Health Net 2009 Annual Report Download - page 423

3. REMEASUREMENT OF EXISTING PREMISES.
(a) Effective retroactively as of the North Wing Commencement Date and continuing to and including the day immediately
preceding the Expansion Premises Commencement Date, Section 1(c)(i)(A) of the Lease shall be amended in its entirety to
provide as follows:
“ ‘Rentable Area’ of the Premises shall be the product of: (x) the ‘usable area’ of the Premises, as calculated pursuant to
the Standard Method for Measuring Floor Area in Office Buildings, [ANSI Z65.1 – 1996] (‘BOMA Standard’); multiplied
by (y) one hundred twelve percent (112%) (or one hundred fifteen percent (115%) with respect to the portion of the North
Wing located on the Third (3rd) Floor of the Building).”
(b) Effective retroactively as of the North Wing Commencement Date and continuing to and including the day immediately
preceding the Expansion Premises Commencement Date, Section 1(c)(i)(B) of the Lease shall be amended in its entirety to
provide as follows:
“ ‘Rentable Area’ of the Project shall be the product of: (x) the aggregate ‘usable area’ of the Project, as designed and as
calculated pursuant to the BOMA Standard; multiplied by (y) one hundred twelve percent (112%) (or one hundred fifteen
percent (115%) with respect to the portion of the North Wing located on the Third (3rd) Floor of the Building).”
(c) Landlord and Tenant acknowledge and agree that, prior to the date of this First Amendment, the Rentable Area of the
Existing Premises and each portion thereof were remeasured pursuant to the modified definition of “Rentable Area” set forth in
Section 3(a) above. In accordance with such remeasurement, effective retroactively as of the North Wing Commencement Date
and continuing to and including the day immediately preceding the Expansion Premises Commencement Date, the Rentable
Area of the Existing Premises shall for all purposes under the Lease be as follows:
(i) as to the North Wing, approximately Twenty-Two Thousand Seven Hundred Seventeen (22,717) square feet of
Rentable Area;
(ii) as to the Second Floor South Wing, approximately Nineteen Thousand Two Hundred Ten (19,210) square feet of
Rentable Area;
(iii) as to the Third Floor South Wing, approximately Seventeen Thousand Eight Hundred Twenty-Three
(17,823) square feet of Rentable Area; and
(iv) as to the entire Existing Premises, approximately Fifty-Nine Thousand Seven Hundred Fifty (59,750) square feet
of Rentable Area.
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