Health Net 2009 Annual Report Download - page 386

obligations under this Section and Section 10 or either of them shall include, without limitation, the responsibility of Tenant to make
substantial repairs, improvements or Alterations to the extent provided above, regardless of, among other factors, the relationship of
the cost of curative action to the Rent under this Lease, the length of the then remaining Term hereof, the relative benefit of the
repairs to Tenant or Landlord, the degree to which the curative action may interfere with Tenant’s use or enjoyment of the Premises,
or the likelihood that the parties contemplated the particular law involved. Tenant waives any rights now or hereafter conferred upon
it by any existing or future law to terminate this Lease or to receive any abatement, diminution, reduction or suspension of payment of
Rent by reason of the obligations of Tenant under this Section 12. In no event, however, shall Tenant be responsible for any structural
upgrade required to be made to the Premises, except to the extent that the requirement of such upgrade is imposed due to the use of
the Premises by Tenant for other than general office use or any Alteration made or proposed to be made by Tenant. Landlord
acknowledges to Landlord’s actual knowledge, without duty of inquiry or investigation, that as of the date of this Lease, the Project is
not in violation of any local, state or federal law, statute, ordinance or governmental rule, regulation or requirement with which the
Project is required to comply as of the date of this Lease (and for such purposes, Landlord shall not be deemed to be in violation of
such local, state or federal law, statute, ordinance or governmental rule, regulation or requirement unless Landlord has been notified
of the violation as of the date of this Lease by the applicable government authority or authorities having jurisdiction and Landlord has
failed to correct such violation as of the date of this Lease).
13. LIENS AND INSOLVENCY. Tenant shall keep the Premises, the Building and the Project free from any liens or
encumbrances of any kind or nature arising out of any work performed, materials ordered or obligations incurred by or on behalf of
Tenant. If Tenant becomes insolvent, makes an assignment for the benefit of creditors, or if legal proceedings are instituted seeking to
have Tenant adjudicated bankrupt, reorganized or rearranged under the bankruptcy laws of the United States, or if this Lease shall, by
operation of law or otherwise, pass to any person or persons or entity other than Tenant, Landlord may, at its option, terminate this
Lease, which termination shall reserve unto Landlord all of the rights and remedies available under Sections 29 or 35 hereof, and
Landlord may accept rent from such trustee, assignee or receiver without waiving or forfeiting said right of termination.
14. PARKING.
(a) During the Term, as the same may be extended, Tenant shall have the use of a number of unreserved vehicle parking
privileges (the “Parking Privileges”) equal to the product (rounded to the nearest whole Parking Privilege) of: (i) the total
number of square feet of Rentable Area contained in the Premises; multiplied by (ii) the ratio of four (4) to One Thousand
(1,000). The right of Tenant to use such Parking Privileges shall be at no charge (except as otherwise specifically provided in
this Lease) to Tenant and shall be subject to such reasonable and non-discriminatory rules and regulations as Landlord or its
parking operator may establish from time to time and to all applicable laws, ordinances, rules and regulations. Landlord may
assign any unreserved and unassigned parking spaces or designate all or a portion of such spaces reserved or institute an
attendant-assisted tandem parking program or valet parking program if Landlord determines in its sole discretion that such is
necessary for orderly parking, provided that the Parking Privileges are not materially and adversely affected thereby.
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