Health Net 2009 Annual Report Download - page 281

Landlord’s or Tenant’s fixtures, personal property, leasehold improvements, or business, regardless of whether the negligence of the
other party caused such damage to or theft, destruction, loss, or loss of use. Each party will give its insurance carrier written notice of
the terms of such mutual waiver, and the insurance policies will be properly endorsed, if necessary, to prevent the invalidation of
coverage by reason of said waiver. In the event of a conflict between this Section 12.3 and any other provision of this Lease, the terms
of this paragraph shall control.
Tenant shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which become payable during the
Term upon all Tenant Improvements, Tenant’s leasehold improvements, Alterations, equipment, furniture, fixtures, and personal
property located in the Premises, except that which has been paid for by Landlord and is the standard of the Building (“Tenant’s
Property”). In the event any or all of the Tenant’s Property shall be assessed and taxed with the Building, Tenant shall pay to
Landlord its share of such taxes within 30 days after delivery to Tenant by Landlord of a statement in writing setting forth the amount
of such taxes applicable to Tenant’s Property with supporting documentation. Tenant shall pay directly to the party or entity entitled
thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed
against or levied upon Tenant, as and when the same become due and before delinquency.
14.1 General. If the Premises or Building should be damaged or destroyed by fire, tornado, or other casualty (collectively,
“Casualty”), Tenant shall give immediate written notice thereof to Landlord. Within 30 days after Landlord’s receipt of such notice,
Landlord shall notify Tenant whether in Landlord’s reasonable estimation material restoration of the Premises can reasonably be
made within 270 days from the date of such notice. Landlord’s determination shall be binding on Tenant. If the Premises are
untenantable in whole or in part following such damage, the Rent payable hereunder during the period in which they are untenantable
shall be abated proportionately.
14.2 Within 270 Days. If the Premises or Building should be damaged by Casualty to such extent that material restoration can
in Landlord’s estimation be reasonably completed within 270 days after the date of such notice, this Lease shall not terminate.
Provided that insurance proceeds are received by Landlord to fully repair the damage (or, in the event Landlord fails to maintain the
insurance required of Landlord by this Lease, would have been received had Landlord maintained the insurance required of Landlord
by this Lease), Landlord shall proceed to rebuild and repair the Premises diligently and in the manner determined by Landlord,
including restoration and replacement of any Tenant Improvements paid for by Landlord; provided, however, Landlord shall not be
required to rebuild, repair or replace any part of any Alterations which may have been placed on or about the Premises or paid for by
Tenant.
14.3 Greater than 270 Days. If the Premises or Building should be damaged by Casualty to such extent that rebuilding or
repairs cannot in Landlord’s estimation be reasonably completed within 270 days after the date of such notice, then Landlord shall
have the option of
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13. TAXES ON TENANT’S PROPERTY.
14. DAMAGE OR DESTRUCTION.