Health Net 2009 Annual Report Download - page 396

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 loss of use) in an occurrence.
(ii) In addition, Landlord shall maintain, or cause to be maintained, a policy or policies of insurance with the premiums
thereon fully paid in advance, issued by and binding upon an insurance company of good financial standing, insuring the Project
against loss or damage by fire and such other hazards as Landlord may elect (that may include earthquake loss if Landlord elects
to maintain such coverage) and contingencies for the full insurable value thereof, or, in the alternative, insuring for eighty
percent (80%) of the replacement cost thereof (or such minimum amount as shall be required to eliminate operation of
coinsurance provisions), exclusive of excavations and foundations; provided, however, that Landlord shall not be obligated to
insure any furniture, equipment, machinery, goods or supplies not covered by this Lease that Tenant may keep or maintain in the
Premises, or any real or personal property that Tenant is otherwise required to insure under this Lease. If the annual premiums
charged Landlord for such property insurance exceed the standard premium rates because the nature of Tenant’s operations
result in extra-hazardous or higher than normal risk exposure, then Tenant shall, upon receipt of appropriate premium invoices,
reimburse Landlord for such increases in premium. All insurance proceeds payable under Landlord’s insurance carried
hereunder shall be payable solely to Landlord, and Tenant shall have no interest therein.
(iii) To the extent available on commercially reasonable terms, Landlord shall carry rental loss insurance on the Project
applicable to the perils covered by an All Risk Policy on the Project and pertaining to the Rent due under this Lease for not less
than twelve (12) months. If Landlord concludes that such insurance is not available at commercially reasonable rates, Landlord
shall promptly so notify Tenant in writing. If Landlord fails to carry such policy of insurance without so notifying Tenant and an
event occurs which would otherwise result in an interruption in Rent which would have been covered by such policy had it been
carried by Landlord, then Landlord shall be deemed to have received the proceeds of such insurance as if it had been carried by
Landlord in the amounts and with the coverages required.
20. WAIVER OF SUBROGATION. Whether any loss or damage to or within the Project, the Building and/or the Premises is
due to the negligence of either of the parties hereto, their agents or employees, or any other cause, Landlord and Tenant do each
herewith and hereby release and relieve the other from responsibility for, and waive their entire claim of recovery, for any loss or
damage to the real or personal property of the other located anywhere in the Project and including the Project itself, arising out of or
incident to the occurrence of any of the perils which are covered by any property insurance policy covering the Project or which was
required to be carried by either Landlord or Tenant (but only to the extent the loss is covered, or would have been covered, by such
policy); or loss resulting from business interruption at the Premises, arising out of or incident to the occurrence of any of the perils
which are covered by any business interruption insurance policy covering the Project. To the extent that any risks are, in fact, covered
by property insurance, each party shall cause its insurance carriers to consent to such waiver and to waive all rights of subrogation
against the other party.
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