Health Net 2009 Annual Report Download - page 399

effect as of the date that possession of the Project, the Building or the Premises is so taken (herein called “Date of the Taking”),
and the Basic Rent and other sums payable hereunder shall be prorated and adjusted as of such termination date.
(b) Partial Taking. If only a part of the Building, the Project or the Premises shall be so taken and so that the remaining part
thereof after reconstruction is reasonably suited for Tenant’s continued occupancy, this Lease shall be unaffected by such taking,
except that Landlord may, at its option, terminate this Lease by giving Tenant written notice to that effect within sixty (60) days
after the Date of the Taking. In such event, this Lease shall terminate and no longer be of any force or effect as of on the date
that such notice from Landlord to Tenant shall be given, and the Basic Rent and other sums payable hereunder shall be prorated
and adjusted as of such termination date. Upon a partial taking after which this Lease continues in force as to any part of the
Premises, the Basic Rent and other sums payable hereunder shall be adjusted according to the Rentable Area remaining.
(c) Award. Landlord shall be entitled to receive the entire award or payment in connection with any taking without
deduction therefrom for any estate vested in Tenant by or in connection with this Lease, and Tenant shall receive no part of such
award, including any award for the “leasehold bonus value” of this Lease. Tenant hereby expressly assigns to Landlord all of its
right, title and interest in and to every such award or payment.
(d) Waiver. Except as may be otherwise provided herein, Tenant hereby waives and releases any right to terminate this
Lease under Sections 1265.120 and 1265.130 of the California Code of Civil Procedure or under any similar law, statute or
ordinance now or hereafter in effect relative to eminent domain, condemnation or takings.
23. DAMAGE TO TENANT’S PROPERTY AND EXCULPATION.
(a) Damage to Tenant’s Property. Notwithstanding anything to the contrary in this Lease, neither Landlord nor the
Landlord Parties (as defined in Section 24 below) shall be liable for damage to persons or property resulting from fire,
explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes,
appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness,
or any damage or loss to the business or occupation of Tenant arising from the acts or neglect of other tenants or occupants of,
or invitees to, the Project. Such waiver of liability shall include matters arising in connection with the passive (but not active)
negligence of Landlord or the Landlord Parties, unless covered by insurance required to be maintained by Tenant under this
Lease. Tenant shall give prompt written notice to Landlord in case of fire or accident in the Premises or in the Building or of
defects therein or in the fixtures or equipment.
(b) Exculpation. Landlord shall not be liable to Tenant or any third party for any loss, damage, death or injury to person or
property or any inconvenience: (i) caused by theft, fire, vandalism, assault, battery, act of God, breaches of security, acts of the
public enemy, acts of terrorists or criminals, riot, strike, insurrection, war, court order, requisition or order of governmental body
or authority, whether or not the negligence of Landlord or its agents or employees was a cause of, or in any way contributed to,
such loss, damage, death or injury, or (ii) that occurs by reason of the active negligence or willful misconduct of Tenant, its
agents,
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