Health Net 2009 Annual Report Download - page 385

mechanic working in the Premises to provide lien waivers and liability insurance covering the Alterations to the Premises and to
require Tenant to secure, at Tenant’s sole cost and expense, completion and lien indemnity bonds satisfactory to Landlord,
and/or to require such other instruments as may be reasonably requested by Landlord. In addition to the foregoing, Tenant shall
provide Landlord with evidence that Tenant carries “Builder’s All Risk” insurance in an amount approved by Landlord covering
the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all
of such Alterations shall be insured by Tenant pursuant to Section 19(a) of this Lease immediately upon completion thereof.
Prior to the performance of any Alterations, Tenant shall allow Landlord to enter the Premises and post appropriate notices to
avoid liability to contractors or material suppliers for payment for any Alterations. All Alterations shall remain in and be
surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease, without disturbance,
molestation or injury, provided that Landlord may advise Tenant at the time Landlord approves any non-permanent Alteration
that Landlord shall require such non-permanent Alteration to be removed upon the expiration or earlier termination of this Lease
pursuant to the provisions of Section 39 (but subject to the last sentence of this Section 11(c)). In such event, all expenses to
restore said space to normal building standards shall be borne by Tenant. If Tenant fails to complete the removal and/or to repair
any damage caused by the removal of any Alterations which are required to be removed as provided above, Landlord may do so
and may charge the cost thereof to Tenant. If at the time of approval or consent (and only if such approval or consent is
required), Landlord fails to inform Tenant that such Alteration must be removed, then Tenant shall not be required to remove
such Alteration.
(d) Landlord’s Expenses; Administrative Fee. Tenant shall pay to Landlord, as additional rent, any reasonable and actual
out-of-pocket costs incurred by Landlord in connection with the review, approval and supervision of the Alterations and for any
additional Building services provided to Tenant or to the Premises in connection with any such alterations, additions or
improvements which are beyond the normal services provided to occupants of the Building. Tenant shall also pay to Landlord an
administration fee equal to three percent (3%) of the cost of the work to compensate Landlord for the administrative costs
incurred in the review, approval and supervision of the Alterations (other than the initial Tenant Improvements for the Premises
constructed pursuant to Exhibit B hereof). Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost
or expense incurred by Tenant on account of Tenant’s plans and specifications, Tenant’s contractors or subcontractors, or
Tenant’s design of any work, construction of any work or delay in completion of any work.
12. COMPLIANCE WITH LAWS AND INSURANCE STANDARDS. Tenant, at its sole cost and expense, shall promptly
comply with all local, state and federal laws, statutes, ordinances and governmental rules, regulations or requirements now in force or
which may hereinafter be in force with respect to the Premises, including, without limitation, the Americans with Disabilities Act, 42
U.S.C. § 12101 et seq. and any governmental regulations relating thereto, including any required Alterations for purposes of “public
accommodations” under such statute. Tenant shall not use or permit the Premises to be used in any manner nor do any act which
would increase the existing rate of insurance on the Project or cause the cancellation of any insurance policy covering the Project, nor
shall Tenant permit to be kept, used or sold, in or about the Premises, any article which may be prohibited by the standard form of fire
insurance policy, unless Tenant obtains an endorsement to the policy allowing such activity. Tenant’s
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