Health Net 2009 Annual Report Download - page 421

Exhibit 10.102
FIRST AMENDMENT TO OFFICE LEASE
2370 K ERNER B OULEVARD , S AN R AFAEL , C ALIFORNIA
THIS FIRST AMENDMENT TO OFFICE LEASE (this “First Amendment”) is entered into as of the 17 day of December,
2008, by and between SAN RAFAEL LAND COMPANY, LLC, a California limited liability company (“Landlord”), and
MANAGED HEALTH NETWORK, INC., a Delaware corporation (“Tenant”).
RECITALS
This First Amendment is entered into on the basis of the following facts, understandings and intentions of the parties:
A. Landlord and Tenant are parties to that certain Office Lease dated as of February 6, 2008 (the “Lease”), pursuant to which
Tenant leases certain space consisting of approximately Sixty-Two Thousand Six Hundred Forty-Seven (62,647) square feet of
Rentable Area on the Second (2 ) and Third (3 ) Floors (the “Existing Premises”) of the commercial office building located at 2370
Kerner Boulevard, San Rafael, California (the “Building”). All capitalized terms used herein and not otherwise defined herein shall
have the meaning or meanings given them in the Lease.
B. Landlord and Tenant now desire to amend the Lease in order to: (i) confirm the Commencement Dates under the Lease;
(ii) retroactively modify the Rentable Area of the Existing Premises; (iii) revise the Premises by providing for certain additional space
to be added to the Premises; (iv) revise the Base Rent; (v) provide for the improvement of such additional space; and (vi) supplement
and/or modify certain other provisions of the Lease.
NOW, THEREFORE, in consideration of the mutual covenants and promises of Landlord and Tenant, Landlord and Tenant
hereby agree as follows:
1. CERTAIN DEFINITIONS.
(a) “Estimated Date” shall mean May 1, 2009.
(b) “Expansion Premises” shall mean the area more particularly identified on Exhibit A-2 attached hereto as the
“Expansion Premises”, containing approximately Seven Thousand Seven Hundred Thirty-Three (7,733) square feet of Rentable
Area located on a portion of the Third (3 ) Floor of the North Wing of the Building. Landlord and Tenant acknowledge and
agree that the Rentable Area of the Expansion Premises is the product of: (x) the “usable area” of the Expansion Premises, as
calculated pursuant to the BOMA Standard; multiplied by (y) one hundred twelve percent (112%).
(c) “Expansion Premises Commencement Date” shall mean the date of Expansion Premises Substantial Completion.
Landlord and Tenant presently estimate that Expansion Premises Substantial Completion will occur on the Estimated Date.
1
th
nd rd
rd