Health Net 2009 Annual Report Download - page 444

indirectly from or in connection with the presence, suspected presence, or release of any Hazardous Material in or into the air,
soil, surface water or groundwater at, on, about, under or within the Premises, or any portion thereof, all to the extent caused by
Tenant or Tenant Affiliates.
(iii) In the event any investigation or monitoring of site conditions or any clean-up, containment, restoration, removal or
other remedial work (collectively, the “Remedial Work”) is required under any applicable federal, state or local Law, by any
judicial order, or by any governmental entity as the result of operations or activities upon, or any use or occupancy of any
portion of the Premises by Tenant or Tenant Affiliates, Landlord shall perform or cause to be performed the Remedial Work in
compliance with such Law or order at Tenant’s sole cost and expense. All Remedial Work shall be performed by one or more
contractors, selected and approved by Landlord, and under the supervision of a consulting engineer, selected by Tenant and
approved in advance in writing by Landlord. All costs and expenses of such Remedial Work shall be paid by Tenant, including,
without limitation, the charges of such contractor(s), the consulting engineer, and Landlord’s reasonable attorneys’ fees and
costs incurred in connection with monitoring or review of such Remedial Work.
(iv) To Landlord’s knowledge and subject to all matters disclosed in that certain Phase I Environmental Report dated
July 18, 2005 prepared by Environ International Corporation, Landlord has not received written notice of any violation of
environmental Laws pertaining to the Premises and the Building. The term “to Landlord’s knowledge” shall mean the current
actual knowledge of Steve Silva, without any duty of inquiry or investigation.
(v) Each of the covenants and agreements of Tenant and Landlord set forth in this Paragraph 6(g) shall survive the
expiration or earlier termination of this Lease.
(a) Landlord shall furnish, or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached
hereto, subject to the conditions and in accordance with the standards set forth therein and in this Lease.
(b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all non-discriminatory regulations and
requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in
E
xhibit
C
. Landlord shall not be liable to Tenant for the failure of any other tenant, or its assignees, subtenants, employees, or their
respective invitees, licensees, agents or other representatives to comply with such regulations and requirements.
(c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord
pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s actual and reasonable
charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in
Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or
appurtenances are installed in the Building, subject to the conditions stated below, and Tenant does not withdraw its request within
ten (10) days of written notice of such additional installations, Landlord shall proceed to install the same at the sole cost of Tenant,
payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, and a
determination that the installation and use thereof (i) shall be permitted by applicable Law and insurance regulations, (ii) shall not
cause permanent damage or injury to the Building or adversely affect the value of the Building or the Project, and (iii) shall not cause
or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing,
Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or
cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s
charge therefor. As of the Date of this Lease, Landlord’s current charge for “after-hours” heating and air conditioning is $ per
hour. In the case of any additional utilities or services to be provided hereunder, Landlord may require a switch and metering system
to be installed so as to measure the amount of such additional utilities or services. The cost of installation, maintenance and repair
thereof shall be paid by Tenant upon demand.
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7. UTILITIES AND SERVICES