Health Net 2009 Annual Report Download - page 407

30. DEFAULTS AND REMEDIES.
(a) Defaults. The occurrence of any one or more of the following events shall constitute a default hereunder by Tenant
(each an “Event of Default”):
(i) The failure by Tenant to make any payment of Basic Rent, additional rent, other charges or any other payment required
to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of ten (10) days after written
notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any
notice required under California Code of Civil Procedure § 1161 regarding unlawful detainer actions.
(ii) The failure by Tenant to observe or perform any of the express or implied covenants or provisions of this Lease to be
observed or performed by Tenant, other than as specified in Section 30(a)(i) above, where such failure shall continue for a
period of thirty (30) days after written notice thereof from Landlord to Tenant. Any such notice shall be in lieu of, and not in
addition to, any notice required under California Code of Civil Procedure § 1161 regarding unlawful detainer actions. If the
nature of Tenant’s default (other than a default specified in Section 30(a)(i) above) is such that more than thirty (30) days are
reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within said
thirty (30) day period and thereafter diligently prosecute such cure to completion, and such completion shall occur not later than
ninety (90) days from the date of such notice from Landlord.
(iii) Any of the following: The making by Tenant of any general assignment for the benefit of creditors; the filing by or
against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law
relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within thirty (30) days); the
appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of
Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or
other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease where
such seizure is not discharged within thirty (30) days.
(iv) Any other act or omission which is expressly provided in this Lease to be an Event of Default, as to which acts or
events the notice provisions of Section 30(a)(ii) shall not be applicable.
(b) Remedies. If an Event of Default exists, in addition to any other remedies available to Landlord at law or in equity,
Landlord shall have the following rights and remedies:
(i) The right to terminate this Lease and pursue its rights and remedies provided by California Civil Code Section 1951.2,
in which event Landlord may recover:
(A) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
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