Health Net 2009 Annual Report Download - page 272

intentional acts or omissions of Landlord or its agents or employees” to the extent that such impairment results from an intentional act
or a negligent act or omission of Landlord or its agents or employees (including, but not limited to, the failure to maintain the
Premises or the Building pursuant to this Section 7.2 or to provide the services required under Section 9.1 below); and (iii) an
impairment shall be deemed to be “substantial” if more than twenty-five percent (25%) of the Premises becomes untenantable or
unusable under the foregoing standards and Tenant does not use such portion of the Premises. In addition, if Landlord fails to
undertake and complete all necessary maintenance or repairs as required under this Lease then thirty (30) days after written request
(or such longer period as is necessary if the repair cannot be reasonably completed within the thirty (30) day period and Landlord
promptly commences and is diligently pursuing completion of such repair), Tenant shall have the right, to undertake and complete
such maintenance or repairs at Landlord’s cost and expense. In addition, in the event such a failure results in a material interference
with Tenant’s operation of its business, and Landlord does not immediately, after written notice from Tenant, commence, and with all
due diligence, continue the cure of such failure, including taking any immediate steps necessary to lessen the impact on Tenant’s
business, Tenant shall have the right to undertake and complete such maintenance or repairs at Landlord’s cost and expense. Landlord
shall be responsible for payment of all reasonable costs and expenses incurred by Tenant in connection with the exercise of its rights
under this Section. Landlord shall have thirty (30) days from receipt of said invoice(s) and reasonable supporting documentation for
such costs to make payment in full. In the event Landlord fails to tender full payment within said thirty (30) day period, Tenant may
thereafter begin to offset all Rent due under this Lease until the entire cost has been recovered.
8.1 Tenant shall keep the Premises and the Land free from any liens arising out of any work performed, materials furnished, or
obligations incurred by Tenant. Landlord may, at its election, and upon 10 days’ written notice to Tenant, remove any liens, in which
case Tenant shall pay to Landlord the cost of removing the lien, including reasonable attorneys’ fees. Landlord shall have the right at
all times to post on the Premises any notices permitted or required by law for the protection of Landlord, the Premises, the Building or
the Land from mechanics’ and materialmen’s liens. To the extent a lien arises out of any work performed, materials furnished, or
obligations incurred by Tenant, Tenant shall have thirty (30) days to remove such lien, or provide a bond to Landlord in an amount
sufficient to satisfy the lien.
9.1 To Be Furnished by Landlord. Landlord shall operate the Building to a standard or quality consistent with that of other
office projects in the Rancho Cordova area and shall, at Landlord’s sole cost, (i) provide janitorial service to the Premises on a five
day a week basis (excepting the holidays described in the Basic Lease Information), (ii) supply public restroom supplies, public area
lamp replacement, window washing (two times per year), and janitor services to the Common Areas during the time and in the
manner that such janitor services are customarily furnished in office buildings in the area, (iii) replace Building standard lamps,
starters and ballasts (all nonstandard lighting within the Premises shall be the responsibility of Tenant). Landlord agrees to furnish to
the Premises, subject to the conditions and in accordance with the standards set forth in this Lease, adequate quantities of electric
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8. LIENS.
9. UTILITIES AND SERVICES.