Health Net 2009 Annual Report Download - page 473

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(d) Subject to Paragraph 2(e) below, WITH RESPECT TO THE CONTRACTION SPACE ONLY, Tenant agrees (i) to
forever release and discharge Landlord from all obligations, covenants and agreements of Landlord arising under or in
connection with the Lease after the Contraction Date and (ii) not to sue Landlord for obligations, covenants and agreements
of Landlord arising under or in connection with the Lease after the Contraction Date.
(e) Notwithstanding anything to the contrary herein contained, with respect to the Contraction Area, the parties acknowledge
and agree that each shall continue to be fully liable to the other to the extent set forth in the Lease for any claim for
personal injury or property damage arising prior to the Contraction Date. Tenant shall also be responsible for any
additional rent reimbursable with respect to the Contraction Area that may be due, when the actual Operating Costs for the
calendar year 2010 for the Building are determined.
(f) Notwithstanding anything in the Lease or herein to the contrary, Tenant must complete the demising wall separating the
Contraction Area from the Remaining Existing Premises on or before the Contraction Date, as set forth in the Work Letter
attached as Exhibit B to the Lease. Tenant hereby acknowledges and agrees to be fully responsible and liable to Landlord
and to immediately reimburse Landlord for any and all damages incurred by Landlord due to any holding over by Tenant
in the Contraction Area beyond the Contraction Date, or for failure to complete such demising wall in accordance with the
provisions of such Work Letter on or before the Contraction Date. Tenant also covenants and agrees with Landlord that
Tenant will not holdover in the Contraction Area.
(g) Landlord and Tenant hereby confirm, stipulate and agree that, subject to the above provisions of this Paragraph 2, effective
on and as of the Contraction Date, (i) the Premises shall be deemed to consist solely of those certain 44,279 square feet of
Rentable Area (the “Remaining Existing Premises”), being the 22,900 square feet comprising Suite 200 of the Building,
the 13,189 square feet comprising Suite 300 of the Building (as shown on Exhibit A-1 to this First Amendment), and the
8,190 square feet in the basement of the Building; (ii) Exhibit A-1 to this First Amendment shall replace page A-1—3 of
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xhibit A-1 to the Lease, and (iii) Tenant’s Proportionate Share of Operating Costs shall be 34.7696% (44,279 rsf/ 127,350
rsf) (10.3565% for Suite 300, 17.9820% for Suite 200, and 6.4311% for the portion of the Premises in the basement of the
Building).
3. Basic Annual Rent. From the Effective Date through the Contraction Date, Basic Annual Rent for the Premises (which shall still
consist of the entire Existing Premises) shall be as follows:
Period S
p
ace
Monthly
Installmen
t
Amount/rsf/annum
10/01/09-11/30/09 Existing Premises $-0- $-0-
12/01/09-12/31/09
Suites 200, 300 and 310 $ 76,162.67 $26.00
Basement $10,237.50 $15.00
01/01/10-01/31/10
Suites 200, 300 and 310 $100,509.50 $26.00
Basement $10,237.50 $15.00