Health Net 2009 Annual Report Download - page 422

(d) “Expansion Premises Substantial Completion” or “EPSC” shall mean that: (i) the Expansion Premises Tenant
Improvements have been completed in accordance with the Final First Amendment Plans (as defined in Paragraph 3 of Exhibit
B-1 hereto), even though minor details, adjustments or punch list items that do not materially interfere with Tenant’s use or
occupancy of the Expansion Premises for normal business operations may remain to be completed; (ii) appropriate
governmental authorities have signed the permit card or otherwise indicated clearance for temporary or permanent occupancy of
the Expansion Premises; and (iii) all Building systems and equipment are operational to the extent necessary to service the
Expansion Premises. Landlord and Tenant shall inspect the Expansion Premises after Expansion Premises Substantial
Completion, and shall together prepare a punchlist, and Landlord shall use commercially reasonable efforts to cause its
contractors to remedy the items on the punchlist as promptly as is feasible in the circumstances.
(e) “Expansion Premises Tenant Improvements” shall have the meaning given that term in Paragraph 1 of Exhibit B-1
hereto. All Expansion Premises Tenant Improvements shall be deemed to be Alterations for purposes of the Lease upon
completion thereof.
(f) “Expansion Premises Term” shall mean the period commencing as of the Expansion Premises Commencement Date
and continuing to and including the date of expiration or earlier termination of the Term of the Lease.
(g) “First Amendment Tenant Improvement Allowance” shall mean an aggregate amount equal to Three Hundred Eighty-
Six Thousand Six Hundred Fifty and No/100ths Dollars ($386,650.00), based on Fifty Dollars ($50.00) per square foot on Seven
Thousand Seven Hundred Thirty-Three (7,733) square feet of Rentable Area contained in the Expansion Premises. The
foregoing and anything to the contrary contained in the Lease notwithstanding, the First Amendment Tenant Improvement
Allowance shall be automatically reduced by the aggregate amount of money or funds in excess of the Tenant Improvement
Allowance (the definition of which has been modified pursuant to Section 8 below) that Landlord has, as of the date of this First
Amendment, paid, applied or credited in connection with the construction and/or installation of the Tenant Improvements, such
that the total of the Tenant Improvement Allowance and the First Amendment Tenant Improvement Allowance shall not exceed
Three Million Three Hundred Sixty-Four Thousand Six Hundred Fifty and No/100ths Dollars ($3,364,650.00), based on Fifty
Dollars ($50.00) per square foot on Sixty-Seven Thousand Two Hundred Ninety-Three (67,293) square feet of Rentable Area.
2. CONFIRMATION OF COMMENCEMENT DATES. Landlord and Tenant acknowledge and agree that (i) the North Wing
Commencement Date occurred on May 14, 2008, and shall for all purposes under the Lease be May 14, 2008, (ii) the Second Floor
South Wing Commencement Date occurred on June 12, 2008, and shall for all purposes under the Lease be June 12, 2008, and
(iii) the Third Floor South Wing Commencement Date occurred on June 25, 2008, and shall for all purposes under the Lease be
June 25, 2008.
2