Health Net 2009 Annual Report Download - page 354

5. Operating Costs. With regard to the Third Expansion Space, Tenant shall pay its Operating Costs as provided in Section 7 of
the Lease, however, the Base Year for the computation for Operating Costs for the Third Expansion Space will be 2006, computed at
95% occupancy as provided in Section 7.4 of the Lease. Tenant’s Proportionate Share of the Building for the purposes of determining
Tenant’s share of Operating Costs for the Third Expansion Space shall be 2.48%. Tenant shall continue to pay Operating Costs for the
remainder of the Premises according to the Lease and Amendment.
6. Parking. Tenant shall be provided parking for the Third Expansion Space based upon a ratio of 4.5 spaces per 1,000 rentable
square feet. Tenant shall also be provided 12 covered, reserved garage spaces at the cost of $45.00 per space per month, 24 covered,
unreserved garage spaces, at the cost of $35.00 per month, and 12 uncovered, unreserved rooftop spaces at no charge. All parking
charges shall be abated for the first six months of the Lease Term, and thereafter charges shall commence and be paid as set forth
herein.
7. Building Hours and HVAC. Building hours and charges for HVAC usage shall be as provided in Section 12.3 of the Lease.
8. Tenant Improvements. Landlord shall provide Tenant with a Tenant Improvement allowance of $30.00 per usable square
foot. The construction of Tenant Improvements shall be as provided in Exhibit “B” attached to this Third Amendment.
9. Option to Extend Term. Tenant shall have the option to extend the Term as to the Third Expansion Space as provided in
Section 2.6 of the Lease.
10. Option to Terminate. Tenant shall have the right to terminate the Lease as to the Third Expansion Space, as provided in
Section 2.7 of the Lease. The cost for exercising the Option to Terminate as to the Third Expansion Space shall be three (3) months or
the Base Rent in effect at the time of termination, plus the total of the unamortized costs of Tenant Improvements, leasing
commissions and free rent paid or provided with respect to this Third Amendment to Lease and the Third Expansion Space at the rate
of 8% per annum.
11. No Other Modifications. Except as specifically set forth herein, the Lease, First Amendment to Lease and Second
Amendment to Lease remain in full force and effect, governing the rights and relationships of the parties under the Lease. Only in the
event of any conflict between this Third Amendment and the Lease or First and Second Amendment, shall this Third Amendment
control.
12. Brokers. Tenant represents and warrants that it has dealt only with Cushman & Wakefield in connection with the
negotiation of this Lease, and Tenant shall indemnify and hold Landlord harmless from the claims of any other brokers for any
commission in bringing buyer through Tenant hereunder.
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