Health Net 2009 Annual Report Download - page 434

STANDARD LEASE PROVISIONS
(a) The Initial Term of this Lease and the Rent (defined below) shall commence on July 1, 2009 (the “Commencement Date”).
Unless earlier terminated in accordance with the provisions hereof, the Initial Term of this Lease shall be the period shown in Item 9
of the Basic Lease Provisions. As used herein, “Lease Term” shall mean the Initial Term referred to in Item 9 of the Basic Lease
Provisions, subject to any extension of the Initial Term hereof exercised in accordance with the terms and conditions expressly set
forth herein. This Lease shall be a binding contractual obligation effective upon execution hereof by Landlord and Tenant,
notwithstanding the later commencement of the Initial Term of this Lease.
(b) As of the Date of this Lease, Tenant is a subtenant of Cadence Design Systems, Inc. (“Cadence”), Inc., pursuant to a
Sublease dated February 25, 2003, between Cadence (as sublandlord) and Tenant (as subtenant) (such Sublease, as amended, the
“Sublease”). Cadence (as successor-in-interest to OrCAD, Inc.) leases the Premises from Landlord (as successor-in-interest to Tigard
Triangle I, LLC (“Prior Landlord”)) pursuant to a Lease Agreement between Prior Landlord and OrCAD, Inc. dated February 20,
1998 (such Lease Agreement, as amended, the “Existing Master Lease”). The Sublease and the Existing Master Lease are each
scheduled to expire of their own terms prior to the Commencement Date. Landlord and Tenant agree that, as of the Commencement
Date, this Lease is the sole and exclusive agreement between Landlord and Tenant with respect to the Project (provided, this sentence
and the foregoing sentence shall not be deemed to nullify any provisions of the Sublease or the Existing Master Lease which, by their
terms, survive the expiration of the Sublease or the Existing Master Lease). Landlord and Tenant further agree, without limiting the
foregoing two sentences, that any extension, expansion, termination, first offer, first refusal or other rights or options afforded to
Tenant under the Sublease or the Existing Master Lease are of no further force or effect as of the Date of this Lease, and that Tenant
hereby waives the same (if any).
(c) Notwithstanding anything to the contrary contained in this Lease, the effectiveness of this Lease is expressly conditioned on
the Existing Master Lease expiring (without any options on the part of Cadence (or any subtenant or assignee thereof) to further
extend the term of the Existing Master Lease) on or before the Commencement Date.
(a) Tenant agrees to pay during each month of the Lease Term as Basic Annual Rent (“Basic Annual Rent”) for the Premises the
sums shown for such periods in Item 5 of the Basic Lease Provisions.
(b) Except as expressly provided to the contrary herein, Basic Annual Rent shall be payable in equal consecutive monthly
installments, in advance, without demand, deduction or offset, commencing on the Commencement Date and continuing on the first
day of each calendar month thereafter until the expiration of the Lease Term. Landlord agrees that all payments of rent under this
Lease may be made via electronic funds transfer, and prior to the Commencement Date, Landlord shall provide documentation to
Tenant to set up such payment system. Except as is expressly provided to the contrary herein, the obligation of Tenant to pay Rent
and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. If the Commencement Date
is a day other than the first day of a calendar month, or the Lease Term expires on a day other than the last day of a calendar month,
then the Rent for such partial month shall be calculated on a per diem basis. In the event Landlord delivers possession of the Premises
to Tenant prior to the Commencement Date, Tenant agrees it shall be bound by and subject to all terms, covenants, conditions and
obligations of this Lease during the period between the date possession is delivered and the Commencement Date, other than the
payment of Basic Annual Rent, in the same manner as if delivery had occurred on the Commencement Date.
(c) INTENTIONALLY DELETED
(d) The parties agree that for all purposes hereunder the Premises shall be stipulated to contain the number of square feet of
Rentable Area described in Item 3 of the Basic Lease Provisions.
4
1. TERM
2. BASIC ANNUAL RENT AND SECURITY DEPOSIT