Health Net 2009 Annual Report Download - page 327

obligations under this Article 7 for the payment of Operating Costs during the Lease Term, including the payment of any deficiency
following receipt of the annual statement under Section 7.3, shall survive the expiration or termination of this Lease. If the mean level
of occupancy of the Building during a calendar year (including the Base Year) is less than 95% of the Rentable Area, the Operating
Costs shall be adjusted to reflect the fact that some costs, such as air conditioning and janitorial services, vary with level of occupancy
while other costs, such as real estate taxes, may not. In order to allocate those variable costs to occupied space while allocating non-
variable costs to occupied and unoccupied space alike, Landlord shall determine what total Operating Costs would have been had the
Building been at least 95% occupied during the entire calendar year on the average, and that adjusted total shall be the figure
employed in the statement and calculations described in Sections 7.1 and 7.3. If the mean level of occupancy exceeds 95%, no
adjustment shall be made.
7.5 “Operating Costs” consist of the actual cost of operating, maintaining and repairing the Building, including, without
limitation, the following:
(a) Real Estate Taxes and expenses incurred in efforts to reduce Real Estate Taxes;
(b) Premiums for property, casualty, liability, rent interruption or other insurance and losses to the degree falling
within a deductible amount;
(c) Salaries, wages and other amounts paid or payable for personnel including the Building manager, superintendent,
operation and maintenance staff, and other employees of Landlord directly involved in the maintenance and operation of the Building,
including contributions and premiums towards fringe benefits, unemployment and worker’s compensation insurance, pension plan
contributions and similar premiums and contributions and the total charges of any independent contractors or managers engaged in
the repair, care, maintenance and cleaning of any portion of the Building;
(d) Cleaning, including sweeping of parking areas;
(e) Policing and security;
(f) Landscaping, including irrigating, trimming, mowing, fertilizing, and seeding;
(g) Utilities, including fuel, gas, electricity, water, sewer, telephone, and other services;
(h) The cost of the rental of any equipment and the cost of supplies used in the maintenance and operation of the
Building;
(i) Maintaining, operating, repairing and replacing equipment;
(j) Other items of repair, maintenance or replacement for which Landlord is responsible under Article 12;
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