Health Net 2009 Annual Report Download - page 345

written notice to terminate Tenant’s right to such storage space for the purpose of leasing it to a third party for office purposes. So
long as the storage space remains available for Tenant’s use, Tenant shall pay to Landlord for any use of such space, monthly in
advance without notice or demand, rental in an amount equal to $8.00 per square foot of Rentable Area per annum. The storage space
shall be a room with a locking door, shall be used for no purpose other than storage, shall receive no building services, and shall be
delivered “as is”. Tenant shall be responsible for any damage to the storage space caused by its employees.
24. GENERAL.
24.1 Severability. If any term, covenant or condition of this Lease, or the application thereof, is to any extent held or
rendered invalid, it shall be and is hereby deemed to be independent of the remainder of the Lease and to be severable and divisible
therefrom, and its invalidity, unenforceability or illegality shall not affect, impair or invalidate the remainder of the Lease or any part
thereof.
24.2 No Waiver. The waiver of any breach of any term, covenant or condition contained in this Lease shall not be deemed
to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or
condition contained in this Lease. The subsequent acceptance of rent by Landlord shall not be deemed to be a waiver of any preceding
breach by Tenant of any term, covenant or condition of this Lease, regardless of Landlord’s knowledge of such preceding breach at
the time of acceptance of rent. No term, covenant or condition of this Lease shall be deemed to have been waived unless such waiver
is in writing.
24.3 Effect of Payment. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly payment of
rent herein stipulated is deemed to be other than on account of the earliest stipulated rent, nor is any endorsement or statement on any
check or any letter accompanying any check or payment of rent deemed an acknowledgment of full payment or accord and
satisfaction, and Landlord may accept and cash any check or payment without prejudice to Landlord’s right to recover the balance of
the rent due and pursue any other remedy provided in this Lease.
24.4 Delay. If either party is delayed or hindered in or prevented from the performance of any term, covenant or act
required hereunder by reasons of strikes, labor troubles, inability to procure materials or services, power failure, restrictive
governmental laws or regulations, riots, insurrection, sabotage, rebellion, war, terrorism or threatened acts of terrorism, act of God,
acts or omissions of the other party, or other reason whether of a like nature or not that is beyond the control of the party affected,
financial inability excepted, then the performance of that term, covenant or act is excused for the period of the delay and the party
delayed shall be entitled to perform such term, covenant or act within the appropriate time period after the expiration of the period of
such delay. Nothing in this Article, however, shall (i) excuse Landlord or Tenant from the prompt payment of any amount payable
under this Lease, (ii) excuse Tenant from the consequences of Tenant Delay as provided in Exhibit C, (iii) affect Tenant’s right to
terminate this Lease after a casualty pursuant to Article 10, or (iv) affect any right Tenant has to terminate this Lease or exercise its
rights pursuant to Exhibit C and Article 20 of this Lease.
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