Health Net 2009 Annual Report Download - page 387

(b) Subject to the remaining provisions hereof, Landlord shall use commercially reasonable efforts to provide Tenant an
additional fifty (50) unreserved vehicle parking privileges, or such lesser amount that Landlord is able to actually provide (the
“Additional Parking Privileges”), at the Project or (to the extent not available at the Project) at the lot adjacent to the Project
(the “Lot”) which is owned or controlled by Landlord as of the date of this Lease. Landlord and Tenant acknowledge that the
Lot is leased to or occupied by a third party as of the date of this Lease, and is not improved or zoned for parking in accordance
with applicable law. To the extent that Tenant desires such Additional Parking Privileges, Tenant shall communicate such desire
to Landlord in writing, and shall reimburse Landlord for all costs and expenses incurred by Landlord in improving and rezoning
the Lot in accordance with applicable law for parking (to the extent such Additional Parking Privileges are to be provided at the
Lot and not the Project) in addition to all other costs and expenses incurred by Landlord in connection with initially providing
such Additional Parking Privileges to Tenant, provided that in each instance Landlord shall first submit a reasonable estimate of
such costs and expenses to Tenant for Tenant’s approval prior to Landlord incurring such costs and expenses. Following the date
such Additional Parking Privileges are provided to Tenant for Tenant’s use, Tenant shall pay to Landlord, on a monthly basis
and in advance, the then prevailing market rate for such Additional Parking Privileges as reasonably determined by Landlord or
its parking operator from time-to-time (which prevailing market rate may then be Zero and No/100ths Dollars ($0.00)). Except
as specifically set forth in this Section 14(b), Tenant’s rights and obligations with respect to the Additional Parking Privileges
provided to Tenant pursuant to this Section 14(b) shall be the same as Tenant’s rights and obligations with respect to the Parking
Privileges under the provisions of this Lease.
(c) Tenant may permit its employees, contractors and visitors to use the Parking Privileges described in Section 14(a)
above. Tenant shall use all reasonable efforts to confine parking by its employees and contractors to the parking lot or lots
designated by Landlord for the use of tenants of the Building and to cause them to comply with such reasonable and non-
discriminatory rules and regulations as Landlord or its parking operator may establish from time to time and to all applicable
laws, ordinances, rules and regulations. Tenant shall not use, or permit its employees or contractors to use, any spaces which
have been or are hereafter designated by Landlord for use only by persons or vehicles qualifying to use handicapped, vanpool,
carpool or other restricted categories of use (except to the extent that employees or contractors or their vehicles are qualified to
use such designated spaces) or assigned to other tenants. Only passenger cars, light trucks and motorcycles may be parked in the
parking lots by Tenant or its employees and contractors, and no vehicle shall be permitted to remain there for a period of more
than twenty-four (24) consecutive hours. Landlord may also institute a card or other electronic access system to the parking
areas, and Tenant shall cooperate reasonably with Landlord in implementing such system, including requiring that all users of
the Parking Privileges sign commercially reasonable agreements with Landlord regarding the use of the Parking Privileges.
Tenant shall receive one (1) card or other access device per Parking Privilege to which Tenant is then entitled.
(d) Landlord may refuse to permit any person who violates the parking rules and regulations to park at the Project, and any
violation of the rules and regulations shall subject the car to removal at the expense of the owner. Any user of the Parking
Privileges shall retain all responsibility for damages to cars or other property arising from or in connection with such
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