Health Net 2009 Annual Report Download - page 472

Exhibit 10.104
FIRST AMENDMENT TO OFFICE LEASE
This First Amendment to Office Lease (this “First Amendment”) is made and entered into effective as of October 1, 2009 (the
“Effective Date”), by and between GK TRIANGLE CORPORATE PARK III, LLC, a Delaware limited liability company
(“Landlord”), and HEALTH NET HEALTH PLAN OF OREGON, INC., an Oregon corporation (“Tenant”).
W I T N E S S E T H:
WHEREAS, Landlord and Tenant are parties to that certain Office Lease dated March 18, 2009 (the “Lease”), pursuant to which
Tenant is currently leasing certain premises containing a total of 54,579 square feet of Rentable Area (the “Existing Premises”, being
8,190 square feet in the basement, plus 46,389 square feet on the 2 and 3 floors of the Building), in the building located at 13221
SW 68th Parkway, Tigard, Oregon (the “Building”); and
WHEREAS, Tenant has exercised the Contraction Option set forth in Addendum Four to the Lease; and
WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to surrender a portion of the Existing Premises, and
modify certain terms and provisions of the Lease, all as more particularly provided hereinbelow;
NOW, THEREFORE, pursuant to the foregoing, and in consideration of the mutual covenants and agreements contained in the
Lease and herein, the Lease, effective as of the Effective Date, is hereby modified and amended as set out below:
1
1. Definitions. All capitalized terms used herein shall have the same meaning as defined in the Lease, unless otherwise defined in
this First Amendment.
2. Release of Contraction Area. Tenant agrees to surrender, effective as of January 31, 2010 (the “Contraction Date”), that certain
10,463 square foot area designated as Suite 310 on Exhibit A-1 to this First Amendment (the “Contraction Area”), subject to the
terms set forth below. The foregoing definition of the Contraction Area supersedes the definition set forth in Addendum Four to
the Lease.
(a) As of the Contraction Date, Tenant agrees to surrender the Contraction Area in accordance with the terms Addendum Four
to the Lease. Tenant hereby releases, as of the Contraction Date, all of its right, title and interest in, and in respect of, the
Contraction Area. Tenant covenants, agrees and represents that Tenant shall have no further right to use, occupy or have
possession of the Contraction Area or any portion thereof after the Contraction Date.
(b) Tenant covenants and agrees that it has full right, power and authority to terminate and surrender the Contraction Area in
the manner aforesaid.
(c) Subject to Paragraph 2(a) above and Paragraphs 2(e) and 2(f) below, WITH RESPECT TO THE CONTRACTION SPACE
ONLY, Landlord agrees (i) to forever release and discharge Tenant from all obligations, covenants and agreements of
Tenant arising under or in connection with the Lease after the Contraction Date and (ii) not to sue Tenant for obligations,
covenants and agreements of Tenant arising under or in connection with the Lease after the Contraction Date.
nd rd