Health Net 2009 Annual Report Download - page 365

(D) “Buildings” means, collectively, the Building and the other building on the Project.
(E) “Project” means the land, together with the Buildings and other improvements now or in the future constructed
thereon, known as 2350 and 2370 Kerner Blvd, San Rafael, California.
(ii) The Rentable Area of the Premises, the Building and the Project shall be determined by Landlord’s architect. Upon the
completion of such determination, Landlord shall notify Tenant of the correct Rentable Areas of each of them, and, if the
Premises are determined to contain more or less than Sixty-Two Thousand Six Hundred Forty-Seven (62,647) square feet of
Rentable Area, Landlord and Tenant shall promptly thereafter execute an amendment to this Lease proportionately adjusting all
amounts and percentages appearing or referred to in this Lease based upon Rentable Area (including, without limitation, the
amounts of Basic Rent and Tenant’s Proportionate Share of Operating Expenses); provided, however, that in no event will such
measurement result in an increase to Tenant in Basic Rent or Tenant’s Proportionate Share of Operating Expenses of more than
five percent (5%).
(iii) In the event that Tenant elects to cause its architect also to measure the Rentable Area of the Premises, it shall do so
from the Building Plans within thirty (30) days of the receipt by Tenant of such Building Plans from Landlord, and if the results
of such measurement vary by more than two percent (2%) from the amount determined by Landlord’s architect, Tenant shall so
notify Landlord. Landlord shall then select another architect, who shall be subject to the reasonable approval of Tenant, and
Landlord and Tenant shall together request that such other architect determine the Rentable Area of the Buildings and the
Premises from the plans, which determination shall be binding on Landlord and Tenant. The costs of such determination shall be
paid by Landlord and Tenant in equal shares.
2. TERM.
(a) Initial Term. Except as otherwise provided herein, the term of this Lease shall be the Initial Term as set forth in the
Basic Lease Information (“Initial Term”), commencing as of the first to occur of the Commencement Dates set forth in the
Basic Lease Information (each such commencement date a “Commencement Date”). The Initial Term shall end as of the Term
Expiration Date as set forth in the Basic Lease Information (the “Term Expiration Date”). The Initial Term, together with any
extension term as to which a right has been properly exercised or as to which Landlord and Tenant have otherwise agreed in
writing, shall be referred to as the “Term.”
(b) Confirmation of Lease Term. When the Commencement Dates and the Term Expiration Date have been ascertained,
the parties shall promptly complete and execute an acknowledgement of the Commencement Dates and the Term Expiration
Date using a Notice of Lease Term Dates in the form of Exhibit E attached hereto.
(c) Early Access. Landlord shall provide Tenant and its representatives access to the Building, the North Wing, Second
Floor South Wing and Third Floor South Wing reasonably following the date upon which Landlord executes a countersigned
original of this Lease. Such access shall be utilized by Tenant for the sole purpose of installing its
2