Health Net 2009 Annual Report Download - page 462

(r) Joint and Several Liability. If two or more individuals, corporations, partnerships or other business associations (or any
combination of two or more thereof) shall sign this Lease as Tenant, the liability of each such individual, corporation, partnership or
other business association to pay Rent and perform all other obligations hereunder shall be deemed to be joint and several, and all
notices, payments and agreements given or made by, with or to any one of such individuals, corporations, partnerships or other
business associations shall be deemed to have been given or made by, with or to all of them. In like manner, if Tenant shall be a
partnership or other business association, the members of which are, by virtue of statute or federal law, subject to personal liability,
then the liability of each such member shall be joint and several.
(s) Rental Allocation. For purposes of Section 467 of the Internal Revenue Code of 1986, as amended from time to time,
Landlord and Tenant hereby agree to allocate all Rent to the period in which payment is due, or if later, the period in which Rent is
paid.
(t) Rules and Regulations. Tenant agrees to comply with all rules and regulations of the Building and the Project imposed by
Landlord as set forth on Exhibit D attached hereto, as the same may be changed from time to time upon reasonable notice to Tenant.
Landlord shall not be liable to Tenant for the failure of any other tenant or any of its assignees, subtenants, or their respective agents,
employees, representatives, invitees or licensees to conform to such rules and regulations, provided that Landlord enforces such rules
in a non-discriminatory manner.
(u) Joint Product. This Agreement is the result of arms-length negotiations between Landlord and Tenant and their respective
attorneys. Accordingly, neither party shall be deemed to be the author of this Lease and this Lease shall not be construed against
either party.
(v) Financial Statements. Upon Landlord’s written request, Tenant shall promptly furnish Landlord, from time to time, with the
most current financial statements prepared in accordance with Tenant’s standard practices, certified by Tenant to be true and correct,
reflecting Tenant’s then current financial condition.
(w) Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war,
terrorism, terrorist activities, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions,
civil commotions, fire, flood, earthquake or other casualty, and other causes beyond the reasonable control of the party obligated to
perform, except with respect to the obligations imposed with regard to Rent and other charges to be paid by Tenant pursuant to this
Lease and except as to Tenant’s obligations under Article 6 and Article 8 of this Lease (collectively, a “Force Majeure”),
notwithstanding anything to the contrary contained in this Lease, shall excuse the performance of such party for a period equal to any
such prevention, delay or stoppage and, therefore, if this Lease specifies a time period for performance of an obligation of either
party, that time period shall be extended by the period of any delay in such party’s performance caused by a Force Majeure.
(x) WAIVER OF TRIAL BY JURY. EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY
ACTION SEEKING SPECIFIC PERFORMANCE OF ANY PROVISION OF THIS LEASE, FOR DAMAGES FOR ANY
BREACH UNDER THIS LEASE, OR OTHERWISE FOR ENFORCEMENT OF ANY RIGHT OR REMEDY HEREUNDER.
(y) Submission of Lease. Submission of this instrument for examination or signature by Tenant does not constitute a reservation
of, option for or option to lease, and it is not effective as a lease or otherwise until execution and delivery by both Landlord and
Tenant.
(z) Project or Building Name and Signage. Landlord shall have the right at any time to change the name of the Project or
Building (other than to the name of one of the Tenant’s competitors) and to install, affix and maintain any and all signs on the exterior
and on the interior of the Project or Building as Landlord may, in Landlord’s sole discretion, desire. Tenant shall not use the name of
the Project or Building or use pictures or illustrations of the Project or Building in advertising or other publicity or for any purpose
other than as the address of the business to be conducted by Tenant in the Premises, without the prior written consent of Landlord.
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