Health Net 2009 Annual Report Download - page 268

5.7.1.2 As of the Lease Date, Landlord has no information indicating that the Building ever had any industrial activity
conducted on it or that there is any soil contamination or groundwater contamination under the Building, except as
identified on Exhibit F attached hereto.
5.7.1.3 The Partial Consent Decree also requires Landlord to notify the government before any possessory interest in
any land at the Project is granted. Landlord provided such notice on August 9, 1995 regarding the original lease of
Building number 2025.
5.7.2 Landlord’s Indemnification of Tenant. Landlord shall indemnify, defend, protect and hold Tenant harmless from
and against any and all claims, liabilities, losses, costs, loss of rents, liens, damages, injuries or expenses (including attorneys’
and consultants’ fees and court costs) (“Liability Claim”) which any third person asserts against Tenant and is based solely on
and arises solely out of any Hazardous Materials contamination of the Premises and its immediate surrounding area to the extent
caused by Landlord, subject to each of the following conditions:
5.7.2.1 Tenant promptly gives Landlord written notice of any Liability Claim and delivers to Landlord a copy of each
document or other writing which Tenant receives in connection therewith;
5.7.2.2 Tenant, at its own expense, cooperates with Landlord in every reasonable way in connection with the defense
of each Liability Claim;
5.7.2.3 Landlord, at its option, may control the defense of each Liability Claim, select lawyers to defend each
Liability Claim, and compromise and settle each Liability Claim; and
5.7.2.4 Tenant gives Landlord notice of the Liability Claim within one (1) year after the expiration or earlier
termination of this Lease.
Tenant’s obligations pursuant to the foregoing indemnity shall survive the expiration or earlier termination of this Lease.
6.1 Utility Installations. As used in this Lease the term “Utility Installation” shall mean any carpeting, window coverings,
power panels, electrical distribution systems, security systems, Cabling, fire protection and detection systems, lighting fixtures, space
heaters, heating, air conditioning, plumbing and interior partitions, in, on or about the Premises. The term “Cabling” shall mean any
of the following which are located in the Premises or which exclusively serves the Premises: communications systems, including
voice/data cabling, telecommunications, computer cabling and wiring.
6.2 Alterations. Tenant shall not make or suffer to be made any Utility Installations, structural or non-structural alterations,
additions, or improvements (collectively, “Alterations”) to or of the Premises, or any part thereof, without first obtaining the written
consent of Landlord, which may be withheld in Landlord’s sole and absolute discretion with respect to structural Alterations, but
which shall not be unreasonably withheld or delayed with respect to non-structural Alterations; provided, however, if the Alterations
would adversely affect the structure
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6. UTILITY INSTALLATIONS ALTERATIONS AND ADDITIONS.