Health Net 2009 Annual Report Download - page 273

current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes (hot and prevailing
temperature), and heat and air conditioning (“HVAC”) required for the comfortable use and occupation of the Premises. Tenant
agrees that Landlord may impose a reasonable charge for the use of any additional or unusual janitorial services required by Tenant’s
use of the Premises for other than the Permitted Use. Landlord shall not be obligated to service, maintain, repair or replace any system
or improvement in the Premises that has been installed by Tenant or at the direction of Tenant or at Tenant’s expense, or which is a
specialized improvement requiring additional or extraordinary maintenance or repair (by way of example only, if the standard
premises in the Building contain fluorescent light fixtures, Landlord’s obligation shall be limited to the replacement of fluorescent
light tubes, irrespective of any incandescent fixtures that may have been installed in the Premises at Tenant’s expense). Landlord shall
not be liable for, and, except as otherwise expressly set forth in this Lease, Tenant shall not be entitled to, any abatement or reduction
of Rent by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs,
strikes, lockouts or other labor disturbances or labor disputes of any character or for any other causes; provided, however, Landlord
shall use its reasonable efforts to cause such services to be restored as soon as possible. Tenant hereby waives the provisions of
California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting
the termination of this Lease due to the interruption or failure of any services to be provided under this Lease.
9.2 Tenant Obligations.
9.2.1 Cost of Utilities. Tenant shall pay Landlord, within thirty (30) days after receiving an invoice therefor, Tenant’s pro-
rata share of the cost of all utilities serving the Building, including, electrical and gas (including as necessary to provide power
for the HVAC systems), water, sewer, and garbage services. Landlord and Tenant acknowledge that the electrical and gas
service to the Premises is separately sub-metered from the balance of the Facility.
9.2.2 HVAC Modifications. If the temperature otherwise maintained in any portion of the Premises by the HVAC systems
of the Building is affected by reason of any lights, machines or equipment used in the Premises in excess of the utilities provided
to the Premises, or by the occupancy of the Premises by more persons than are contemplated by the design criteria of the HVAC
systems, then Landlord shall have the right to install machines or equipment that Landlord reasonably deems necessary to
restore temperature balance, including modifications to the standard air-conditioning equipment and electrical systems serving
the Premises. The cost of any such equipment and modifications, including the cost of installation and any additional cost of
operation and maintenance of the same, shall be paid by Tenant to Landlord upon demand.
9.2.3 Restrictions Regarding Connections. Tenant shall not, without the prior consent of Landlord, connect to the utility
systems of the Building any apparatus, machinery or other equipment except typical office machines and devices, including but
not limited to: electric typewriters, word processors, and office-size photocopiers, computers, and servers. Nor shall Tenant,
without the prior written consent of Landlord, connect to any electrical circuit in the Premises any apparatus or equipment with
power requirements that exceed the designed electrical capacity of the Premises. Tenant shall not, without the prior consent of
Landlord,
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