Health Net 2009 Annual Report Download - page 424

(d) Tenant’s Proportionate Share shall be retroactively adjusted to be 48.95% effective as of the North Wing
Commencement Date and continuing to and including the day immediately preceding the Expansion Premises Commencement
Date to reflect that (i) the Premises then contained (and will contain during such period) approximately Fifty-Nine Thousand
Seven Hundred Fifty (59,750) square feet of Rentable Area, and (ii) the Project then contained (and will contain during such
period) approximately One Hundred Twenty-Two Thousand Fifty-Two (122,052) square feet of Rentable Area.
(e) Effective as of the date of this First Amendment, Section 1(c)(ii) and Section 1(c)(iii) of the Lease shall be deleted in
their entirety and be of no force or effect.
4. ADDITION OF EXPANSION PREMISES.
(a) Effective as of the North Wing Commencement Date and continuing to and including the day immediately precedent
the Expansion Premises Commencement Date, the Premises shall be as provided in the Lease.
(b) Effective as of the Expansion Premises Commencement Date, the Premises shall be revised to include the Expansion
Premises, and all references to the “Premises” in the Lease shall be deemed to mean, collectively, the Existing Premises and
Expansion Premises. Tenant’s obligations with respect to the Expansion Premises shall commence upon the Expansion Premises
Commencement Date (except as otherwise provided in the Lease, as amended, with respect to obligations arising earlier or later)
and shall continue in full force for the Expansion Premises Term. Either Landlord or Tenant, at the request of the other, shall
execute a declaration specifying the Expansion Premises Commencement Date within a reasonable period of time following the
Expansion Premises Commencement Date.
(c) Tenant has inspected the Expansion Premises and agrees to accept the same “AS IS” without any agreements,
representations, understandings or obligations on the part of Landlord to perform any alterations, repairs or improvements to the
Expansion Premises, subject to Landlord’s obligation to construct the Expansion Premises Tenant Improvements in accordance
with the provisions of this First Amendment. Landlord shall have no other obligation of any kind or character, express or
implied, with respect to the design or condition of the Expansion Premises as of the Expansion Premises Commencement Date
or the suitability thereof for Tenant’s purposes, and Tenant acknowledges that it has neither received nor relied upon any
representation or warranty made by or on behalf of Landlord with respect to such matters.
(d) Landlord shall provide Tenant and its representatives access to the Expansion Premises reasonably following the date
upon which Landlord executes and delivers a countersigned original of this First Amendment. Such access shall be utilized by
Tenant for the sole purpose of installing its telecommunications installations, data cabling, furniture and special fixtures in the
Expansion Premises in connection with the commencement of its business operations therein. Upon such entry, Tenant shall,
with respect to the Expansion Premises, perform all of the obligations of Tenant applicable under the Lease during the
Expansion Premises Term (except the obligation with respect to the Expansion Premises to pay Basic Rent, Tenant’s
Proportionate Share of Operating Expenses, the costs of parking at the Project, the cost
4