Health Net 2009 Annual Report Download - page 286

Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same. Without limiting any
other waiver by Tenant which may be contained in this Lease, except as otherwise expressly set forth in this Lease to the contrary,
Tenant hereby waives the benefit of any laws granting it the right to perform Landlord’s obligation on account of any Landlord
default.
16.3 No Waiver. No delay or omission in the exercise of any right or remedy of Landlord or Tenant on any default by Tenant or
Landlord shall impair such a right or remedy or be construed as a waiver. The subsequent acceptance of Rent by Landlord after
breach by Tenant of any covenant or term of this Lease shall not be deemed a waiver of such breach, other than a waiver of timely
payment for the particular Rent involved, regardless of Landlord’s knowledge of any breach at the time of such acceptance of Rent,
and shall not prevent Landlord from maintaining an unlawful detainer or other action based on such breach. No act or conduct of
Landlord, including the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by
Tenant before the expiration of the Term. Prior to the scheduled expiration of the Term of the Lease, only a notice from Landlord to
Tenant shall constitute acceptance of the surrender of the Premises and accomplish an early termination of the Lease. Landlord’s
consent to or approval of any act by Tenant requiring Landlord’s consent or approval shall not be deemed to waive or render
unnecessary Landlord’s consent to or approval of any subsequent act by Tenant. Any waiver by Landlord or Tenant of any default
must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Lease. The review,
approval, or inspection by Landlord of any item to be reviewed, approved, or inspected by Landlord under the terms of this Lease
shall not constitute the assumption of any responsibility by Landlord for the accuracy or sufficiency of any such item or the quality or
suitability of such item for its intended use.
The remedies provided for in this Section 17 are not exclusive; they are cumulative, in addition to any remedies now or later
allowed by law, to any equitable remedies Landlord may have, and to any remedies Landlord may have under bankruptcy laws or
laws affecting creditors’ rights generally. In the event of Tenant’s default (after expiration of any applicable notice and cure period),
Landlord may:
17.1 Terminate. Terminate Tenant’s right to possession of the Premises by any lawful means, in which case this Lease shall
terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to
recover from Tenant:
17.1.1 the worth at the time of the award of any unpaid rent which had been earned at the time of such termination; plus
17.1.2 the worth at the time of the award of the amount by which the unpaid rent which would have been earned after
termination until the time of award exceeds the amount of such rental loss which Tenant proves could have been reasonably
avoided; plus
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17. REMEDIES FOR TENANT’S DEFAULT.