Health Net 2009 Annual Report Download - page 334

their respective agents, employees or contractors, (ii) occasioned by fire, acts of God or other casualty or by the exercise of the power
of eminent domain, (iii) required as a consequence of any violation of Law or construction defect in the Premises or the Building as o
f
the Commencement Date, (iv) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the
Premises or the Building, and (v) to any portion of the Building outside of the demising walls of the Premises. Tenant’s obligation, if
any, to reimburse Landlord for the costs of such repairs, maintenance and improvements shall be governed by the other provisions of
this Lease.
12.2 Building Services. Landlord shall provide the following services to Tenant:
(a) Janitorial services to the Premises and to Common Areas five nights per week, including. light bulb replacements
for Building Standard lights and Common Area restroom supplies;
(b) elevator service by means of the Building’s elevators; and
(c) heating, ventilation, and air conditioning to the Premises appropriate to a first class office building.
12.3 Utilities and After-Hours Charges. Landlord shall supply to the Premises electrical power for lighting and for the
operation of normal office equipment. Landlord shall supply water and sewer services for any plumbing facilities in the Premises and
Common Area restrooms. Tenant shall pay to Landlord within thirty days after receipt of invoice: (a) for heating, ventilation and air
conditioning requested by Tenant to be provided to the Premises outside of normal business hours (8:00 a.m. to 6:00 p.m., Monday
through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, legal holidays excepted) at Landlord’s standard hourly rates, which shall be
subject to reasonable and proportional adjustment for changes in electrical power rates, and (b) for electrical power used by Tenant in
excess of normal office demand. Current hourly rates for after-hours heating, ventilation and air conditioning is $6.00 per heat pump
unit per hour. If Tenant operates any facility, such as a computer room, that requires electrical power in excess of normal office
demand or that requires cooling after normal business hours, Landlord may require such facilities to be separately metered or
submetered to Tenant at Tenant’s expense. All utilities provided to the Premises other than those describe above, including
communications services, shall be arranged directly by Tenant with the utility supplier, including the posting of any required deposits,
and paid directly to the utility supplier when due.
12.4 Building and Common Area Maintenance. Landlord shall perform all repairs, maintenance and replacements to the
Building (including roof, structural elements, doors, plate glass, heating, air conditioning, ventilation, electrical and plumbing systems
serving the Building, and exterior window washing), and keep all Common Areas in good condition and repair in accordance with
standards then prevailing for comparable properties of like age and character.
12.5 Interruptions. Landlord shall not be liable or responsible for breakdowns or temporary interruptions in access,
services, or utilities, nor for interference with Tenant’s business or Tenant’s access to the Premises during the course of repairs or
remedial work.
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