Health Net 2009 Annual Report Download - page 380

at an hourly rate equivalent to Landlord’s estimated actual cost of providing such service. Landlord shall also provide lighting
replacement for Landlord-furnished lighting, toilet room supplies, window washing with reasonable frequency, and hot and cold
water at those points of supply typically provided at Class “A” office projects in Marin County. Landlord shall not be liable to
Tenant for any loss or damage caused by or resulting from any variation, interruption or failure of said services due to any cause
whatsoever; and no temporary interruption or failure of such services shall be deemed an eviction of Tenant or relieve Tenant
from any of Tenant’s obligations hereunder, except to the extent expressly provided in Section 9(b).
(b) Interruption of Standard Services Due to Landlord’s Negligence. In the event that the Premises ceases to be habitable
for regular business use due to a continuous interruption in the standard services required to be provided by Landlord pursuant to
Section 9(a) above solely by the negligence or willful misconduct of Landlord, or Landlord’s employees, agents or contractors,
and Tenant in fact ceases to use the Premises by reason of such interruption, then Tenant shall be entitled to an abatement in
Basic Rent due under this Lease. Abatement shall commence upon the sixth (6th) day after the latter to occur of (i) written
notice of such interruption from Tenant to Landlord, or (ii) cessation of use by Tenant by reason of such interruption, and shall
continue until such interruption has been terminated. The foregoing notwithstanding, there shall be no such abatement except to
the extent that the amount thereof is compensated for and recoverable from the proceeds of rental loss insurance maintained or
required to be maintained by Landlord with respect to this Lease, the Premises or the Project. Anything in this Section 9(b) to
the contrary notwithstanding, the entitlement of Tenant, if any, to an abatement of the rent or any part thereof due hereunder
following damage to or destruction of the Premises or the Project shall be governed by the provisions of Section 21 and not by
the provisions of this Section 9(b).
(c) Overstandard Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines (other than
standard commercial office kitchen appliances), machines other than normal office machines, or equipment or lighting other
than the Building standard lights located in the Premises, which may affect the temperature otherwise maintained by the air
conditioning system or increase the water normally furnished for the Premises by Landlord. If such consent is given, Landlord
shall have the right to install supplementary air conditioning units or other facilities in the Premises, including supplementary or
additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear
and tear on existing equipment and other similar charges, together with an administrative fee in the amount set forth in
Section 11(d), shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water or electricity in excess of that
supplied by Landlord pursuant to Section 9(a) above, Tenant shall pay to Landlord, upon billing, the cost of such excess
consumption, the cost of the installation, operation and maintenance of equipment which is installed in order to supply such
excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and
Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly
to Landlord, on demand, including the cost of such additional metering devices (including installment costs).
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