Health Net 2009 Annual Report Download - page 265

implemented by Landlord from time to time, including, without limitation, those required by the Department of Defense, the
Department of Homeland Security, NASA, and other governmental agencies having jurisdiction over the Facility (collectively,
the “Governmental Agencies”). Tenant specifically acknowledges that, pursuant to procedures mutually agreeable to Landlord
and Tenant, and until the security fence is moved and the Project is separated from the balance of the Facility, Tenant will
comply with security measures required by the Department of Defense, including random vehicles searches and the
implementation of an access badge system (in addition to Tenant’s own access badge system). Tenant shall cause Tenant Parties
and all other persons entering the Facility at the request or invitation of any of the Tenant Parties to cooperate with Landlord’s
security personnel.
Landlord will continue to work with Tenant, and the other tenants on the Facility to create a workable solution to security issues,
access issues, etc., so that Tenant’s access is reasonable and so that security measures do not present an undue burden for the
operation of Tenant’s business. Notwithstanding the foregoing provisions of this Section 5.4.2, if after the Commencement Date any
new or revised security measures are required by any Governmental Agency, and Tenant believes that any such implemented new or
revised security measures materially interfere with Tenant’s ability to conduct its business operations at the Premises, Tenant shall
promptly provide Landlord with a detailed written description of the alleged interference and any proposed solutions for resolving
same. Following receipt of such notice, Landlord shall immediately commence a cure to such interference and thereafter shall
diligently prosecute such cure to completion. If such interference is not cured within ninety (90) days following Landlord’s receipt of
written notice of same, Base Rent shall thereafter abate by Five Thousand Dollars ($5,000) per day until the interference is cured.
5.5 Limitations. Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the
Premises or from any portion of the Common Areas as a result of use thereof by Tenant or any subtenant or invitee, nor take any
action which would constitute a nuisance or would disturb, obstruct or endanger any other tenants or occupants of the Building or
elsewhere, or interfere with their use of their respective premises or Common Areas. Storage outside the Premises of materials,
vehicles or any other items is prohibited. Tenant shall not use or allow the Premises to be used for any immoral, improper or unlawful
purpose, nor shall Tenant cause or maintain or permit any nuisance in, on or about the Premises. Tenant shall not use the Premises in
any manner that will constitute waste, nuisance, or unreasonable annoyance (which includes excessive noise and/or vibration) to
owners or occupants of adjacent properties or to other tenants of the Building. Tenant shall not allow any sale by auction upon the
Premises, or place any loads upon the floors, walls or ceilings exceeding fifty (50) pounds per square foot dead load, twenty
(20) pounds per square foot for partitions and five (5) pounds per square foot for ductwork and piping, or place any harmful
substances in the drainage system of the Building. No Tenant waste, materials or refuse shall be dumped upon or permitted to remain
outside the Premises. Landlord shall not be responsible to Tenant for the non-compliance by any other tenant or occupant of the
Building with any of the above-referenced rules or any other terms or provisions of such tenant’s or occupant’s lease or other
contract; provided, however, in the event any non-compliance by any other tenant or occupant unreasonably and materially interferes
with Tenant’s use of its Premises, Landlord shall use its reasonable efforts to cause such other tenants and/or occupants to comply
with such rules, lease or other contract. Tenant shall not do or permit anything to be done in, on, under or about the Premises or bring
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