Health Net 2009 Annual Report Download - page 278

by, or is a result of, the Landlord’s or Landlord Parties’ negligence or intentional misconduct. Tenant shall give prompt
notice to Landlord in the event of (x) the occurrence of a fire or accident in the Premises or in the Building, or (y) the
discovery of any defect therein or in the fixtures or equipment thereof.
11.2.2 Limitations.
11.2.2.1 Notwithstanding any other provision of this Lease and except as provided in Section 23 below, Landlord and
Tenant agree that in no event shall either party be responsible or liable to the other party on any theory for any loss of
profits or income (other than Rent), damage to business or any form of special, indirect or consequential damage.
11.2.2.2 Notwithstanding any other provision of this Lease, the term “Landlord” means the owner of fee title to the
Premises at the time in question. In the event of any transfer of Landlord’s title or interest in the Premises, the Building, or
this Lease, Landlord herein named (and in case of any subsequent transfers then the grantor) shall be relieved from and
after the date of such transfer of all liability as respects Landlord’s covenants and obligations thereafter to be performed,
except for any funds in the hands of Landlord or the then grantor at the time of such transfer, in which Tenant has an
interest which are not delivered to the grantee. The obligations and/or covenants contained in this Lease to be observed
and/or performed by Landlord shall, subject to the foregoing provisions, be binding on Landlord’s successors and assigns,
but only as they are to be observed and performed by the original Landlord and any such grantor during their respective
periods of ownership.
11.2.2.3 In consideration of the benefits accruing hereunder, Tenant and all successors and assigns covenant and
agree that, in the event of any actual or alleged failure, breach or default hereunder by Landlord: (i) no partner, member,
stockholder, director, officer, employee, beneficiary or trustee (collectively, “Partner”) of Landlord shall be sued or
named as a party in any suit or action (except as may be necessary to secure jurisdiction over Landlord); (ii) no service of
process shall be made against any Partner of Landlord (except as may be necessary to secure jurisdiction over Landlord);
(iii) no Partner of Landlord shall be required to answer or otherwise plead to any service of process; (iv) no judgment will
be taken against any Partner of Landlord; (v) any judgment taken against any Partner of Landlord may be vacated and set
aside at any time nunc pro tunc; (vi) no writ of execution will ever be levied against the assets of any Partner of Landlord;
and (vii) these covenants and agreements are enforceable both by Landlord and also by any Partner of Landlord.
12.1 Landlord’s Insurance.
12.1.1 Property Insurance. Landlord shall obtain and keep in force during the term of this Lease a policy or policies of
commercial property coverage (including the Tenant Improvements of a structural nature) for full replacement cost and “All
Risk” insurance in the name of Landlord, with loss payable to Landlord and/or to any lenders having a lien on the Project or any
part of it, covering loss or damage to the Project (but not Tenant’s personal property, fixtures, equipment, improvements or
Alterations) in an amount not to exceed the full
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12. INSURANCE.