Health Net 2009 Annual Report Download - page 350

Exhibit 10.95
SECOND AMENDMENT TO OFFICE LEASE
This Second Amendment, dated as of May 31, 2004, amends the Office Lease dated July 24, 2003, and the First Amendment to
Office Lease dated December 1, 2003 between TOSCO OPERATING COMPANY, INC., a Delaware corporation (“Landlord”),
and HEALTH NET OF ARIZONA, INC., an Arizona corporation (“Tenant”).
1. Terms. All capitalized terms in this Second Amendment have the same meanings as set forth in the Lease.
2. Commencement Date. Landlord and Tenant hereby confirm that the Commencement Date of the Lease was November 24,
2003 and that all Tenant Improvements to be constructed by Landlord under the original Lease were satisfactorily completed.
3. Second Expansion Space. Effective as of August 15, 2004 (the “Second Expansion Date”), regardless of whether the Tenant
Improvements for the “Second Expansion Space” (as defined below) have been completed, there shall be added to and incorporated
into the Premises for all purposes for the balance of the Lease Term (as the Term may be extended) the Second Expansion Space,
consisting of approximately 3,090 square feet of Rentable Area (2,734 square feet of Usable Area) on the third floor of the Building
as shown on the attached Exhibit A, for a total Rentable Area for the Premises of 41,561 square feet.
4. Base Rent. The table contained in Section 1.5 of the Lease is amended to read as follows and the paragraph following the
table in that Section is deleted:
1
Period
Base
Rent Per
Rentable
S
q
. Ft.
Original
Lease
Monthly Base
Rent Pa
y
ment
First
Amendment
Monthly Base
Rent Pa
y
ment
Second
Amendment
Monthly Base
Rent Pa
y
ment
Annual Base
Ren
t
Total Monthly
Base Rent
Pa
y
men
t
November 24, 2003 – March 31, 2004 $7.50 $21,053.13 $0.00 $0.00 $252,637.50 $21,053.13
April 2004
$21,053.13 $ 1,495.63 $0.00 $ 22,548.76(a)
May 2004 $29,293.27 $4,162.02 $0.00 $33,455.29(b)
June 1, 2004 – July 31, 2004
$57,545.21 $ 8,176.08 $0.00 $788,655.50 $ 65,721.29
August 2004 $57,545.21 $8,176.08 $2,639.38 $68,360.67(c)
September 1, 2004 – May 31, 2005
$20.50 $57,545.21 $ 8,176.08 $ 5,278.75 $852,000.50 $ 71,000.04
June 1, 2005 – May 31, 2006 $21.00 $58,948.75 $8,375.50 $5,407.50 $872,781.00 $72,731.75
June 1, 2006 – May 31, 2007
$21.50 $60,352.29 $ 8,574.92 $ 5,536.25 $893,561.50 $ 74,463.46