Health Net 2009 Annual Report Download - page 296

be paid under this Section shall be determined by a court of competent jurisdiction and not by a jury. For purposes of this Section,
attorneys’ and experts’ fees and costs shall include, without limitation, fees and costs incurred in the following: (a) post-judgment
motions; (b) contempt proceedings; (c) garnishment, levy, and debtor and third party examinations; (d) discovery; (e) bankruptcy
litigation; and (f) appeals.
29.15 Modification: This Lease and all exhibits attached hereto contain the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Lease shall be of
no force or effect, excepting a subsequent modification in writing signed by the party to be charged.
29.16 Successors and Assigns: Subject to the provisions of Section 10, this Lease and each of its covenants and conditions shall
be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal
representatives, successors and assigns.
29.17 Waiver of California Code Sections: Notwithstanding any other provision of this Lease and in addition to any waivers
which may be contained in this Lease, Tenant waives the provisions of Civil Code Section 1932(2) and 1933(4) with respect to the
destruction of the Premises; Civil Code Sections 1932(1), 1941 and 1942 with respect to Landlord’s repair duties and Tenant’s right
of repair; and Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in
the event of a partial taking of the Premises for public or quasi-public use by statute, by right of eminent domain, or by purchase in
lieu of eminent domain; and any right of redemption or reinstatement of Tenant under any present of future case law or statutory
provision (including Code of Civil Procedure Section 473, 1174(c) and 1179 and Civil Code Section 3275) in the event Tenant is
dispossessed from the premises for any reason. This waiver applies to future statutes enacted in addition or in substitution to the
statute specified herein, and this waiver shall apply even though Tenant may be the subject of a voluntary or involuntary petition in
bankruptcy.
29.18 Government Energy or Utility Controls: In the event of imposition of federal, state or local governmental controls,
regulations or restrictions on the use or consumption of energy or other utilities during the term, both Landlord and Tenant shall be
bound thereby.
29.19 Accord and Satisfaction; Allocation of Payments: No payment by Tenant or receipt by Landlord of a lesser amount
than the Rent provided for in this Lease shall be deemed to be other than account of the earliest due Rent, nor shall any endorsement
or statement on any check or letter accompanying any check or payment as Rent be deemed an accord and satisfaction, and Landlord
may accept such check or payment without prejudice to Landlord’s right to recover the balance of the Rent or pursue any other
remedy provided for in this Lease. In connection with the foregoing, Landlord shall have the absolute right in its sole discretion to
apply any payment received from Tenant to any account or other payment of Tenant which is then due or delinquent.
29.20 Recording: Tenant shall not record this Lease or a memorandum thereof, or any other reference to this Lease, without the
prior written consent of Landlord. Tenant, upon the request of Landlord, shall execute and acknowledge a “short form” memorandum
of this Lease for recording purposes.
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