Health Net 2009 Annual Report Download - page 394

such impairment results primarily from an intentional act of Landlord or a negligent act of Landlord; and (iii) an impairment
shall be deemed to be “substantial” if more than fifty percent (50%) of the Premises becomes impaired under the foregoing
standards. Anything in this Section 18(b) to the contrary notwithstanding, the entitlement of Tenant, if any, to an abatement of
the Rent or any part thereof or a termination of this Lease following (i) damage to or destruction of the Premises or the Project
shall be governed by the provisions of Section 21 and not by the provisions of this Section 18(b), and (ii) an interruption of
standard services required to be provided by Landlord pursuant to Section 9(a) shall be governed by the provisions of Section 9
(a) and not by the provisions of this Section 18(b).
19. INSURANCE.
(a) Tenant’s Insurance. Tenant shall, during the entire term of this Lease and any other period of occupancy, at its sole cost
and expense, keep in full force and effect the following insurance:
(i) Property Insurance. Property insurance insuring against the perils of fire, vandalism and malicious mischief, sprinkler
leakage, and such other risks as are from time to time included in a “Causes of Loss—Special Form” policy (a “Special Form
Policy”), but not including flood and earthquake coverage. Such Special Form Policy shall be upon all trade fixtures and other
property owned by Tenant, for which Tenant is legally liable and/or that was installed by or on behalf of Tenant, and which is
located in the Building, including, without limitation, Alterations, furniture, fittings, installations, fixtures, Tenant Improvements
and any other personal property, in an amount not less than the full replacement cost thereof. If there shall be a dispute as to the
amount which comprises full replacement cost, the decision of Landlord or any mortgagees of Landlord shall be conclusive.
Such Special Form Policy shall also insure the direct or indirect loss of Tenant’s earnings attributable to Tenant’s inability to use
fully or obtain access to the Premises or the Project in the amount as will properly reimburse Tenant for a period of one (1) year
following such loss of use or access. Such policy shall name Landlord and any mortgagees of Landlord as additional insured
parties, as their respective interests may appear.
(ii) Liability Insurance. Commercial General Liability Insurance insuring Tenant against any liability arising out of the
lease, use, occupancy, or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount
of Three Million Dollars ($3,000,000) Combined Single Limit for injury to or death of one or more persons in an occurrence and
Seven Million Dollars ($7,000,000) aggregate (some reasonable portion of which may be maintained through an excess or
umbrella policy, provided that any such excess or umbrella policy shall cover at least the same perils as a commercial general
liability policy and shall not contain materially more extensive exclusions than such a policy), and for damage to tangible
property (including, without limitation loss of use and fire legal liability) in an occurrence, with an Additional Insured —
Landlord Endorsement. The policy shall insure the hazards of premises and operations, independent contractors, contractual
liability (covering the indemnity contained in Section 24 hereof, to the extent such coverage is included in a customary and
typical policy of commercial general liability insurance) and shall (i) name Landlord as an additional insured, (ii) contain a
cross-liability provision, and (iii) contain a provision that the insurance provided the landlord hereunder shall be primary and
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