Landlord and Landlord’s agents shall
comply with all reasonable security measures of Tenant and shall not impair Tenant’s operations more than reasonably necessary.
During any such entry, Landlord and Landlord’s agents shall at all times be accompanied by Tenant if Tenant provides an escort.
12.7 Food Service; Day Care; Exercise Facility. So long as the Building and the building located at 1500 North Priest
Drive (the “1500 Building”) remain under common ownership and the owner of the 1500 Building continues to keep the facilities in
operation, Tenant shall have access, for the use by its employees on the Premises, to: (a) child day care services in the day care
facility located in the Complex (on a waiting list basis to the extent that demand exceeds available capacity) on the same basis as
Landlord’s employees; and (b) the food service facility located in the 1500 Building on the same basis as Landlord’s employees; and
(c) an exercise facility in the 1500 Building on the same basis as Landlord’s employees. If both the food service facility and the
exercise facility are closed or otherwise not made available to Tenant on the foregoing terms, then during any period of non-
availability of the food service facility and exercise facility the amount of the Base Rent under this Lease shall be reduced by 500 per
square foot of Rentable Area per year. Use of the exercise facility may be made subject to reasonable conditions, including attendance
at a training class and receipt of written approval from the employee’s physician. The initial monthly charge for such usage by an
employee shall be $25.00 per month. The amount of the monthly charge may be changed in the future so long as the same charge E
applicable to all persons working in the Building who have access to the exercise facility.
12.8 Limited Self-Help Remedy. If: (a) a condition within the Premises that is the responsibility of Landlord under
Sections 12.1, 12.2(a) or 12.4 is not corrected within the applicable period set forth in Section 12.4, and (b) the correction of the
condition will not
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