Health Net 2009 Annual Report Download - page 289

19.2 Financial Statements. Upon 10 days’ prior written request from Landlord (which Landlord may make at any time during
the Term but no more often than once per calendar year), Tenant shall deliver to Landlord a current financial statement of Tenant and
any Guarantor. Such statements shall be prepared in accordance with generally acceptable accounting principles and certified as true
in all material respects by Tenant (if Tenant is an individual) or by an authorized officer or general partner of Tenant (if Tenant is a
corporation or partnership, respectively).
21.1 Subordination. Subject to the provisions of Section 21.3 below, this Lease is and shall be subordinate to any encumbrance
now of record or recorded after the date of this Lease affecting the Building, Land, other improvements, and land of which the
Premises are a part. Notwithstanding the foregoing, Landlord represents and warrants that as of the Commencement Date, the
Premises is not encumbered by any mortgage or deed of trust. If any mortgagee, trustee, or ground lessor (a “Superior Lienor”) shall
elect to have this Lease and any options granted hereby prior to the lien of its mortgage, deed of trust, or ground lease, and shall give
written notice thereof to Tenant, this Lease and such options shall be deemed prior to such mortgage, deed of trust, or ground lease,
whether this Lease or such options are deeded prior or subsequent to the date of said mortgage, deed of trust, or ground lease, or the
date of recording thereof.
21.2 Attornment. In the event any proceedings are brought for foreclosure, or in the event of a sale or exchange of the real
property on which the Building is located, or in the event of the exercise of the power of sale under any mortgage or deed of trust
made by Landlord covering the Premises, Tenant shall attorn to the purchaser upon any such foreclosure and sale and recognize such
purchaser as Landlord under this Lease.
21.3 Execution of Documents by Tenant; Non-Disturbance Agreement. Tenant agrees to execute, within fifteen (15) days of
a request to do so by Landlord, any documents reasonably required to effectuate an attornment or to make this Lease or any options
granted herein subordinate to or prior to the lien of any mortgage, deed of trust, or ground lease, as the case may be; provided,
however, that any such subordination and/or attornment shall be contingent upon Landlord obtaining for the benefit of Tenant, a
commercially reasonable non-disturbance agreement.
22.1 Landlord and Tenant recognize CB Richard Ellis, Inc. (“Tenant’s Broker”) as Tenant’s authorized representative. Landlord
shall pay Tenant’s Broker a standard market fee equal to 2.0% of the total Base Rent, payable within 45 days of a mutually executed
lease, for services rendered by Tenant’s Broker in this transaction,. Landlord acknowledges that Tenant’s Broker shall be a third-party
beneficiary of this Lease solely for the purpose of enforcing Tenant’s Broker’s right to payment pursuant to the preceding sentence.
Except for their contact with Tenant’s Broker, neither party has had any contact or dealings regarding the Premises, or
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20. INTENTIONALLY OMITTED.
21. SUBORDINATION, ATTORNMENT.
22. BROKER.