Health Net 2009 Annual Report Download - page 398

days after the date it is advised of such repair period. Tenant also shall have the right to terminate this Lease if Landlord fails to
repair the Premises or the Building within the stated repair period as extended day-for-day for each day within such period
containing an event of Force Majeure (as defined in Section 46(j)); provided that Tenant shall give written notice of such
termination within sixty (60) days of the end of the stated repair period as so extended.
(d) Termination of Lease. Upon any termination of this Lease under any of the provisions of this Section 21, Landlord and
Tenant shall each be released without further obligation to the other from the date possession of the Premises is surrendered to
Landlord or such other date as is mutually agreed upon by Landlord and Tenant except for payments or other obligations which
have theretofore accrued and are then unpaid or unperformed and any other obligations which, by their terms, survive the
termination of this Lease.
(e) Basic Rent Abatement. In the event of repair, reconstruction and restoration by or through Landlord as herein provided,
the Basic Rent payable under this Lease shall be abated proportionately to the degree to which Tenant’s use of the Premises is
materially impaired during the period of such repair, reconstruction or restoration; provided, however, that the amount of such
abatement shall be limited to the amount recoverable by Landlord from applicable policies of rental loss insurance maintained or
required to be maintained by Landlord pursuant to this Lease. Tenant shall not be entitled to any abatement, compensation or
damages for loss of the use of the whole or any part of the Premises and/or any inconvenience or annoyance occasioned by such
damage, repair, reconstruction or restoration, nor shall Tenant be entitled to any insurance proceeds, including those in excess of
the amount required by Landlord for such repair, reconstruction or restoration. Tenant shall not be released from any of its
obligations under this Lease due to damage or destruction of the Building and/or the Premises except to the extent and upon the
conditions expressly stated in this Section 21.
(f) Extent of Repair Obligation. If Landlord is obligated to or elects to repair or restore as herein provided, Landlord shall
be obligated to make repair or restoration only of those portions of the Building and the Premises which were originally
provided at Landlord’s expense, and the repair and restoration of items not provided at Landlord’s expense shall be the
obligation of Tenant. Tenant shall assign and deliver to Landlord any insurance proceeds payable to or received by Tenant in
connection with the Tenant Improvements or any other improvements initially constructed or installed by Landlord and insured
by Tenant pursuant to Section 19(a) hereof, and Landlord shall thereafter, to the extent that it receives any such insurance
proceeds, repair and restore such Tenant Improvements and other improvements.
(g) Waiver. The provisions of California Civil Code § 1932(2) and § 1933(4), which permit termination of a lease upon
destruction of the Premises, are hereby waived by Tenant; and the provisions of this Section 21 shall govern in case of such
destruction.
22. CONDEMNATION.
(a) Complete Taking. If the whole of the Project, the Building or the Premises or so much thereof shall be taken by
condemnation or in any other manner for any public or quasi-public use or purpose so that a reasonable amount of
reconstruction will not result in the Premises being no longer reasonably suitable for Tenant’s continued occupancy, this Lease
and the term and estate hereby granted shall terminate and no longer be of any force or
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