Health Net 2009 Annual Report Download - page 378

7. USE OF THE PREMISES. Tenant agrees that it will use the Premises for general office purposes and other legally permitted
purposes in a manner consistent with the quality of the Project, and for no other business or purpose. The foregoing notwithstanding,
Tenant shall not permit the Premises or any part thereof to be used for (i) offices of any agency or bureau of the United States or any
state or political subdivision thereof, except to the extent required by any contracts or agreements Tenant may enter into requiring the
provision of space within the Premises for certain functions (e.g., audits of services provided); (ii) offices or agencies of any foreign
government or political subdivision thereof; (iii) offices of any health care professionals or service organization, except for
administrative offices where no diagnostic, treatment or laboratory services are performed or for health care counseling activities
performed via telephone or email; (iv) schools or other training facilities that are not ancillary to executive, professional or corporate
administrative office use; (v) retail or restaurant uses; (vi) broadcast studios or other broadcast production facilities, such as radio
and/or television stations; (vii) product display or demonstration facilities; (viii) offices at which deposits or bills are regularly paid in
person by customers; (ix) personnel agencies, except offices of executive search firms; (x) biological research or testing laboratories;
or (xi) the licensing or subleasing of space within the Premises to others as a primary business, including executive suite operations.
Tenant shall not during the Term commit or allow to be committed any waste upon the Premises, or any public or private nuisance in
or around the Project, allow any sale by auction upon the Premises, place any loads upon the floor, walls, or ceiling of the Premises
which will or may endanger the Building (except to the extent pre-approved by Landlord in writing), use any apparatus, machinery or
device in or about the Premises which will cause any substantial noise or vibration or in any manner damage the Building, place any
harmful liquids in the drainage system or in the soils surrounding the Project, or disturb or unreasonably interfere with other tenants
of the Project. If any of Tenant’s office machines or equipment unreasonably disturbs the quiet enjoyment of any other tenant in the
Building, then Tenant shall provide adequate insulation, or take such other action as may be necessary to eliminate the disturbance, all
at Tenant’s sole cost and expense. Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week
(subject to (i) all reasonable security measures as may be imposed by Landlord from time to time and as are generally applicable to
tenants of the Building and their invitees and (ii) restrictions on access imposed or recommended as a result of an emergency),
through a card key security access or equivalent system to be provided by Landlord as part of the “shell” Building improvements (as
detailed on Exhibit H). Landlord shall permit Tenant to install a card key security access system in the Premises that ties into the card
key security access or equivalent system for the Building (if compatible and coordinated with such card key security access or
equivalent system for the Building) as part of the Tenant Improvements (as defined in Section 8(a)) pursuant to the provisions of
Exhibit B.
8. IMPROVEMENT AND ACCEPTANCE OF PREMISES.
(a) Construction of Tenant Improvements. Landlord shall construct at its expense those improvements in the Premises
described in Exhibit B. Such improvements are referred to in this Lease as the “Tenant Improvements.”
(b) Acceptance of Premises by Tenant. The taking of possession of the Premises by Tenant shall be conclusive evidence
that Tenant accepts the same and the Tenant Improvements “as is” and that the Premises, the Project and the Building are suited
for the use
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