Health Net 2009 Annual Report Download - page 371

(b) Lease Month. The term “Lease Month” shall mean a period commencing as of a particular date and continuing to and
including the day immediately preceding the same day of the next calendar month (or, if the next calendar month does not
contain such a same day due to being shorter in duration, then continuing to and including the last day of such next calendar
month). The First (1st) Lease Month shall commence as of the last to occur of the North Wing Commencement Date, Second
Floor South Wing Commencement Date or Third Floor South Wing Commencement Date, and successive Lease Months shall
be consecutively numbered.
(c) Method of Payment. Basic Rent with respect to the North Wing, Second Floor South Wing and Third Floor South Wing
shall be payable monthly during the Term, commencing as to each such portion of the Premises as of the Commencement Date
for such portion of the Premises as provided in the foregoing provisions of this Section 4. Each monthly installment of Basic
Rent shall be payable in advance on the first day of each calendar month during the Term, except that the First (1st) Lease
Month’s installment shall be paid within fifteen (15) days of full execution hereof. If the rate at which Basic Rent is payable
under this Lease changes on a day other than the first day of a calendar month, then the Basic Rent for such calendar month shall
be prorated on a daily basis to take such change into account, and any additional amount due as a result of such proration shall
be paid on the first day of the calendar month for which the proration occurs. In addition to the Basic Rent, Tenant agrees to pay
as additional rent the amount of additional rent and rent adjustments and other charges required by this Lease. All rent shall be
paid to Landlord, without prior demand and without any deduction or offset (except as otherwise specifically provided in this
Lease or under applicable law), in lawful money of the United States of America, at the address of Landlord designated in
Section 36 below or to such other person or at such other place as Landlord may from time to time designate in writing. Except
as otherwise provided in this Lease, in the event of a remeasurement or adjustment of the area of the Premises, the Basic Rent
shall be recalculated using the Basic Rent rates set forth in this Section 4 (“Basic Rental Rates”).
5. ADDITIONAL RENT. In addition to the Basic Rent provided in Section 4 of this Lease, Tenant shall pay Tenant’s
Proportionate Share as specified in the Basic Lease Information (“Tenant’s Proportionate Share”), of the increase in Actual
Operating Expenses for each Operating Year over the Base Amount (as such terms are defined below). Tenant’s Proportionate Share
may change based on remeasurement or adjustment of the area of the Project or the Premises as described in Section 1(c). In addition,
whenever additional space is added to the Premises, Tenant’s Proportionate Share shall increase accordingly.
(a) Estimated Operating Expenses. Within ninety (90) days after the close of each Operating Year during the Term,
Landlord shall furnish Tenant a written statement of the “Estimated Operating Expenses” for the then current Operating Year,
and a corresponding calculation of additional rent, which shall be one-twelfth (1/12) of Tenant’s Proportionate Share of the
amount, if any, by which the Estimated Operating Expenses exceed the Base Amount.
8
37-48 $3.22
49-60
$3.32
61-72 $3.42
73-84
$3.52