Health Net 2009 Annual Report Download - page 285

16.1.2 Failure to Pay. The failure by Tenant to make any payment of Rent or any other payment required to be made by
Tenant hereunder as and when due, which such failure shall continue for a period of five (5) days following Tenant’s receipt of
written demand from Landlord. The five (5) day notice described herein shall be in lieu of, and not in addition to, any notice
required under Section 1161 of the California Civil Code of Procedure or any other law now or hereafter in effect requiring that
notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding.
16.1.3 Failure to Perform. Tenant’s failure to observe or perform any of the covenants, conditions, or provisions of this
Lease to be observed or performed by Tenant, other than as described in Section 16.1.1 or 16.1.2 above, where such failure shall
continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature
of Tenant’s default 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 commences such cure within such 30-day period and thereafter diligently prosecutes such cure to
completion; provided that such cure shall not be in excess of ninety (90) days.
16.1.4 General Assignment, Etc. The making by Tenant of any general assignment or general arrangement for the benefit
of creditors, or the appointment of a trustee or a 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 sixty (60) 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 in sixty (60) days.
16.1.5 Bankruptcy. The filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition
by Tenant’s creditors, which involuntary petition remains undischarged for a period of sixty (60) days. In the event that under
applicable law the trustee in bankruptcy or Tenant has the right to affirm this Lease and perform the obligations of Tenant
hereunder, such trustee or Tenant shall, in such time period as may be permitted by the bankruptcy court having jurisdiction,
cure all defaults of Tenant hereunder outstanding as of the date of the affirmance of this Lease, and provide to Landlord such
adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant’s obligation under this
Lease.
16.1.6 Disposition of Assets. Without the prior written consent of Landlord, which shall not be unreasonably withheld or
delayed, selling, leasing, assigning, encumbering, hypothecating, transferring, or otherwise disposing of all or substantially all of
the Tenant’s assets.
16.2 Landlord Default. Landlord shall not be in default of this Lease unless Landlord fails to perform an obligation required of
Landlord within a reasonable time, but in no event less than thirty (30) days after written notice by Tenant to Landlord and to the
holder of any mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to
Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of
Landlord’s obligation is such that more than thirty (30) days is reasonably required for its performance then Landlord shall not be in
default if
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