Health Net 2009 Annual Report Download - page 342

15.5 Documentation. The subordination provisions of this Article shall be self-operating and no further instrument shall
be necessary. Nevertheless Tenant, on request, shall execute and deliver any and all instruments further evidencing such
subordination.
15.6 Other Transactions. Landlord may at any time and from time to time grant, receive, dedicate, relocate, modify,
surrender or otherwise deal with easements, rights of way, restrictions, covenants, equitable servitudes or other matters affecting the
Building without notice to or consent by Tenant, provided that Tenant’s use and enjoyment of the Premises is not materially and
adversely affected, and such actions do not reduce Tenant’s rights or increase Tenant’s obligations hereunder.
16. ESTOPPEL CERTIFICATES AND FINANCIAL STATEMENTS
Tenant shall at any time within ten days after written request from Landlord execute, acknowledge and deliver to Landlord a
statement in writing: (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such
modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges
are paid in advance, if any; (b) confirming the commencement and expiration dates of the term; (c) confirming the amount of the
security deposit held by Landlord; (d) acknowledging that there are not, to Tenant’s knowledge, any uncured defaults on the part of
Landlord hereunder, or specifying such defaults if any are claimed; and (e) confirming such other matters regarding this Lease as to
which Landlord may reasonably request confirmation. Any such statement may be conclusively relied upon by a prospective
purchaser or lender with respect to the Building. If Landlord desires to finance or refinance the Building, and if Tenant is not then a
publicly-traded company, Tenant hereby agrees to deliver to any lender designated by Landlord such financial statements of Tenant
as may be reasonably required by such lender. Such statement shall include the past three years’ financial statements of Tenant. All
such financial statements shall be received by Landlord in confidence and shall be used only for the purposes herein set forth.
17. QUIET ENJOYMENT
Landlord covenants and warrants that if Tenant pays the rent and observes and performs the terms, covenants and conditions
contained in this Lease, Tenant shall peaceably and quietly hold and enjoy possession of the Premises for the Term without hindrance
or interruption by Landlord, or any other person lawfully claiming by, through or under Landlord unless otherwise permitted by the
terms of this Lease.
18. SURRENDER AND HOLDOVER
18.1 Surrender. Upon the expiration or termination of this Lease or of Tenant’s right to possession, Tenant shall surrender
the Premises in the condition received by Tenant, reasonable wear and tear and damage by casualty excepted, and shall remove all of
Tenant’s equipment, fixtures and property, and repair all damage caused by the removal. Tenant shall not remove permanent
improvements that were provided by Landlord at the commencement of this Lease and shall not remove permanent improvements
later installed by Tenant unless Tenant was directed to do so by Landlord, at the time Landlord consented to such improvements.
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