Health Net 2009 Annual Report Download - page 290

any communication in connection with the subject matter of this Lease through any real estate broker or other person who can claim a
right to a commission or finder’s fee in connection with this Lease. In the event that any broker or finder tenders a claim for a
commission or finder’s fee based upon any such contact, dealings or communication, the party whom the broker or finder represented
or allegedly represented shall be responsible for said commission or fee and shall indemnify and hold harmless the other party from
and against all liabilities, losses, costs and expenses (including reasonable attorneys fees) arising in connection with such claim for a
commission or finder’s fee. In addition, Landlord shall indemnify and hold harmless Tenant from and against all liabilities, losses,
costs and expenses (including reasonable attorneys fees) arising from Landlord’s obligation to pay a commission to Tenant’s Broker
in connection with this transaction. Landlord and Tenant acknowledge and agree that any agreement between Landlord and Tenant’s
Broker regarding the payment of future commissions in connection with any extension of the Term or expansion of the Premises
(whether pursuant to an express right set forth in this Lease or not) shall not be binding on Tenant, and that Tenant may choose to be
represented by a different broker in any such future expansion or extension transactions, and that only such chosen broker would be
entitled to a commission in connection with such future transaction.
Upon termination of the Lease or expiration of the Term hereof, if Tenant retains possession of the Premises without Landlord’s
written consent first being obtained, then Tenant’s possession shall be deemed a month-to-month tenancy. Landlord and Tenant agree
that as damages for Tenant’s retention of possession, the Base Rent portion of the Rent shall be increased to one hundred twenty-five
percent (125%) of the amount of the Base Rent in effect immediately prior to the expiration or earlier termination of the Lease (as the
case may be) for the initial three (3) months of the period of retention of possession and thereafter the Base Rent portion of the Rent
shall be increased to one hundred fifty percent (150%) of the amount of the Base Rent in effect immediately prior to the expiration or
earlier termination of the Lease (as the case may be). Except with respect to the first sixty (60) days of Tenant’s holdover, Tenant
shall be responsible for any consequential damages suffered or incurred by Landlord as a result of Landlord’s inability to deliver
possession of the Premises to a subsequent tenant as a result of Tenant’s failure to surrender possession of the Premises.
Tenant shall faithfully observe and comply with the reasonable and nondiscriminatory rules and regulations (“Rules and
Regulations”) that Landlord shall from time to time promulgate. Landlord reserves the right from time to time to make modifications
to such Rules and Regulations as, in the sole judgment of Landlord, may be needed from time to time for the safety of the tenants, the
care and cleanliness of the Premises and the Building and the preservation of good order therein. Additions and modifications to
Rules and Regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant (a copy of the present Rules and
Regulations is attached hereto as Exhibit G). Landlord shall use its reasonable efforts to enforce compliance with such rules in a
uniform, non-discriminatory manner, but shall not be responsible to Tenant for the nonperformance of any of said rules by other
tenants or occupants; provided, however, in
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23. HOLDING OVER
24. RULES AND REGULATIONS.