Health Net 2009 Annual Report Download - page 292

which that party may have given notice under the provisions of this Section. Any notice, demand, approval, consent, or other
communication given by (a) mail shall be deemed to have been given two (2) business days after it is deposited in the United States
mail, first class and postage prepaid; (b) overnight common carrier courier service shall be deemed to be given on the business day
(not including Saturday) immediately following the date it was deposited with such common carrier; (c) delivery in person or by
messenger shall be deemed to have been given upon delivery in person or by messenger; or (d) electronic facsimile shall be deemed
to have been given on the date of transmission of the entire communication, provided that (i) such transmission occurs during
8:00a.m. and 5.p.m., Pacific Time, on normal business days, and (ii) the sending party sends a hard copy of the original transmitted
document(s) not later than the second (2nd) business day following such transmission, by one of the methods described in subsections
(a), (b) or (c) above.
Landlord reserves the absolute right to effect such other tenancies in the Building as Landlord, in the exercise of its sole business
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udgment, shall determine to best promote the interests of the Building. Tenant does not rely on the fact, nor does Landlord represent,
that any specific tenant or number of tenants shall during the Term of this Lease occupy any space in the Building.
28.1 Option Right. If Tenant prior to the Exercise Date (as defined below) enters into a new TRICARE contract (the
“Government Contract” ), Tenant shall have one (1) option (the “Renewal Option”) to renew the initial Term with respect to all or
a portion of the Premises following the Expiration Date of the initial Term for one (1) additional term (the “Renewal Term”), which
Renewal Term shall expire upon the earlier of (i) the scheduled expiration of the Government Contract, or (ii) the date that is five
(5) years following the expiration of the initial Term of this Lease. Notwithstanding the foregoing, Tenant shall not be entitled to
renew this Lease with respect to less than two hundred thousand (200,000) square feet of rentable area, and any reduction in the
rentable area of the Premises shall occur with respect to certain portions of the Premises located in Building 2019, and the reduction
space shall be of a configuration (including windows and entrances) that can be re-leased or otherwise re-used by Landlord, as
reasonably approved by Landlord. The Renewal Term shall be on the same terms, covenants and conditions of this Lease; provided,
however, the Base Rent payable by Tenant during the Renewal Term shall be the then fair market rental value of the Premises
(“FMRV”, as hereinafter defined) for similarly situated space.
28.2 Exercise. The Renewal Option, if exercised by Tenant, must be accomplished by written notice from Tenant to Landlord
(the “Renewal Notice”) at least two hundred forty (240) days prior to the expiration of the initial Term (the “Exercise Date”). Should
Tenant fail to provide Landlord with the Renewal Notice on or before the Exercise Date, Tenant shall be deemed to have elected not
to exercise the Renewal Option, and this Lease shall expire in accordance with its terms. Notwithstanding, the foregoing, if Tenant
has been in default (beyond applicable notice and cure periods) two or more times during the initial Term, or is in default (beyond
applicable notice and cure periods) on the date that the Renewal Notice is given to Landlord, and/or on the expiration of the initial
term of this Lease, then the Renewal Option shall be void at the election of Landlord.
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27. OTHER TENANCIES.
28. RENEWAL OPTION.