Health Net 2009 Annual Report Download - page 287

17.1.3 the worth at the time of the award of the amount by which the unpaid rent for the balance of the term after the time
of award exceeds the amount of such rental loss which Tenant proves could be reasonably avoided; plus
17.1.4 any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to
perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom (including,
without limitation, the cost of recovering possession of the Premises, expenses of reletting including necessary renovation and
alteration of the Premises, reasonable attorneys’ fees, and real estate commissions actually paid and that portion of the leasing
commission paid by Landlord and applicable to the unexpired portion of this Lease); plus
17.1.5 such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable
California law.
As used in Sections 17.1.1 and 17.1.2, the “worth at the time of the award” shall be computed by allowing interest at the lesser
of 10% per annum, or the maximum rate permitted by law per annum. As used in Section 17.1.3, the “worth at the time of award”
shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award
plus 1%.
17.2 Continue - 1951.4. Continue this Lease in full force and effect, and the Lease will continue in effect, as long as Landlord
does not terminate Tenant’s right to possession, and Landlord may enforce all of Landlord’s rights and remedies hereunder including,
without limitation, the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee’s
breach and abandonment and recover rent as it becomes due, if lessee has the right to sublet or assign, subject only to reasonable
limitations). During the period Tenant is in default, Landlord may enter the Premises and relet them, or any part of them, to third
parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord reasonably incurs in reletting the
Premises, including, without limitation, brokers’ commissions, expenses of remodeling the Premises required by the reletting, and
like costs. Reletting can be for a period shorter or longer than the remaining term of this Lease. Tenant shall pay to Landlord the Rent
due under this Lease on the dates the Rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by
this Section shall terminate this Lease unless Landlord notifies Tenant in writing that Landlord elects to terminate this Lease. After
Tenant’s default and for as long as Landlord does not terminate Tenant’s right to possession of the Premises, if Tenant obtains
Landlord’s consent, Tenant shall have the right to assign or sublet its interest in this Lease, but Tenant shall not be released from
liability.
17.3 Receiver. Cause a receiver to be appointed to collect Rent. Neither the filing of a petition for the appointment of a receiver
nor the appointment itself shall constitute an election by Landlord to terminate the Lease.
17.4 Cure the default at Tenant’s cost. If Landlord at any time, by reason of Tenant’s default, reasonably pays any sum or
does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the
time the sum is paid, and if paid at a later date shall bear interest at the lesser of 10% per annum, or the maximum rate an individual is
permitted by law to charge, from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with
interest on it, shall be Additional Rent.
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