Health Net 2009 Annual Report Download - page 401

(b) Landlord’s Indemnity. Subject to the provisions of Section 23 and 24(a) above, Landlord shall indemnify, defend and
protect Tenant and hold Tenant harmless of and from any and all claims, proceedings, loss, cost, damage, causes of action,
liabilities, injury or expense arising out of or related to claims of injury to or death of persons, damage to property occurring or
resulting directly or indirectly from the condition or design of the Common Areas, but only to the extent that such indemnity
obligations of Landlord hereunder would be covered by the proceeds of liability insurance maintained by Landlord or required
to be maintained by Landlord under this Lease, such indemnity to include, but without limitation, the obligation to provide all
costs of defense against any such claims; provided, however, that the foregoing indemnity shall not be applicable to claims,
proceedings, loss, cost, damage, causes of action, liabilities, injury or expense to the extent arising by reason of the active
negligence or willful misconduct of Tenant. The foregoing notwithstanding, Landlord shall not be required to indemnify or
defend Tenant from any claims, proceedings, loss, cost, damage, causes of action, liabilities, injury or expense arising out of or
related to theft, fire, vandalism, assault, battery, act of God, breaches of security, acts of the public enemy, acts of terrorists or
criminals, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, whether or not the
negligence of Landlord or its agents or employees was a cause of, or in any way contributed to, such loss, damage, death or
injury. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Nothing in this Section 24(b)
shall be deemed to limit or modify Landlord’s indemnity obligations under Section 10(c) above and Section 25(f)(iii) below.
25. HAZARDOUS MATERIALS.
(a) Definitions. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste
which is or becomes regulated by, or is dealt with in, any local governmental authority, the State of California or the United
States Government. Accordingly, the term “Hazardous Material” includes, without limitation, any material or substance which is
(i) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117
or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iii) defined as a “hazardous
substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances), (iv) petroleum, (v) asbestos, (vi) listed under Article 9 or defined as hazardous or extremely hazardous
pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (vii) designated as a “hazardous
substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (viii) defined as a “hazardous
waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6902 et seq., or
(ix) defined as a “hazardous substance” pursuant to Section 101 of the Compensation and Liability Act, 42 U.S.C. § 9601 et seq.
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