Health Net 2009 Annual Report Download - page 379

intended by Tenant and were in good and satisfactory condition at the time such possession was taken, except as provided in
Exhibit B and Landlord’s maintenance and repair obligations under this Lease. Landlord and Tenant shall inspect the Premises
after the improvements to be constructed in the Premises by Landlord are Substantially Complete, as that term is defined in
Exhibit B, and shall together prepare a punchlist, as provided in Exhibit B.
(c) Suitability of Premises. Landlord shall have no obligation whatsoever to construct leasehold improvements for Tenant
or to repair or refurbish the Premises, except as specifically set forth in Section 9(a) or Exhibit B. Landlord or Landlord’s agents
have made no representations or promises with respect to the Project, the Building, the Premises or this Lease except as
expressly set forth herein. Tenant represents and warrants to Landlord that its sole intended use of the Premises is for office use
which has no special requirements, including but not limited to, special security requirements, that it does not intend to use the
Premises for any other purpose, and that prior to executing this Lease it has made such investigations as it deems appropriate
with respect to the suitability of the Premises for its intended use and has determined that the Premises is suitable for such
intended use.
9. SERVICES.
(a) Standard Services. Landlord shall maintain the public and Common Areas of the Project and the Building, such as
lobbies, stairs, corridors and restrooms, in first-class order and condition (i.e., similar to other similar Class A commercial office
projects in the San Rafael area) except for damage or repair occasioned by the acts or omissions of Tenant Parties (as defined in
Section 25(c)), which shall be repaired by Tenant at, subject to the provisions of Section 20, Tenant’s sole cost and expense.
Landlord shall provide five (5) day per week standard janitorial services to the Premises. Tenant may provide its own “day
porter” services to the Premises at Tenant’s sole cost and expense, the service provider and the extent and particulars of service
of which shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld,
conditioned or delayed. Landlord shall furnish the Premises with electricity for lighting and operation of low power usage office
machines. Landlord shall provide access to and use of not less than two (2) passenger elevators in the Building at all times,
subject to curtailment or cessation due to the effects of applicable laws, ordinances, rules and regulations, the effects of
emergencies, any interruption of utility services, or the effects of mechanical breakdowns or any damage to, or destruction of,
the Building or Building systems. Landlord shall furnish the Premises with heating or normal office air conditioning by means
of the Building’s general heating and air-conditioning system between the hours of 8:00 a.m. and 6:00 p.m., Monday through
Friday and on an as needed basis on Saturdays from 8:00 a.m. to 2:00 p.m. (all except for legal holidays). Air conditioning or
ventilation units, equipment and systems (including electricity therefor) exclusively serving or to be exclusively serving the
Premises, such as for any computer centers, shall if desired by Tenant be (subject to the provisions of Section 11) provided by
Tenant at Tenant’s sole cost and expense. Such air conditioning or ventilation units, equipment, and electricity may (subject to
the provisions of Section 11) be tied into the Building’s general heating and air-conditioning system and electrical system, and
the use thereof may be separately metered at Landlord’s option (with all costs of the installation of separate or additional
metering devices being separately chargeable to and paid by Tenant). After-hours heating or normal office air conditioning by
means of the Building’s general heating and air-conditioning system shall be at Tenant’s expense
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