Health Net 2009 Annual Report Download - page 283

14.7 Tenant’s Personal Property. In the event of any damage or destruction of the Premises or the Building, under no
circumstances shall Landlord be required to repair any injury or damage to, or make any repairs to or replacements of, Tenant’s
personal property.
15.1 Condemnation. The words “Condemnation” or “Condemned” as used herein shall mean the taking for any public or
quasi-public use under any governmental law, ordinance, or regulation, or the exercise of, or the intent to exercise, the power of
eminent domain, expressed in writing, as well as the filing of any action or proceeding for such purpose, by any person, entity, body,
agency, or authority having the right or power of eminent domain, and shall include a voluntary sale by Landlord to any such person,
entity, body agency or authority, either under threat of condemnation expressed in writing or while condemnation proceedings are
pending, and shall occur in point of time upon the actual physical taking of possession pursuant to the exercise of said power of
eminent domain.
15.2 Condemnation Resulting in Termination. If the whole of the Premises or the Building should be taken or condemned for
any public use, or by right of eminent domain, or by sale in lieu thereof, either party shall have the right to terminate this Lease at its
option. If a material portion (but less than substantially the whole) of the Building, Premises, or Project is so taken or sold, this Lease
shall be unaffected by such taking, provided that (i) Tenant shall have the right to terminate this Lease by written notice to Landlord
given within (90) days after the date of such taking if twenty percent (20%) or more of the Premises is taken and the remaining area
of the Premises is not reasonably sufficient for Tenant to continue operation of its business, any portion of the Building or Land is so
taken or sold and such taking or sale materially and adversely affects Tenant’s access to the Premises, or the Parking Facilities serving
the Premises are materially reduced such that Tenant no longer has use of a reasonably sufficient number of parking spaces, and
(ii) Landlord (whether or not the Premises are affected thereby) may terminate this Lease by giving written notice thereof to Tenant
within seventy-five (75) days after such taking. If either party elects to terminate this Lease pursuant to this Section 15.2, the Rent
shall be abated during the unexpired portion of this Lease, effective when the physical taking of the applicable portion of the Project
shall have occurred.
15.3 Condemnation Not Resulting in Termination. If a portion of the Building of which the Premises are a part should be
taken or condemned for any public use under any regulation, or by right of eminent domain, or by private purchase in lieu thereof,
and the taking prevents or materially interferes with the Permitted Use of the Premises, and this Lease is not terminated as provided in
Section 15.2 above, the Rent payable hereunder during the unexpired portion of this Lease shall be reduced, beginning on the date
when the physical taking shall have occurred, to such amount as may be fair and reasonable under all of the circumstances, but only
after giving Landlord credit for all sums received or to be received by Tenant by the condemning authority. Notwithstanding anything
to the contrary contained in this Section, if the temporary use or occupancy of any part of the Premises shall be taken or appropriated
under power of eminent domain during the Term, this Lease shall be and remain unaffected by such taking or appropriation and
Tenant shall continue to pay in full all Rent payable hereunder by Tenant during the Term; in the event of any such temporary
appropriation or taking, Tenant shall be entitled to receive that portion of any award which represents compensation for the use of or
occupancy of the Premises during the Term.
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15. CONDEMNATION.