Health Net 2009 Annual Report Download - page 405

perform any repair or restoration of the Project or the Premises required as a result of any damage, destruction or condemnation,
except to the extent that insurance proceeds or condemnation awards received by such lender or person are sufficient to fully pay the
cost of such repair or restoration.
27. ESTOPPEL CERTIFICATE. Tenant will, upon fifteen (15) days prior request by Landlord, execute, acknowledge and
deliver to Landlord a statement in writing executed by Tenant, substantially in the form of Exhibit F attached hereto, certifying,
among other things, the date of this Lease, that this Lease is unmodified and in full force and effect (or, if there have been
modifications, that this Lease is in full force and effect as modified, and setting forth such modifications) and the date to which the
Basic Rent and additional rent and other sums payable hereunder have been paid, and either stating that to the knowledge of Tenant
no default exists hereunder on the part of Landlord or Tenant or specifying each such default of which Tenant may have knowledge
and such other matters as may be reasonably requested by Landlord. The parties agree and intend that any such statement by Tenant
may be relied upon by any prospective purchaser or mortgagee of the Building or the Project. In the event that Tenant fails or refuses
to deliver such an estoppel certificate to Landlord within fifteen (15) days of a written request from Landlord, then Landlord may give
to Tenant a second notice, reiterating the request that Tenant execute an estoppel certificate in the form specified by Landlord and
stating that, if Tenant fails to do so within five (5) days of the receipt by Tenant of such second notice from Landlord, Tenant shall be
deemed to be bound by the statements set forth in the form of certificate which Landlord requested that Tenant deliver. In the event
that Tenant fails to deliver an estoppel certificate in the form specified by Landlord within five (5) days of the receipt by Tenant of
such second notice from Landlord: (i) Tenant shall conclusively be deemed, without exception, to have acknowledged the correctness
of the statements set forth in the form of certificate which Landlord requested that Tenant deliver, and Tenant shall be estopped from
denying the correctness of each such statement, such that a mortgagee or purchaser may rely on the correctness of the statements in
such form of certificate, as if made and certified by Tenant; and, (ii) such failure shall, at the sole option of Landlord and without the
necessity of further notice to Tenant, constitute an Event of Default under this Lease.
28. RULES AND REGULATIONS. Tenant agrees to observe and be bound by the Rules and Regulations applicable to the
Project, a copy of which is attached hereto as Exhibit G (the “Rules and Regulations”). Landlord reserves the right to amend said
Rules and Regulations as Landlord in its judgment may from time to time deem to be necessary or desirable for the safety, care and
cleanliness of the Project and the preservation of good order therein, and Tenant agrees to comply therewith. Landlord may make
concessions requested by a tenant without granting the same concessions to any other tenant; provided, however, that Landlord shall
use reasonable efforts to enforce the rules and regulations consistently and uniformly with respect to other tenants as applicable to
such other tenants under their respective leases and shall not systematically discriminate against Tenant in the enforcement of the
Rules and Regulations (although Tenant acknowledges that there may be differences in the rules and regulations applicable to the
various tenants in the Building, and that such fact shall not prevent Landlord from enforcing with respect to Tenant the Rules and
Regulations attached as Exhibit G). To the extent the Rules and Regulations conflict with this Lease, this Lease shall control.
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