Health Net 2009 Annual Report Download - page 425

of using the Building freight elevator and loading docks, or the cost of utilities or temporary heating, ventilating and air
conditioning provided by Landlord to the Expansion Premises during such early access or entry period), including, without
limitation, obligations pertaining to insurance, indemnity, compliance with laws and Hazardous Materials. Subject to the
provisions of Sections 23 and 24 of the Lease, Tenant acknowledges and agrees that Landlord shall not be liable to Tenant or
any Tenant Party for any injury, loss or damage to person or property which may occur in connection with such entry, the same
being at Tenant’s or any such Tenant Party’s sole risk and liability.
5. RENTABLE AREA OF PREMISES FOLLOWING EXPANSION.
(a) Effective as the North Wing Commencement Date and continuing to and including the day immediately precedent the
Expansion Premises Commencement Date, the Rentable Area of the Premises shall, as provided in Section 3 above, be
approximately Fifty-Nine Thousand Seven Hundred Fifty (59,750) square feet of Rentable Area.
(b) Effective as of the Expansion Premises Commencement Date, Section 1(c)(i)(A) of the Lease shall be amended in its
entirety to provide as follows:
“ ‘Rentable Area’ of the Premises shall be the product of: (x) the ‘usable area’ of the Premises, as calculated pursuant to
the Standard Method for Measuring Floor Area in Office Buildings, [ANSI Z65.1 – 1996] (‘BOMA Standard’), taking into
consideration that Tenant is leasing the entire Second (2 ) and Third (3 ) Floors of the Building; multiplied by (y) one
hundred twelve percent (112%).”
(c) Effective as of the Expansion Premises Commencement Date, Section 1(c)(i)(B) of the Lease shall be amended in its
entirety to provide as follows:
“ ‘Rentable Area’ of the Project shall be the product of: (x) the aggregate ‘usable area’ of the Project, as designed and as
calculated pursuant to the BOMA Standard taking into consideration that Tenant is leasing the entire Second (2 ) and
Third (3 ) Floors of the Building; multiplied by (y) one hundred twelve percent (112%).”
(d) Landlord and Tenant acknowledge and agree that the definition of “Rentable Area” is being modified as provided in
Sections 5(b) and 5(c) above in order to reflect that Tenant will be leasing the entire Second (2 ) and Third (3 ) Floors of the
Building as of the Expansion Premises Commencement Date. In accordance with the foregoing, effective as of the Expansion
Premises Commencement Date, the Rentable Area of the Premises shall for all purposes under the Lease be as follows:
(i) as to the North Wing, approximately Twenty-Two Thousand Five Hundred Twenty-Seven (22,527) square feet of
Rentable Area;
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